20060119Application Part II.pdf

Section 8
. Collocation
8.4.1.Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, Qwest will option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the option time frame will begin. The prioritization of optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Qwest, the higher in priority is such option. The option is limited to
space only and does not include other elements required to provision the
Collocation.
8.4:1.In order for an option request to avoid expiration, CLEC must:
Submit a Collocation Application during the option time frame;
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) calendar Days prior to the
expiration of the term of the existing option. The priority of a renewed
option is determined by the date CLEC accepts the quote from Qwest on
CLEC's renewal application.
8.4.First Right of Refusal - If Qwest receives a valid Collocation
Application (CLEC A is the requesting party) for a Qwest Wire Center in which all
available space has been occupied or optioned , the following provisions for FirstRight of Refusal will apply:
8.4.All Qwest out of space reporting requirements apply
to the Collocation Application (Sections 8.11 and 8.12).
addition, Qwest will provide CLEC A with option space information (e.
Caged and Cageless optioned space) that may fulfill the requirements of
CLEC A's Collocation Application. At CLEC A's request, Qwest will
initiate the option enforcement notice process by notifying the option partyor parties with the most recent space option(s) that meets the
requirements of CLEC A's Collocation Application.
8.4.The option enforcement notice serves as notification
to the option party that Qwest is in possession of a valid Collocation
Application, and calls for the option party to exercise its Right of First
Refusal, or relinquish its space option. The option party may exercise its
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4., or by submitting the Collocation Space
Reservation Application set forth in Section 8.4., within ten (10)
calendar Days of receipt of the option enforcement notice. This process
continues for all optioned space until all optioned space is exercised or
optioned space is relinquished (affirmatively by CLEC or upon expiration
of the notice period, whichever is earlier) to fulfill the Collocation
Application. Once optioned space has been relinquished for use to fulfill
the Collocation Application, the standard ordering terms and conditions
for Collocation shall apply.
8.4.Where contiguous space has been optioned , Qwest
will make its best effort to notify CLEC if Qwest, its Affiliates or other
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CLECs require the use of CLEC's contiguous space. Upon notification
CLEC will have seventy-two (72) hours to indicate its intent to submit a
Collocation Application or Collocation Reservation. CLEC may choose to
terminate the contiguous space option or continue without the contiguousprovision.
8.4.1.7.4 The rate elements for the Collocation Space Option
are comprised of the following:a) Space Option Administration Fee is a nonrecurring
fee for all Collocation Space Option requests and covers the
processing of application , feasibility, common space engineering,
records management, and administration of the First Right of
Refusal process.b) Space Option Fee is a monthly recurring fee that will
be charged based upon the amount of space being optioned, at
two dollars ($2.00) per square foot per month.
8.4.In the event that the option party proceeds with a Collocation
Application for optioned space all payments made pursuant to Section
8.4.7.4(b) above shall be applied to such Collocation Application.
8.4.1.The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. Qwest shall, however, accept more than five (5) Collocation
Applications from CLEC per week per state, depending on the volume of Collocation
Applications pending from other CLECs.
Ordering - Virtual Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4., Qwest will perform a feasibility study to determine if
adequate space , power and HVAC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study will be provided within ten (10) calendar Days
of receipt of a complete Collocation Application. As part of the feasibility study, Qwest
will also notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation - If Collocation Entrance Facilities and space are available
Qwest will develop a price quotation within twenty-five (25) calendar Days of completion
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of the feasibility study. Subsequent requests to augment an existing Collocation also
require receipt of a Collocation Application. Adding plug-ins, e., DS1 or DS3 cards to
existing virtually collocated equipment, will be processed and provisioned within ten (10)
business days. Virtual Collocation price quotes will be honored for thirty (30) calendar
Days from the date the quote is provided. During this period the Collocation Entrance
Facility and space are reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4., space will be reserved and construction by Qwest will begin.
8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) calendar Days receipt of the quotation; 3)
whether CLEC delivers its collocated equipment to Qwest in a timely manner, which
shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation
Application; and 4) whether the Collocation Application requires major infrastructure
additions or modifications. The installation of line cards and other minor modifications
shall be performed by Qwest on shorter intervals and in no instance shall any such
interval exceed thirty (30) calendar Days. When Qwest is permitted to complete a
Collocation installation in an interval that is longer than the standard intervals set forth
below, Qwest shall use its best efforts to minimize the extension of the intervals beyond
such standard intervals.
8.4:2.4.Forecasted Applications with Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) calendar
Days prior to submission of the Collocation Application , and if CLEC provides a
complete Acceptance within seven (7) calendar Days of receipt of the Qwest
Collocation quotation, and if all of CLEC's equipment is available at the Qwest
Premises no later than fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) calendar Days of the receipt of the complete
Collocation Application. If CLEC's equipment is not delivered to Qwest within
fifty-three (53) calendar Days after receipt of the complete Collocation
Application, Qwest shall complete the Collocation installation within forty-five (45)
calendar Days of the receipt of all of CLEC's equipment.
8.4.2.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
of the Collocation Application , and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) calendar Days after
receipt of the complete Collocation Acceptance, Qwest shall complete its
installation of the Collocation arrangement within ninety (90) calendar Days of the
receipt of the complete Collocation Acceptance. If CLEC's equipment is not
delivered to Qwest within fifty-three (53) calendar Days after receipt of the
complete Collocation Acceptance, Qwest shall complete the Collocation
installation within forty-five (45) calendar Days of the receipt of all of CLEC'
equipment. If CLEC submits its Acceptance more than thirty (30) calendar Days
after receipt of the Qwest quotation, the Collocation Application shall be
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resubmitted by CLEC.
8.4.2.4.Unforecasted Applications with Timely Acceptance If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application , and if CLEC provides a
complete Acceptance within seven (7) calendar Days of receipt of the Qwest
Collocation quotation, and if all of CLEC's equipment is ayailable at the Qwest
Premises no later than fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) calendar Days of the receipt of
the complete Collocation Application. ' If CLEC's equipment is not delivered to
Qwest within fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete the Collocation installation within
seventy-five (75) calendar Days of the receipt of all of CLEC's equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation, and if all of CLEC'
equipment is available at the Qwest Premises no later than fifty-three (53)
calendar Days after receipt of the complete Collocation Acceptance , Qwest shall
complete its installation of the Collocation arrangement within one hundred and
twenty (120) calendar Days of the receipt of the complete Collocation
Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53)
calendar Days after receipt of the complete Collocation Acceptance, Qwest shall
complete the Collocation installation within seventy-five (75) calendar Days of the
receipt of all of CLEC's equipment.
8.4.2.4.Intervals for Major Infrastructure Modifications Where
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.2.4.through 8.4.2.4.4 may be extended if required , to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) calendar Days after
receipt of the complete Collocation Application, Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) calendar Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval, in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.
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when CLEC submits a Collocation Application. If not withstanding these efforts
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
Ordering - Caged and Cageless Physical Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.5 Qwest will perform a feasibility study to determine if
adequate space, power, and HVAC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibility study will be provided within ten
(10) calendar Days from date of receipt of a complete Collocation Application. As part of
the feasibility study, Qwest will also notify CLEC of any known circumstance that may
delay delivery of the ordered Collocation space and related facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation -- If Collocation Entrance Facilities and space are available
Qwest will develop a quote for the supporting structure. Qwest will complete the
quotation no later than twenty-five (25) calendar Days of providing the feasibility study.
Physical Collocation price quotes will be honored for thirty (30) calendar Days from the
date the quote is provided. During this period , the Collocation Entrance Facility and
space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.6 space will be reserved and construction by Qwest will begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three (3) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether
CLEC provides its Acceptance within seven (7) calendar Days of receipt of the
quotation; and 3) whether the Collocation Application requires major infrastructure
additions or modifications. When Qwest is permitted to complete a Collocation
installation in an interval that is longer than the standard intervals set forth below Qwest
shall use its best efforts to minimize the extension of the intervals beyond such standard
intervals.
8.4.3.4.1 Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within ninety (90) calendar Days of the receipt of the complete Collocation
Application.
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8.4.3.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
of the Collocation Application, and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation , Qwest shall complete its installation of
the Collocation arrangement within ninety (90) calendar Days of the receipt of the
complete Collocation Acceptance. If CLEC submits its Acceptance more than
thirty (30) calendar Days after receipt of the Qwest quotation, a new Collocation
Application shall be resubmitted by CLEC.
8.4.3.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) calendar Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) calendar Days of the receipt of
the complete Collocation Application.
8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the Collocation Application and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation, Qwest shall complete its
installation of the Collocation arrangement within one hundred and twenty (120)
calendar Days of the receipt of the complete Collocation Acceptance.
8.4.3.4.Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.3.4.through 8.4.3.4.4 may be extended if required , to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required , Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) calendar Days after receipt of the complete
Collocation Application. The need for, and the duration of, an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for, and the duration of, an extended interval , in which case Qwest must
request a waiver from the Commission to obtain an extended interval.
8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.
when CLEC submits a Collocation Application. If not withstanding these efforts
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
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Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4., Qwest will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study will be provided within ten (10) calendar
Days from date of receipt of a complete Collocation Application. As part of the feasibility
study, Qwest will also notify CLEC of any known circumstance that may delay delivery of
the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast
in accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1
and DS3 capacities that will be terminated on the Interconnection Distribution Frame by
Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the
sizing of required tie cables and the terminations on each Interconnection Distribution
Frame as well as the various other frames within the Qwest Wire Center.
8.4.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.4.Quotation -- If space is available , Qwest will develop a quote for the
supporting structure. Qwest will complete the quotation no later than twenty-five (25)
calendar Days of providing the feasibility study. ICDF Collocation price quotes will be
honored for thirty (30) calendar Days from the date the quote is provided. During this
period, the space is reserved pending CLEC's Acceptance of the quoted charges.
8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4., space will be reserved and construction by Qwest will
begin.
8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two
(2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved , in accordance with Section 8.4.7 and 2) whether CLEC provides
its Acceptance within seven (7) calendar Days of the quotation. When Qwest is
permitted to complete a Collocation installation in an interval that is longer than the
standard intervals set forth below, Qwest shall use its best efforts to minimize the
extension of the intervals beyond such standard intervals.
8.4.4.4.Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the Collocation Application , and if CLEC provides a complete
Acceptance within. seven (7) calendar Days of receipt of the Qwest .Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within forty-five (45) calendar Days of the receipt of the complete Collocation
Application.
8.4.4.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) calendar Days prior to submission
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of the Collocation Application, and if CLEC provides a complete Acceptance
more than seven (7) calendar Days but less than thirty (30) calendar Days after
receipt of the Qwest Collocation quotation , Qwest shall complete its installation of
the Collocation arrangement within forty-five (45) calendar Days of the receipt of
the complete Collocation Acceptance. If CLEC submits its Acceptance more
than thirty (30) days after receipt of the Qwest quotation , the Collocation
. Application shall be resubmitted by CLEC.
8.4.4.4.Unforecasted Applications with Timely Acceptance If a
Premises is not included in CLEC's forecast at least sixty (60) calendar Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) calendar Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) calendar Days of the receipt of the complete
Collocation Application. This interval may be lengthened if space must be
reclaimed or reconditioned. The need for an extended interval shall be provided
to CLEC as a part of the quotation. CLEC may dispute the need for an extended
interval , in which case Qwest must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) calendar Days prior to
submission of the Collocation Application and if CLEC provides a complete
Acceptance more than seven (7) calendar Days but less than thirty (30) calendar
Days after receipt of the Qwest Collocation quotation , Qwest shall complete its
installation of the Collocation arrangement within ninety (90) calendar Days of the
receipt of the complete Collocation Acceptance. This interval may be lengthened
if space must be reclaimed or reconditioned. The need for an extended interval
shall be provided to CLEC as a part of the quotation. CLEC may dispute the
need for an extended interval , in which case Qwest must request a waiver from
the Commission.
Ordering - Adjacent Collocation
8.4.5.If space for Physical Collocation in a particular Qwest Premises is not
available at the time of CLEC's request CLEC may request Qwest to conduct a
feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that
Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable
arrangements can be provided on Qwest's property. Qwest will make available, within
ten (10) business days, drawings of the Qwest physical structures above and below
ground for the requested Adjacent Collocation site.
8.4.If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required , the provision of Collocation services by Qwest, in accordance with CLEC'
Collocation Application, and the construction by CLEC of the adjacent structure. If
CLEC disputes the interval proposed by Qwest, Qwest must promptly petition the
Commission for approval of such disputed interval.
8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the
ordering procedures and intervals for Physical Collocation shall apply.
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Ordering - Remote Collocation and Adjacent Remote Collocation
8.4.The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation , and to Adjacent Remote Collocation
provided within an existing Qwest Premises , except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form.
8.4.If space for Physical Collocation or Virtual Collocation in a particular
Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order
Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.1 and 8.4.
Ordering - CLEC to CLEC Connections
8.4.Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.1.5 (Subsections a , e, h and D.
Qwest will perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment that is
in separate locations in the same Qwest Premises, or to another CLEC's equipment in
the same Premises. The feasibility study will be provided within ten (10) calendar Days
from date of receipt of a complete Collocation Application.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation -- If existing cable racking is available, Qwest will provide
CLEC with a quote and the specific cable rack route toCLEC with the feasibility study.
additional cable racking is required to accommodate CLEC's request, Qwest shall
provide a feasibility and quote to CLEC no later than ten (10) calendar Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty
(30) calendar Days from the date the quote is provided. During this period, the space is
reserved pending CLEC's Acceptance of the quoted charges.
8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC
Connections:
8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation
Acceptance, CLEC may begin placement of its copper, coax, or fiber cables
along the Qwest designated cable rack route. Recurring charges will begin with
CLEC Acceptance.
8.4.CLEC-to-CLEC Connections using new cable rack. - Upon
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receipt of a complete Acceptance from CLEC, as described in Section 8.4.
Qwest will begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4.3.2, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall
be within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance.
If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the
Qwest quotation , the Collocation Application shall be resubmitted by CLEC.
Ordering - Direct Connections
8.4.Application - Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e
hand j), Qwest will perform a feasibility study to determine if adequate cable racking can
be found for the placement of copper, coax, or fiber optic cable, or any other Technically
Feasible method, used for Direct Connection (as described in Section 8.11.2). The
feasibility study will be provided within ten (.10) calendar Days from date of receipt of a
complete Collocation Application.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.8.2 Quotation - If existing cable racking is availabie, Qwest will provide CLEC
with a quote and the specific cable rack route with the feasibility study. If additional
cable racking is required to accommodate CLEC's request, Qwest shall provide a quote
to CLEC no later than ten (10) calendar Days after receipt of a complete Collocation
Application. Direct Connection quotes will be honored for thirty (30) calendar Days from
the date the quote is provided. During this period, the space is reserved pending
CLEC's Acceptance of the quoted charges.
8.4.
Connection:
Acceptance - There are two (2) forms of Acceptance for Direct
8.4.Direct Connection with existing cable rack. CLEC must submit
payment of one hundred percent (100%) of the quoted nonrecurring charges with
its acceptance notification.
8.4.Direct Connection using new cable rack. - Upon receipt of a
complete Acceptance from CLEC , as described in Section 8.4.6, Qwest will
begin construction of the new cable rack.
8.4.8.4 Interval - The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMICTM frame requiring a
MELDTM and or if new cable racking is required.
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Collocation
8.4.8.4.If CLEC provides. a complete Acceptance within thirty (30)
calendar Days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Direct Connection above the DSO level where no
new cable racking is required within thirty (30) calendar Days of the receipt of the
complete Collocation Acceptance. If Direct Connection is required at the DSO
level, to the COSMICTM, or if new cable racking needs to be installed, Qwest will
provision the direct trunking within sixty (60) calendar Days of the receipt of the
complete Collocation Acceptance.
Ordering - Facility Connected (FC) Collocation
8.4.Application - Upon receipt of a complete Collocation Application as
described in Section 8.4.5, Qwest will perform a feasibility study. The feasibility study
will be provided within ten (10) calendar Days of receipt of a complete Collocation
Application. As part of the feasibility study, Qwest will also notify CLEC of any known
circumstance that may delay delivery of the ordered Collocation space and related
facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar
Days of the Collocation Application. Qwest shall provide sufficient detail so that
CLEC has a reasonable opportunity to cure each deficiency. To retain its place
in the Collocation queue for the requested Premises CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) calendar Days after being advised of the deficiencies.
8.4.Quotation - If Collocation Entrance Facilities and space are available
Qwest will develbpa price quotation within twenty-five (25) calendar Days of providing
the feasibility study. Facility Connected Collocation price quotes will be honored for
thirty (30) calendar Days from the date the quote is provided. During this period, the
Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the
. quoted charges.
8.4.Acceptance - Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4., space will be reserved and construction by Qwest will
begin.
8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on
two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) calendar
Days of receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to
Qwest's C-POI in a timely manner, which shall mean within fifty-three (53) calendar Days
of the receipt of the complete Collocation Application. Qwest will provide FC Collocation
ninety (90) calendar Days from receipt of a complete Collocation Application with timely
Acceptance of the quote by CLEC. With late Acceptance of the quote by CLEC , Qwest
will provide FC Collocation ninety (90) calendar Days from Acceptance. CLEC must
have its Entrance Facility at the C-POI no later than fifty-three (53) calendar Days after
Qwest receives the complete Collocation Application. If CLEC's Entrance Facility is not
completed to the C-POI within fifty-three (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete the FC Collocation within forty-five (45)
calendar Days of the completion and availability of CLEC's Entrance Facility at the C-
POI.
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Collocation
Billing
Billing - All Collocation
Upon completion of the Collocation construction activities and payment of
the remaining nonrecurring balance, Qwest will provide CLEC a completion package that
will initiate the recurring Collocation charges. Once this completion package has been
signed by CLEC and Qwest, and Qwest has received the final fifty percent (50%)
balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
In the event Qwest has completed all associated construction activities
and CLEC has not completed its associated activities (e., delivering fiber to the C-POI
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance , close
the job, and begin Billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI , Qwest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can
request Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the Maintenance and Repair process contained
herein.
Billing - Virtual Collocation
Virtual Collocation will be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
Billing - Caged and Cageless Physical Collocation
Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, Qwest will schedule a walk through of the space with CLEC.
During this joint walk through, Qwest will turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through
CLEC will be provided the Caged or Cageless Physical Collocation completion package
(Le., all ordering information). The monthly Billing for leased space, DC power, Entrance
Facility, and other associated monthly charges will commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.7. If Qwest, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) calendar Days of the RFS, Qwest shall activate the
monthly recurring charges.
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Collocation
Maintenance and Repair
Virtual Collocation
Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays.
Installation and maintenance of CLEC's virtually collocated equipment will
be performed by Qwest or a Qwest authorized vendor.
Upon failure of CLEC's virtually collocated equipment, Qwest will promptly
notify CLEC of such failure and the corrective action that is needed. Qwest will repair
such equipment within the same time periods and with failure rates that are no greater
than those that apply to the performance of similar functions for comparable equipment
of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to
Qwest at the Premises housing the failed equipment. CLEC is responsible for
purchasing and maintaining a supply of spares.
Physical Collocation
CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
Interconnection Distribution Frame
CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs, and general housekeeping of the frame.
Adjacent Collocation and Adjacent Remote Collocation
6.4.CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
Facility Connected (FC) Collocation
Qwest will be responsible for all Maintenance and Repair of FC
Collocation facilities from the C-POI into and within the Wire Center, and for the
associated Interconnection, ancillary services, and Finished Services terminated on the
FC Collocation blocks or panels. CLEC does not have physical access to the Wire
Center for FC Collocation.
Splitter Collocation
When Splitters are installed in Qwest Wire Centers via Common Area
Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to
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Collocation
increase the capacity of the Splitters. CLEC will leave one (1) unused, spare Splitter
card in every shelf to be used for Maintenance and Repair until such time as the card
must be used to fill the shelf to capacity.
When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
areas in those. Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31
1999 Order in CC Docket No. 98-147.
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Section 9
Unbundled Network Elements
SECTION - UNBUNDLED NETWORK ELEMENTS
General Terms
Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona
Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that
Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the
Act and other Applicable Laws. Failure to list a UNE herein shall not constitute a waiver by
CLEC to obtain a UNE subsequently defined by the FCC or the state Commission.
UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
If CLEC accesses and uses a UNE consistently with Section 9., CLEC
may provide any Telecommunications Services over the same UNE.1.4 To submit an order to obtain a high capacity Loop or transport UNE
CLEC must undertake a reasonably diligent inquiry and , based on that inquiry, self-
certify that, to the best of its knowledge, its request is consistent with the requirements
discussed in Sections IV , V, and VI of the Triennial Review Remand Order and that it is
therefore entitled to unbundled access to the particular Network Elements sought
pursuant to section 251 (c)(3) of the Act. As part of such reasonably diligent inquiry,
CLEC shall ensure that a requested unbundled 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 as specified in Section 9., and that a requested unbundled DS1
DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified
on the list of Wire Centers that meet the applicable non-impairment threshold as
specified in Section 9.6. CLEC shall provide a letter or other mutually agreed upon form
to document its compliance. CLEC will maintain appropriate records that document
what CLEC relied upon to support its certification.
1.4.Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
. criteria discussed in sections V and VI of the Triennial Review Remand Order
Qwest must immediately process the request, if the UNE is in a location that
does not meet the applicable non-impairment thresholds as specified in Section
2 or Section 9.6. To the extent that Qwest seeks to challenge any other such
UNEs, it subsequently can raise that issue through the dispute resolution
procedures provided for in this Agreement.
If it is determined by CLEC or Qwest that CLEC's access to or use of
UNEs is inconsistent with Existing Rules, except due to change of law, CLEC has thirty
(30) calendar Days to convert such UNEs to alternate service arrangements and CLEC
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is subject to back billing for the difference between rates for the UNEs and rates for the
Qwest alternate service arrangements. CLEC is also responsible for all non-recurring
charges associated with such conversions.
When CLEC submits an order to convert a special access circuit to a
UNE and that circuit has previously been exempt from the special access surcharge
. pursuant to 47 C.R. 9 69.115 , CLEC shall document in its certification when and how
the circuit was modified to permit interconnection of the circuit with a local exchange
subscriber line.
To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e., switched and special access services offered pursuant to
Tariff), and request Qwest to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facility
Assignment) of CLEC's network demarcation (e., Collocation or multiplexing facilities)
for each UNE UNE Combination, or wholesale service when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwest's network with
access services.
When a UNE and other service are Commingled, the service
interval for each facility being Commingled will apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not applicable to
the total Commingled arrangement but do apply to each facility or service
ordered within the Commingled arrangement. Work performed by Qwest to
provide Commingled services that are not subject to standard provisioning
intervals will not be subject to performance measures and remedies, if any,
contained in this Agreement or elsewhere, by virtue of that service s inclusion in a
requested Commingled service arrangement. Provisioning intervals applicable to
services included within a requested Commingled service arrangement will not
begin to run until CLEC provides a complete and accurate service request
necessary CFAs to Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
Qwest will not combine or Commingle services or Network
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Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended , with Unbundled Network Elements or
combinations of Unbundled Network Elements.
Services are available for Commingling only in the manner in
which they are provided in Qwest's applicable product Tariffs , catalogs, price
lists, or other Telecommunications Services offerings.
Entrance Facilities and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
Ratcheting. To the extent that CLEC requests Qwest to commingle a
UNE or a UNE Combination with one or more facilities or services that CLEC has
obtained at wholesale from Qwest pursuant to a method other than unbundling under
Section 251 (c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at
multiple rates, otherwise known as ratcheting. Such commingling will not affect the
prices of UNEs or UNE Combinations involved.
To the extent a multiplexed facility is included in a Commingled
circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility will be ordered and billed pursuant to the
appropriate Tariff.
Service Eligibility Criteria
The following Service Eligibility Criteria apply to combinations and/or Commingling of
high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This
includes new UNE EELs, EEL conversions (including commingled EEL conversions), or
new commingled EELs (e., high capacity loops attached to special access transport).
10.Except as otherwise provided in this Section 9.10, Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
10.CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
Sections.
10.State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absenceof a state certification requirement, has complied with registration
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
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10.Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
10.Telephone Number Assignment. Each circuit to
provided to each End User Customer will be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those normally required
for a local voice call. CLEC will provide local telephone number
assignments by circuit;
10.2.4 911 or E911. Each circuit to be provided to each End User
Customer will have 911 or E911 capability prior to the provision of service
over that circuit. CLEC will provide evidence of 911 or E911 capability for
each circuit to be provided to each End User Customer.
10.Collocation. GLEC will provide evidence that each circuit
terminates in a Collocation arrangement by providing the associated CFA.
In addition:a) Each circuit to be provided to each End User
Customer will terminate in a Collocation arrangement that is
established pursuant to Section 251 (c)(6) of the Act and located at
Qwest's Premises within the same LATA as the End User
Customer s premises, when Qwest is not the collocator; and
cannot be at an Interexchange Carrier POP or ISP POP location;b) Each circuit to be provided to each End User
Customer will terminate in a Collocation arrangement that is
located at the third party s premises within the same LATA as the
End User Customer s premises, when Qwest is the collocator; andc) When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facility must be terminated in a
Collocation arrangement that is established pursuant to Section
251(c)(6) of the Act and located at Qwest's Premises within the
same LATA as the End User Customer s premises, when Qwest is
not the collocator, and cannot be at an Interexchange Carrier POP
or ISP POP location.
10.2.Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffic which must include hand-offs of local voice
calls that flow in both directions. Those arrangements that do not include
two way LIS trunks cannot be attributed towards satisfaction of this
criterion. GLEC will identify the Interconnection trunk(s) satisfying this
criterion. At a minimum, each DS1 circuit must be served by a DSO
equivalent LIS trunk in the same LATA and state as the End User
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Customer served by the circuit. For each twenty-four (24) DS1 circuits
CLEC must maintain at least one (1) active DS1 LIS trunk in the same
LATA and state as the End User Customer served by the circuit.
10.1 Calling Party Number. Each circuit to be provided
to each End User Customer will be served by an Interconnection
trunk over which CLEC will transmit the Calling Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilities having equivalent capacity,
CLEC will have at least one (1) active DS1 LIS trunk over which
CLEC will transmit the Calling Party Number in connection with
calls exchanged over the trunk. If the Calling Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting this criteria. For each circuit, CLEC will
identify the Interconnection trunk satisfying this criterion.
10.End Office Switch. Each circuit to be provided to each End
User Customer will be served by an End Office Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffic. CLEC will provide written documentation of
the Switch type and CLLI code for the Switch satisfying this criterion.
10.With each order, CLEC must provide certification and the
identified supporting information to Qwest through a certification letter, or other
mutually agreed upon communication, that each individual high capacity loop in
combination, or Commingled , with a Qwest-provided high capacity transport
facility or service , meets the Service Eligibility Criteria set forth above before
Qwest will provision or convert the high capacity facility in combination or
Commingled.
10.4 CLEC's high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
10.Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements , Qwest may perform Service Eligibility
Audits of CLEC's records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
10.Qwest may, upon thirty (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilities
conduct a Service Eligibility Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
10.CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by Qwest and shall maintain and provide Qwest
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Unbundled Network Elements
with relevant records (e., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC'high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
10.An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided, hoWever, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor s report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria
Qwest shall reimburse CLEC for its costs associated with the Service
Eligibility Audit.
10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours
unless there is a mutual agreement otherwise.
10.Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Qwest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that audit, and if
any subsequent Service Eligibility Audit does not find non-compliance
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
10.At the same time that Qwest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
10.Service Eligibility Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Qwest may have pursuant to other provisions of this Agreement.
10.Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibility Audit
as a prior prerequisite to Provisioning combination and Commingled
facilities.
10.CLEC shall maintain appropriate records to support . its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
10.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non-compliant circuits
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to private line/special access circuits and CLEC must true-up any
difference in payments within thirty (30) days1.2 Qwest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
an Unbundled Network Element Qwest provides , as well as the access provided to that
element, will be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest will be
provided in "substantially the same time and manner" to that which Qwest provides to itself or to
its Affiliates. In those situations where Qwest does not provide access to Network Elements to
itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Qwest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the Network Element, except when the provisions
herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Qwest
shall provide access and UNEs at the service performance levels set forth in Section 20.
Notwithstanding specific language in other sections of this Agreement, all provisions of this
Agreement regarding Unbundled Network Elements are subject to this requirement. In addition
Qwest shall comply with all state wholesale service quality requirements.
If facilities are not available, Qwest will build facilities dedicated to an End
User Customer if Qwest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local
Exchange Service. CLEC will be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest does not agree
that it is obligated to build UNEs , but it will consider requests to build UNEs pursuant to
Section 9.19 of this Agreement.
Upon receipt of an LSR or ASR, Qwest will follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
If cable capacity is available, Qwest will complete incremental
facility work (Le., conditioning, place a drop, add a Network Interface Device, and
other routine network modifications as described below) in order to complete
facilities to the End User Customer s premises.
Qwest shall make all routine network modifications to
unbundled Loop and transport facilities used by CLEC where the
requested loop or transport facility has already been constructed. Qwest
shall perform these routine network modifications to unbundled Loop or
transport facilities in a non-discriminatory fashion , without regard to
whether the Loop or transport facility being accessed was constructed on
behalf, or in accordance with the specifications, of any carrier.
1.2.A routine network modification is an activity that Qwest
regularly undertakes for its own retail End User Customers. Routine
network modifications include, but are not limited to, rearranging or
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splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Qwest ordinarily
attaches to a DS 1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may 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 cablefor CLEC.
During the normal assignment process, if no available facilities
are identified for the UNE requested , Qwest will look for existing engineering job
orders that could fill the request in the future. If an engineering job currently
exists, Qwest will add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC
another FOC with a new Due Date. If facilities are not available and no
engineering job exists that could fill the request in the future, Qwest will treat
CLECs request as follows:
For UNEs that meet the requirements set forth in
Section 9., CLEC will receive a jeopardy notice. Qwest will initiate
an engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed , CLEC will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, CLEC can request a
different Due Date by submitting a supplemental order to change the Due
Date to a later date.
For UNEs that do not meet the requirements in
Section 9., Qwest will send CLEC a rejection notice canceling the
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.1.4 Qwest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $100,000 in total cost
the estimated Ready for Service Date, the number of pairs or fibers added, and
the location of the new facilities (e., Distribution Area for copper distribution
route number for copper feeder, and termination CLL! codes for fiber). CLEC
acknowledges that Qwest does not warrant or guarantee the estimated Ready for
Service Dates. CLEC also acknowledges that funded Qwest outside plant
engineering jobs may be modified or cancelled at any time.
Intentionally Left Blank.
ntentionally Left Blank.1.4 Qwest will provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for
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each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the
connection between the Unbundled Network Element and the ICDF or other Central Office
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall
be:a) . at GLEe-provided Cross Connection equipment located in CLEC's Virtual or
Physical Collocation Space; orb) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution
Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; ord) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
at another Central Office Demarcation Point mutually-agreed to by the Parties.
CLEC may connect Network Elements in any Technically Feasible manner.
Qwest will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Qwest provides to itself. Qwest will provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Qwest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Qwest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Qwest in combination or as elements to be combined
by CLEC) except as Qwest may be expressly permitted or required by Existing Rules.
Except as set forth in Section 9., the UNE Combinations Section, Qwest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Qwest or CLEC):a) Qwest will perform testing necessary or reasonably requested by CLEC
to determine that such UNE is capable of meeting the technical parameters
established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
Qwest will cooperate with CLEC in any Technically Feasible testing
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necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
When elements are provisioned by Qwest in combination:a) Qwest will perform testing necessary or reasonably requested by CLEC
to determine that such combination and each UNE included in such combination
is capable of meeting the technical parameters of the combination.b) Qwest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
Installation intervals for Unbundled Network Elements are contained in Exhibit C.
Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT , which is located on the Qwest Web site.
In order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits
and new area code implementation. FCC rules are contained in C.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web-site.10 Channel Regeneration. Qwest's design will ensure the cable between the
Qwest-provided active elements and the DSX will meet the proper signal level requirements.
Channel regeneration will not be charged for separately for Interconnection between a
Collocation space and Qwest's network. Cable distance limitations are based on ANSI
Standard T1.102-1993 "Digital Hierarchy- Electrical Interface; Annex 8."
Exhibit A of this Agreement contains the rates for Unbundled Network Elements.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous
Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A.
Miscellaneous Charges apply to activities CLEC requests Qwest perform, activities. CLEC
authorizes, or charges that are a result of CLECs actions , such as cancellation charges or
expedite charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless
otherwise provided for in this Agreement, no additional charges will apply.
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Intentionally Left Blank.
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Unbundled Network Elements15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service
Interval Guide (SIG) or Individual Case Basis (ICB) due date.
15.CLEC will request an expedite for designed Unbundled Network
Elements, including an expedited Due Date , on the Local Service Request (LSR) or the
Access Service Request (ASR), as appropriate.
15.2 The request for an expedite will be allowed only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog
for expedites at Qwest's wholesale web site.
Unbundled Loops
Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a Qwest Central Office and the Loop Demarcation Point at an End User
Customer s premises. The Unbundled Loop includes all features, functions, and capabilities of
such transmission facility. Those features, functions, and capabilities include, but are not limited
, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1 , and DS3 Loops.
Loop Demarcation Point - For the purposes of this Section , Loop
Demarcation Point is the point where Qwest owned or controlled facilities cease, and
CLEC, End User Customer, owner or landlord ownership of facilities begins.
FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer s Premises, or, in the case of predominantly
residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section , a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer s Premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU'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.
FTTH/FTTC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer s Premises
that had not previously been served by any loop facility prior to October 2, 2003.
FTTH/FTTC Overbuilds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
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loop facility:
Qwest shall: (i) leave the existing copper loop
connected to the End User Customer s Premises after deploying the
FTTH/FTTC loop to such Premises, and (ij) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, Qwest shall not be required to incur any expense to ensure
that any such existing copper loop remains capable of transmitting signals
prior to receiving a request from CLEC for access, as set forth above, in
which case Qwest shall restore such copper loop to serviceable condition
on an Individual Case Basis. Any such restoration shall not be subject to
Performance Indicator Definition or other performance service
measurement or intervals. Qwest's obligations under this subsection
1.2.shall terminate when Qwest retires such copper Loop in
accordance with the provisions of Section 9.1.2.3 below.
1.2.In the event Qwest in accordance with the
provisions of Section 9.3 below, retires the existing copper loop
connected to the End User Customer s Premises, Qwest shall provide
access, as an Unbundled Network Element, over the FTTH/FTTC loop to
a 64 kbps transmission path capable of voice grade service.
Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest will: (i)provide notice of such planned replacement on its web site
(www.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (iii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th ) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th
business day following the release of the FCC's public notice of the filing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filing, unless the FCC rules
otherwise within that period.
Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, Qwest shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between Qwest's Central Office and an End User
Customer s premises. This access shall include access to all features, functions
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and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, Qwest may either:a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (Le., equivalent to
DSO capacity), using time division multiplexing technology; orb) Provide nondiscriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
Terms and Conditions
Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops (unbundled from local switching and transport) of substantially the same quality
as the Loop that Qwest uses to provide service to its own End User Customers. For
Unbundled Loops that have a retail analogue , Qwest will provide these Unbundled
Loops in substantially the same time and manner as Qwest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
Use of the word "capable" to describe Loops in Section 9.means that Qwest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
Use of the word "compatible" to describe Loops in Section 9.
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Qwest makes no assumptions as
to the capabilities of CLEC's Central Office equipment or the Customer Premises
Equipment.
Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade , point-to-point
configuration suitable for local exchange type services. For the two-wire configuration
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, Qwest will first attempt, to the extent possible, to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
available, Qwest may also seek alternatives such as Integrated Network Access
(INA), hair pinning, or placement of a Central Office terminal, to permit CLEC to
obtain an Unbundled Loop. If no such facilities are available, Qwest will make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for CLEC.
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2.2.In areas where Qwest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about CLEC'
ability to provide service through available copper facilities on a broad
scale , CLEC shall have the ability to gain access to Qwest information
sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwest
incremental costs to provide such information or access mediation.
If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Qwest will provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest will , at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL-
Capable Loops. Unbundled digital Loops are transmission paths capable of carrying
specifically formatted and line coded digital signals. Unbundled digital Loops may be
provided using a variety of transmission technologies including, but not limited to
metallic wire , metallic wire based digital Loop carrier, and fiber optic fed digital carrier
systems. Qwest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Qwest uses for itself to provide the requisite
service. Digital Loops may use a single or multiple transmission technologies. DC
continuity does not apply to digital capable Loops. If conditioning is required , then CLEC
shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to
perform such conditioning.
Intentionally Left Blank.
DS1 Unbundled Loops. Subject to the cap described in
Section 9., Qwest shall provide CLEC with non-discriminatory
access to a DS1 Loop on an unbundled basis to any building not served
by a Wire Center with at least 60 000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS1 Loop unbundling will be required in that Wire
Center.
1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
. DS3 Unbundled Loops. Subject to the cap describedin Section 9., Qwest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38 000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
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1 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.
9.2.Qwest shall make a list available to CLEC of those Wire
Centers that satisfy the above criteria and update that list as additional
Wire Centers meet these criteria. .
2.2.3.2 If CLEC orders a 2/4 wire non-loaded or ADSL compatible
Unbundled Loop for an End User Customer served by a digital loop carrier
system, Qwest will conduct an assignment process which considers the potential
for an LST or alternative copper facility. If no copper facility capable of
supporting the requested service is available, then Qwest will reject the order.
2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-loaded
Unbundled Loop. In the event that no such facilities are available, CLEC may request
that Qwest condition existing spare facilities. CLEC may indicate on the LSR that it pre-
approves conditioning if conditioning is necessary. If CLEC has not pre-approved
conditioning, Qwest will obtain CLEC's consent prior to undertaking any conditioning
efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is
necessary, Qwest will dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be
charged the nonrecurring conditioning charge (Le., cable unloading and Bridged Taps
removal), if applicable, in addition to the Unbundled Loop installation nonrecurring
charge.
2.4.Where Qwest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied , where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made , unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Qwest to deliver
it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Qwest to cure any
defect and Qwest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Qwest will dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters, if required , and BRITE cards in order to provision the
Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be
required in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the circuit design requires Extension Technology, to bring it up to
the design standards, it will be added by Qwest, at no charge. Extension Technology
can also be requested by CLEC to meet its specific needs. If Extension Technology is
requested by CLEC , but is not required to meet the technical standards, then Qwest will
provide the requested Extension Technology and will charge CLEC. Qwest will
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provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC will
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The
ISDN Capable Loop may also require conditioning (e., removal of load coils or Bridged
Taps).
9.2.For DS1 or DS3 capable Loops , Qwest will provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC will
have access to these terminations for testing purposes.
9.2.DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS 1 panel or equivalent in a Qwest serving
Central Office and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 Mbitls. DS 1 capable Loops shall meet the design requirements
specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1).
DS3 capable Loops provide a transmission path between a
Qwest Central Office network interface and an equivalent network interface at an
End User Customer location. DS3 capable Loops transport bi-directional DS3
signals with a nominal transmission rate of 44.736 Mbitls. DS3 capable Loops
shall meet the design requirements specified in Technical Publications 77384
(Unbundled Loop) and 77324 (DS3).
Qwest is not obligated to provision BRI-ISDN, xDSL-I-capable , DS1 , DS3-
capable, or ADSL-compatible Loops to End User Customers in areas served exclusively
by Loop facilities or transmission equipment that are not compatible with the requested
service.
Loop Qualification Tools. Qwest offers five (5) Loop qualification tools:
the ADSL Loop Qualification Tool, Raw Loop Data Tool , POTS Conversion to
Unbundled Loop Tool, MegaBit Qualification Tool, and ISDN Qualification Tool. These
and any future Loop qualification tools Qwest develops will provide CLEC access to
Loop qualification information in a nondiscriminatory manner and will provide CLEC the
same Loop qualification information available to Qwest. CLEC may request an audit of
Qwest's company records, back office systems and databases pertaining to Loop
information pursuant to Section 18 of this Agreement.
ADSL Loop Qualification Tool. CLEC may use the ADSL Loop
Qualification tool to pre-qualify the requested circuit utilizing the existing
telephone number or address to determine whether it meets ADSL specifications.
The qualification process screens the circuit for compliance with the design
requirements specified in Technical Publication 77384.
Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop
Data Tool. If CLEC has a digital certificate, CLEC may access the Wire Center
Raw Loop Data Tool via www.ecom.qwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLL! code
cable name, pair name, terminal address, ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length , segment gauge, Bridged Taps length by
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segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire Center CLL! code , cable
name, pair name , terminal address, ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length , segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pair
gain type.
POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.8.4 DSL Qualification Tool. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop ability to support Qwest DSL service. If the DSL
Qualification Tool returns a "" answer, it provides a brief explanation.
ISDN Qualification Tool. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and will inform CLEC of the number of lines found.
If an ISDN capable Loop is found , the tool identifies the facility and, if applicable
pair gain.
If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest will perform a manual search of the company s records, back
office systems and databases where Loop information resides. Qwest will
provide CLEC, via email, the Loop information identified during the manual
search within forty-eight (48) hours of Qwest's receipt of CLEC's request for
manual search. The email will contain the following Loop makeup information:
composition of the Loop material; location and type of pair gain devices, the
existence of any terminals, such as Remote Terminals or digital loop terminals
Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops
served by digital loop carrier, the email will provide the availability of spare feeder
and distribution facilities that could be used to provision service to the End User
Customer, including any spare facilities not connected to the Switch and Loop
makeup for such spare facilities. After completion of the investigation, Qwest will
load the information into the Loop Facilities Assignment and Control System
(LFACS) database, which will populate this Loop information into the fields in the
Loop qualification tools.
Provisioning Options. The following provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Qwest Technical Publication 77384, Qwest
Interconnection Service - Unbundled Loop.
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Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion , Qwest will call CLEC to notify
CLEC that the Qwest work has been completed.
For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting to CLEC, There is no associated circuit
testing performed.
2.2.For new End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
For basic installation of existing 2/4 wire analog
Loops, Qwest provides a Quick Loop with or without Local Number
Portability (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
For an existing End User Customer Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Office Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and Implementor/Tester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
The Qwest Implementor/Tester will read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single , designated CLEC office email
address.
For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the Qwest Implementor/Tester on close-out. Within two
(2) business days, Qwest will email the performance test results to a
single, designated CLEC office email address.
Coordinated Installation With Cooperative Testing. Coordinated
Installation With Cooperative Testing may be ordered for new or existing service.
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For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time , the Qwest Implementor/Tester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled Appointment Time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time. If
Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time,
Qwest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to Qwest's fault, Qwest will waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties will attempt to set a new Appointment Time on the same day
and, if unable to do so, owest will issue a jeopardy notice and a FOC with a new
Due Date.
9.2.For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
Qwest performance testing, the Qwest Implementor/Tester will contact
CLEC, read the Qwest test results , and begin CLEC cooperative testing.
Within two (2) business days , Qwest will email the Qwest test results to a
single, designated CLEC office email address. CLEC will be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of Qwest performance testing, the Qwest
Implementor/Tester will contact CLEC , read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office email
address. CLEC will be charged for any Provisioning test not defined in
the Qwest Technical Publication 77384.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the Qwest Implementor/Tester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
the installation by submitting a supplemental LSR. If Qwest is not ready within
thirty (30) minutes of the scheduled Appointment Time , Qwest will waive the
nonrecurring ch~rge for the installation option and the Parties will attempt to set a
new Appointment Time on the same day and, if unable to do so, Qwest will issue
a jeopardy notice and a FOC with a new Due Date.
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9.2.9.4.For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lift
and lay" procedure is complete.
9.4.For new Unbundled Loops , Qwest may dispatch a
technician to terminate the new circuit at the End User Customer
premises. The Field Technician will not remain on the premises to
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Office, and the COT and
ImplementorlTester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC will not
receive test results. When installation is complete, Qwest will notify
CLEC.
Basic Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
For an existing End User Customer Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of Qwest performance testing, the Qwest
ImplementorlTester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office email
address. CLEC and Qwest will perform a loop back acceptance test
accept the Loop and exchange demarcation information.
For new End User Customer service, Basic
Installation With Cooperative Testing may require a dispatch to the End
User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits.
If Qwest fails to perform cooperative testing due to
Qwest's fault, Qwest will waive the nonrecurring charge for the installation
option. If CLEC still desires cooperative testing, the Parties will attempt to
set a new Appointment Time on the same day and, if unable to do so
Qwest will issue a jeopardy notice and a FOC with a new Due Date.
Performance Testing.
performance tests for various Loop types:
Qwest performs the following
a) 2-Wire and 4-Wire Analog Loops
No Opens, Grounds , Shorts, or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
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Automatic Number Identification (ANI) when dial-tone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils , Opens, Grounds , Shorts, or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
c) Basic Rate ISDN and xDSL-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ::; 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts , or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
f) ADSL-Compatible Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ::; 41 dB at 196 kHz
Automatic Number Identification (ANI) when dial-tone is present
Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1-capable
Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops.
The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwest's ability to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same Frame Due Time (FDT) in the same Switch (Switch
contention) must be reviewed. In the event that any of these situations
would occur, Qwest will negotiate with CLEC for an agreed upon FDT
prior to issuing the Firm Order Confirmation (FOC). In special cases
where CLEC is ordering Unbundled Loop with LNP, the FDT must be
agreed upon, the interval to reach agreement will not exceed two (2) days
from receipt of an accurate LSR. In addition, standard intervals will apply.
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CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
CLEC will incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within Qwest's normal business
hours or Out Of Hours. Qwest normal business hours for Unbundled
Loops are 8:00 a.m. to 5:00 p., Monday through Friday. The rates for
coordinated installations are set forth in Exhibit A. Where LNP is
included, see Section 10.5.4 for rate elements.
9.2.7.4 Qwest will schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation , and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP , if the Coordinated Installation is cancelled due to a Qwest error
or a new Due Date is requested by Qwest, within twenty-four (24) hours
of the negotiated FDT, Qwest may be charged by CLEC one (1) Person
three (3) hour minimum charge as set forth in Exhibit A.
2.2.If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
Qwest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request.
CLEC is in error then a supplemental order shall be provided to Qwest.
Qwest is in error, no supplemental order or additional order will be
required of CLEC.
If CLEC orders Project Coordinated Installation with
LNP, Qwest shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwest'
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.23.8 of this Agreement.
In order to properly maintain and modernize the netWork, Qwest may
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make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.12 If there is a conflict between an End User Customer (or . its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops
Qwes! will advise the End User Customer to contact CLEC , and Qwest will initiate
contact with CLEC.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the property of Qwest.
. Qwest shall have reasonable access to all such facilities for network management
purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel
to accommodate testing, inspection repair and maintenance of such facilities and lines.
CLEC will not inhibit Qwest's employees and agents from entering said premises to test
inspect, repair and maintain such facilities and lines in connection with such purposes or
upon termination or cancellation of the Unbundled Loop service, to remove such facilities
and lines. Such entry is restricted to testing, inspection, repair and maintenance of
Qwest's property in that facility. Entry for any other purpose is subject to audit provisions
in the Audit section of this Agreement.
Intentionally Left Blank.
2.2.Reuse of Loop Facilities
15.When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest will notify CLEC of the
loss of the End User Customer, and will disconnect the Loop Qwest provided to
CLEC. Qwest will disconnect the Loop only '!Vhere Qwest has obtained proper
Proof of Authorization.
15.When CLEC contacts Qwest with a request to convert an End
User Customer from their Current Service Provider to CLEC, CLEC
responsible for notifying the Current Service Provider of the conversion. Qwest
will disconnect the Loop Qwest provided the Current Service Provider and , at
CLEC's request, where technically compatible, will reuse the Loop for the service
requested by CLEC (e., resale service).
15.When CLEC contacts Qwest with a request to convert an End
User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the
existing Loop facilities for the service requested by CLEC to the extent those
facilities are technically compatible with the service to be provided. Upon CLEC
request, Qwest will condition the existing Loop in accordance with the rates set
forth in Exhibit A.
15.4 Upon completion of the disconnection of the Loop, Qwest will
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies
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CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period , Qwest shall
notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of
facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilities made available under the terms of this section.
Rate Elements
The following recurring arid nonrecurring rates for Unbundled Loops are set forth in Exhibit A of
this Agreement. Recurring charges vary based on CLEC selected installation options
conditioning, and extension technology.
2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
. DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN , ADSL Compatible
Loop and xDSL-Capable Loop Recurring and Nonrecurring rates.
1 DSO, DS1 , and DS3-Capable Loop Conversion Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-Capable Loops.
Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate
(BRI) ISDN , ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and
approved by CLEC.
Miscellaneous Charges, as defined in Sections 4 and 9., may apply.
Out of Hours Coordinated Installations.
For purposes of service installation , Qwest's installation hours
are 8:00 a.m. to 5:00 p., Monday through Friday.
Intentionally Left Blank.
Intentionally Left Blank.
7.4 Intentionally Left Blank.
For coordinated installations sch~duled to commence Out
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC will incur
additional charges for the Out of Hours coordinated installation as set forth in
Exhibit A.
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Ordering Process
2.4.Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
. ordering processes are found on the Qwest wholesale web site.
2.4.Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
2.4.Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
2.4.Before submitting an order for a 2/4 wire non-loaded Loop,
ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop,. CLEC
should use one of Qwest's Loop make-up tools available via IMA-EDI, IMA-GUI
or the web-based application interface to obtain specific information about the
Loop CLEC seeks to order.
2.4.Based on the Loop make up information provided
through Qwest tools CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Qwest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Qwest will assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to perform the conditioning, Qwest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to perform the
conditioning on the LSR, Qwest will send CLEC a rejection notice
indicating the need to obtain approval for conditioning. CLEC must
submit a revised LSR before the conditioning work will commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval will begin as described in Section 9.2.4.
2.4.For a 2/4 wire non-loaded Loop, ADSL-compatible
Loop, ISDN-capable Loop, and xDSL-I-capable Loop, Qwest will return a
Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours
from receipt of a valid and accurate LSR. Return of such FOC will
indicate that Qwest has identified a Loop assignment. Such FOC will
provide CLEC with a firm Due Date commitment or indication that
appropriate facilities are not available to fill CLEC's order.
2.4.If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Qwest will return
the FOC with the standard interval (Le., five (5) days).
9.2.4.If CLEC has not pre-approved Loop
conditioning and Qwest determines that the Loop contains load
coils, Qwest will notify CLEC via a reject notification. CLEC must
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submit a new version of the LSR approving Loop conditioning. In
this scenario, the Application Date will correspond to the date the
new version is received by Qwest.
2.4.Intentionally Left Blank.
2.4.2.4 Intentionally Left Blank.
2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval will start when Qwest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
m. For service requests received after 7:00 p., the service interval will begin on the
next business day.
2.4.4.When CLEC places an order for an Unbundled Loop with Qwest
that is complete and accurate, Qwest will reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation will contain the Due Date that specifies the date on which Qwest
will provision the Loop. Qwest will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Qwest must make
changes to the commitment date, Qwest will promptly issue a jeopardy
notification to CLEC that will clearly state the reason for the change
commitment date. Qwest will also submit a new Firm Order Confirmation that will
clearly identify the new Due Date.
2.4.Installation intervals for Unbundled Loops apply when Qwest has facilities
or network capacity available.
2.4.Upon CLEC request, Qwest will convert special a~cess or private line
circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the
Serving Wire Center. The Loop conversion ordering process applies.
2.4.Intentionally Left Blank.
2.4.When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
2.4.9
the Loop.
The installation interval for xDSL Loops depends on the need to condition
2.4.When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
2.4.When load coils and/or Bridged Taps do exist CLEC will
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
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required , then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
2.4.Out of Hours Coordinated Installations
2.4.10.For purposes of this Section, Qwest's standard installation hours
are 8:00 a.m. to 5:00 p., Monday through Friday. Installations requested
outside of these hours are considered to be Out of Hours Instaiiations.
2.4.10.CLEC may request an Out of Hours Coordinated Instaiiation
outside of Qwest's standard installation hours.
9.2.4.10.To request Out of Hours Coordinated Installations, CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
Out of Hours Coordinated Installation in the Remarks section of the LSR.
2.4.10.4 The date and time for Out of Hours Coordinated Installations
may need to be negotiated between Qwest and CLEC because of system
downtime, Switch upgrades , Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention).
Maintenance and Repair
CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancillary services prior to reporting trouble to Qwest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. Qwest will work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Qwest's network. Qwest and CLEC will
report trouble isolation test results to the other. For Unbundled Loops, each Party shall
be responsible for the costs of performing trouble isolation on its facilities, subject to
Sections 9.2 and 9.2.
When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User
Customer s side of the Loop Demarcation Point. If the trouble is on the End User
Customer s side of the Loop Demarcation Point, and CLEC authorizes Qwest to repair
the trouble on CLEC's behalf, Qwest will charge CLEC the appropriate Additional Labor
Charges set forth in Exhibit A in addition to the Maintenance of Service charge.
When CLEC elects not to perform trouble isolation and Qwest performs
tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall
apply if the trouble is not in Qwest's facilities. Maintenance and Repair processes are
set forth in Section 12.3 of this Agreement. Maintenance of Service charges are set
forth in Exhibit A.5.4 Qwest will maintain detailed records of trouble reports of GLEe-ordered
Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such
reports on at a minimum of a quarterly basis to determine the cause of Loop problems.
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Qwest will conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Qwest. Based on this analysis , Qwest will take corrective measure
to fix persistent and recurrent problems, reporting to CLEC on the analysis and the
process changes that are instituted implemented to fix the problems.
Qwest shall allow access to the NID for testing purposes where access at
the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the
event that Qwest chooses not to allow such access, it shall waive any trouble isolation
charges that may otherwise be applicable.
Spectrum Management
Qwest will provide 2/4 Wire non-loaded Loops, ADSL-compatible Loops
ISDN-capable Loops, xDSL-I-capable Loops , DS1-capable Loops, and DS3-capable
Loops (collectively referred to in this Section 9.6 as "xDSL Loops ) in a non-
discriminatory manner to permit CLEC to provide Advanced Services to its End User
Customers. Such Loops are defined herein and are in compliance with FCC
requirements and guidelines recommended by the Network Reliability and
Interoperability Council (NRIC) to the FCC, such as guidelines set forth in T1-417.
When ordering xDSL Loops, CLEC will provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. CLEC also agrees to ootify Qwest of any
change in Advanced Services technology that results in a change in . spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology will operate if the
technology fits within a generic PSD mask.
CLEC information provided to Qwest pursuant to Section 9.6.2
shall be deemed Confidential Information and Qwest may not distribute, disclose
or reveal, in any form, this material other than as allowed and described in
subsections of 9.
The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9., to legal personnel
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in Qwest's retail marketing, sales or strategic planning.
If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work cooperatively to determine Spectrum
Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s,
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
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services being provided , Qwest shall, whenever it is Technically Feasible, replace its
T1 s with a technology that will eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification , the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours , Qwest will provide CLEC with binder group
information including cable, pair, Carrier and PSD class to allow CLEC to notify the
causing Carrier.
If CLEC is unable to isolate trouble to a specific pair within the binder
group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
Intentionally Left Blank.
9.2.Qwest will not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Qwest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Qwest is ordered to do so by the Commission or other authorized
dispute resolution body. CLEC may submit any claims for resolution under Section 5.
of this Agreement.
Where CLEC demonstrates to Qwest that it has deployed Central Office
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwest's use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under this Agreement.
Subloop Unbundling
Description
An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as 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.
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Such points may include , but are not limited to, the . pole , pedestal , Network Interface
Device, minimum point of entry, single point of Interconnection, Remote Terminal
Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not
have access on an unbundled basis to a feeder subloop defined as facilities extending
from the Central Office to a terminal that is not at the End User Customer s premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of a complete 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 9.
Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form
accessible terminal. Throughout Section 9.3 the Parties obligations around such
MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required , (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring Qwest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilities of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards, or practices necessary to assure the safe and reliable
operation of all Carriers' facilities.
Any Party may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process , those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.1.4 Prior to the development of such standard terms and conditions
Qwest shall impose in the six (6) areas identified in Section 9.2 above, only
those requirements or intervals that are reasonably necessary, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
conditions for access. If there is a dispute regarding the conditions for access
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
1.4.MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Qwest owned building, are not considered
MTE Terminals.
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1.4.Detached Terminals: All accessible terminals other
than MTE Terminals.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
1 . Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a GLEe-requested Field Connection Point (FCP)
has been installed within or adjacent to the Qwest accessible terminal. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Qwest Subloop elements.
Accessing Subloops in MTE Terminals: Subloop unbundling is
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE, during or after an inventory of CLEC's terminations has been created
and CLEC has constructed a cross connect field at the building terminal.
Field Connection Point
1.4.Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Qwest outside of the Central Office location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminal. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required , it must be
in place before Subloop orders are processed. .
1.4.Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation.
1.4.The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.
1.4.To the extent that CLEC places equipment in a
Qwest Premises that requires power and or heat dissipation, such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
1.4.A FCP arrangement can be established either within a Qwest
accessible terminal, or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible , CLEC may place the FCP in an
adjacent terminal. CLEC will have access to the equipment placed within the
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Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
MTE Point of Interconnection (MTE-POI)
A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross connect field at the building terminal that will allow CLEC to
connect its facilities to Qwest's Subloops. The Demarcation Point between
CLEC and Qwest's facilities is the MTE-POI.
Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the Dispute
Resolution provisions of this Agreement, that it is not Technically Feasible, or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminal.
Qwest shall provide access to additional Subloop elements, e.g. copper
feeder, to CLEC where facilities are available pursuant to the Special Request Process
in Exhibit F.
Standard Subloops Available
Distribution Loops
1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest-
provided facility from the Qwest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User Customer location. The Two-
Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type
services. CLEC can obtain access to this Unbundled Network Element at any
Technically Feasible accessible terminal.
2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest-
provided facility without load coils and excess Bridged Taps from the Qwest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User Customer location. When CLEC requests a Non-Loaded
Unbundled Distribution Loop and there are none available , Qwest will contact
CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the
response is affirmative, Qwest will dispatch a technician to "condition" the
Distribution Loop by removing load coils and excess Bridged Taps (Le.
, "
unload"
the Loop). CLEC may be charged the cable unloading and Bridged Taps
removal nonrecurring charge in addition to the Unbundled Loop installation
nonrecurring charge. If a Qwest technician is dispatched and no load coils or
Bridged Taps are removed , the nonrecurring conditioning charge will not apply.
CLEC can obtain access to this Unbundled Network Element at any Technically
Feasible accessible terminal.
Intrabuilding Cable Loop: a Qwest-provided facility from the
building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
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when Qwest owns the intrabuilding cable.1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop pursuant to either
Section 9.1 or 9.3.2.2. A campus environment is one piece of property,
owned by one (1) Person or entity, on which there are multiple buildings.
Intentionally Left Blank.
2.2.Intentionally Left Blank.
3 MTE Terminal Subloop Access: Terms and Conditions
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Qwest owned MTE is done through an MTE-POL Collocation is
not required to access Subloops used to access the network infrastructure within an
MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross
Connect Collocation , as defined in .Section 9.3, refers to creation of a cross connect field
and does not constitute Collocation as defined in Section 8. The terms and conditions of
Section 8 do not apply to Cross Connect Collocation if required at or near an MTE.
To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.5.4.
The optimum point and method to access Subloop elements will be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC will be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest lo rearrange its facilities.
If there is space in the building for CLEC to enter the building and
terminate its facilities without Qwest having to rearrange its facilities , CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Qwest's systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC
requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.5.4.7. Qwest shall have five (5)
calendar Days from receipt of a written request from CLEC, in addition to the interval set
forth in Section 9.5.4., to input the inventory of CLEC's terminations into its systems.
Qwest may seek an extended interval if the work cannot reasonably be completed within
the stated interval. In such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the work. CLEC may dispute
the need for, and the duration of, an extended interval , in which case Qwest must
request a waiver from the Commission to obtain the extended interval. If CLEC submits
a Subloop order before Qwest inputs the inventory into its systems, Qwest shall process
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the order in accordance with Section 9.5.4.
If CLEC connects Qwest's Subloop element to CLEC's facilities using any
temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) calendar Days.
All wiring arrangements, temporary and permanent, must adhere to the National ElectricCode.
If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements , and Qwest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MTE , Qwest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
Qwest's obligation to construct a SPOI is limited to those MTEs where Qwest has
distribution facilities to that MTE and owns , controls, or leases the inside wire at the
MTE. In addition, Qwest shall have an obligation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOL In such instances, CLEC shall pay Qwest a nonrecurring charge, which shall be
1GB , based on the scope of the work required. If CLEC requests that a new SPOI be
established, then CLEC shall pay Qwest a nonrecurring charge that shall be 1GB , based
on the scope of the work required. If the MTE Terminal is hard wired in such a manner
that a network Demarcation Point cannot be created , Qwest will rearrange the terminal
to create a cross connect field and Demarcation Point. Charges for such rearrangement
shall be recovered through recurring termination charges.
If Qwest must rearrange its MTE Terminal to make space for
CLEC, Qwest shall have forty-five (45) calendar Days from receipt of a written
request from CLEC to complete the rearrangement. Qwest may seek an
extended interval if the work cannot reasonably be completed within forty-five
(45) calendar Days. In such cases , Qwest shall provide written notification to
CLEC of the extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for, and the duration of, an extended interval
in which case Qwest must request a waiver from the Commission to obtain an
extended interval.
If Qwest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
CLEC may cancel a request to construct an FCP or SPOI prior
to Qwest completing the work by submitting a written notification via certified mail
to its Qwest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Qwest as well as any costs necessary to restore the
property to its original condition.
At no time shall either Party rearrange the other Party s facilities within the
MTE or otherwise tamper with or damage the other Party s facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
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restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
Detached Terminal Subloop Access: Terms and Conditions
3.4.Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required , a Remote Collocation.
3.4.To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP , CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
3.4.Field Connection Point
3.4.Qwest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Qwest shall allow CLEC
to construct its own structure adjacent to Qwest's accessible terminal. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Qwest rights of way, pursuant to Section 10.8 of this
Agreement) and shall coordinate its facility placement with Qwest, when placing
its facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter
from cities, counties, electric power companies, property owners and similar third
parties , when it seeks to interconnect its equipment at Subloop access points
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
3.4.The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
3.4.CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest will terminate the cable in the
Qwest accessible terminal if termination capacity is available. If termination
capacity is not available, Qwest will expand the FDI at the request of CLEC if
Technically. Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Qwest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminal. It will be the responsibility of Qwest to
seek to resolve obstacles that Qwest may encounter from cities, counties
electric power companies, property owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or rights of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC will be
responsible for placing the cable from the Qwest FCP to its equipment. Qwest
will perform all of the initial splicing at the FCP.
3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to Qwest completing the work by submitting a written notification via
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certified mail to its Qwest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Qwest.
3.4.If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section of this
Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the
Act with the Commission, wherein Qwest shall have the burden to demonstrate
that there is insufficient space in the accessible terminal to accommodate the
FCP, or that the requested Interconnection is not Technically Feasible.
3.4.4 At no time shall either Party rearrange the other Party s facilities within the
accessible terminal or otherwise tamper with or damage the other Party's facilities. If
such damage accidentally occurs , the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
Ordering/Provisioning
All Subloop Types
CLEC may order Subloop elements through the Operational
Support Systems described in Section 12.
CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
Additional Terms for Detached Terminal Subloop Access
CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC
will populate the LSR with the termination information provided at the completion
of the FCP process.
Qwest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect Qwest facilities or attempt to run a jumper between its Subloop
elements and Qwest's Subloop elements without specific written authorization
from Qwest.
5.2.Once the FCP is in place, the Subloop Provisioning intervals
contained in Exhibit C shall apply.
Intentionally Left Blank.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
5.4.CLEC shall notify its account manager at Qwest in writing,
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including via email , of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Qwest shall have up to ten
(10) calendar Days to notify CLEC and the MTE owner whether Qwest believes it
or the MTE owner owns the intrabuilding cable. In the event that there has been
a previous determination of on-premises wiring ownership at the same MTE
Qwest shall provide such notification within two (2) business days. In the event
that CLEC provides Qwest with a written claim by an authorized representative of
the MTE owner that such owner owns the facilities on the End User Customer side
of the terminal, the preceding ten (10) Day period shall be reduced to five (5)
calendar Days from Qwest's receipt of such claim.
5.4.Intentionally Left Blank.
5.4.If the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
5.4.If Qwest owns the facilities on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Qwest must rearrange facilities or construct new facilities to accommodate such
access, CLEC shall notify Qwest Upon receipt of such notification , the intervals
set forth in Section 9.3 shall begin.
5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Qwest's Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop
elements and Qwest's Subloop elements to make a connection at the MTE-POI.
CLEC, at its option, may request that Qwest run the jumper for intrabuilding cable
in MTEs when the inventory is done and a complete LSR has been submitted.
5.4.When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Sub loops in MTE Terminals, it shall adhere to Qwest's Standard MTE
Access Protocol unless the Parties have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Qwest's Standard MTE Access Protocol, Qwest shall
negotiate with CLEC promptly and in good faith toward that end.
5.4.Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when Qwest runs the jumper
the Subloop Provisioning intervals contained in Exhibit C shall apply.
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5.4.For access to Qwest's on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing by
Qwest before securing such access. Qwest shall secure the circuit-identifying
information , and will be responsible for entering it on the LSR when it is received.
Qwest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
FCP Ordering Process
CLEC shall submit a Field Connection Point Request Form to
Qwest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
After construction of the FCP and Collocation are complete
CLEC will be notified of its termination location, which will be used for ordering
Subloops.
The following constitute the intervals for provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
Any Remote Collocation associated with a
FCP in which CLEC will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) calendar Days
from receipt of a written request by CLEC.
If Qwest denies a request for Cross
Connect Collocation in a Qwest Premises due to space limitations,
Qwest shall allow CLEC representatives to inspect the entire
Premises escorted by Qwest personnel within ten (10) calendar
Days of CLECs receipt of the denial of space, or a mutually
agreed upon date. Qwest will review the detailed space plans (to
the extent space plans exist) for the Premises with CLEC during
the inspection , including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
limitations at the Premises make Collocation impractical, Qwest
and CLEC may present their arguments to the Commission. In
addition, if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Cross
Connect Collocation Application date for determining RFS unless
both Parties agree to a revised date.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
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construction activities and payment of the remaining nonrecurring
charge, Qwest will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection , CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Qwest, despite its best effo lis , including notification through the
contact number on the Cross Connect Collocation Application, is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) calendar Days of the RFS, Qwest shall activate
the applicable charges.
Qwest may seek extended intervals if the
work cannot reasonably be completed within the set interval. In
such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for and the duration of, an
extended interval , in which case Qwest must request a waiver
from the Commission to obtain an extended interval.
Rate Elements
All Subloop Types
Subloop Recurring Charge - CLEC will be charged a monthly
recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC.
Subloop Trouble Isolation Charge - CLEC will be charged
Trouble Isolation Charge pursuant to the Access to OSS - Maintenance and
Repair Section when trouble is reported but not found on the Qwest facility.
Intentionally Left Blank.
Additional rates for Detached Terminal Subloop Access:
Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of the Cross Connect Collocation set forth in
Exhibit A upon submission of the Collocation Application. The FCP Request
Form shall not be considered completed in its entirety until complete payment is
submitted to Qwest.
Any Remote Collocation associated with a FCP in which CLEC
will install equipment requiring power and/or heat dissipation shall be in
accordance with the rate elements set forth in Section 8.
Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
9~3.6.4 Additional Rates for MTE Terminal Subloop Access
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6.4.Subloop Nonrecurring Charge - CLEC will be charged a
nonrecurring charge for the time and materials required for Qwest to complete
the inventory of CLEC's facilities within the MTE such that Subloop orders can be
submitted and processed.
6.4.Subloop Nonrecurring Jumper Charge - If CLEC ordered a
Subloop type other than Intrabuilding Cable Loop, CLEC will be charged . a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
Repair and Maintenance
Detached Terminal Subloop Access: Qwest will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
MTE Terminal Subloop Access: Qwest will maintain all of its facilities and
equipment in the MTE and CLEC will maintain all of its facilities and equipment in the
MTE.
Intentionally Left Blank
Network Interface Device (NID)
Description
The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest'
distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is
a single line termination device or that portion of a multiple line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop
facilities to on-premises wiring through Qwest's NID, or at any other Technically Feasible point.
The NID carries with it all features, functions and capabilities of the facilities used to connect the
Loop distribution plant to the End User Customer s premises wiring, including access to the
Cross Connection field , regardless of the particular design of the NID mechanism. Although the
NID provides the connection to the End User Customer s premises wiring, it may not represent
the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends.
The NID contains a protective ground connection that protects the End User Customer s on-
premises wiring against lightning and other high voltage surges and is capable of terminating
media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the
existing drop and Qwest's I\)ID , as well as any on premises wiring that Qwest owns or controls
will remain in place and continue to carry the signal over the End User Customer s on-premises
wiring to the End User Customer s equipment. Notwithstanding the foregoing, an Unbundled
Loop and any Subloop terminating at a NID shall include the existing drop and the functionality
of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer s on-premises inside wiring termination, and a modular plug which connects
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the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
Smart NID - To the extent Qwest has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes , and such devices have spare
functioning capacity not currently used by Qwest or any other provider, Qwest shall
provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at
its option , to use all features and functionality of the Qwest NID including any protection
mechanisms, test capabilities, or any other capabilities now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility on
the NID.
. Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
Terms and Conditions
CLEC may use the existing Qwest NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID , CLEC may connect its NID to the Qwest NID by
placing a cross connect between the two. When Provisioning a NID-to-NID connection
CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID , Qwest will perform the
replacement for the charge described in Section 9.1. If CLEC is a facilities-based
provider up to and including its NID, the Qwest facility currently in place, including the
NID , will remain in place.
Qwest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Qwest, without restriction. Where Qwest does not own or control
the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
Qwest shall allow CLEC to use all features and functionality of
the Qwest NID including any protection mechanisms, test capabilities , or any
other capabilities now existing or as they may exist in the future.1:3 Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer , either Party may remove the inside wire from the
NID and connect that wire to that Party s own NID. Future installation of Qwest
NIDs will be such that it will not unnecessarily impede access to the End User
Customer s wiring. 1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID
connections.
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Upon CLEC request, Qwest will make other rearrangements to
the inside wire terminations or terminal enclosure. Charges will be assessed per
Section 9.3.4. No such charge shall be applicable if Qwest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without an End
User Customer s perceivable disruption in service. Qwest will not make any
rearrangements of wiring that is provided by another Carrier that relocates the
other Carrier s test access point without notifying the affected Carrier promptly
after such rearrangement if CLEC has properly labeled its cross connect wires.
Qwest will retain sole ownership of the Qwest NID and its contents on
Qwest's side. Qwest is not required to proactively conduct NID change-outs, on a wide
scale basis. At CLEC's request, Qwest will change the NID on an individual request
basis by CLEC and charges will be assessed per Section 9.5 except where Section
1 applies. Qwest is not required to inventory NID locations on behalf of CLEC.
When CLEC accesses a Qwest NID, it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross connect wires it uses to provide service. Qwest shall label its terminals when a
technician is dispatched.2.4 All services fed through a protector field in a Qwest NID located inside a
building will interface on an industry standard termination block and then extend , via a
Cross Connection to the End User Customer s in-premises wiring. All services fed
through a protector field in a Qwest NID that is attached to a building will interface on
industry standard lugs or a binding post type of termination and then extend, via a Cross
Connection , to the End User Customer s on-premises wiring.
If so requested by CLEC , Qwest shall allow CLEC to connect its Loops
directly to the protector field at Qwest NIDs that have unused protectors and are not
used by Qwest or any other Telecommunications Carrier to provide service to the
premises. If CLEC accesses the Qwest protector field, it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases,
CLEC shall only access a Qwest NID protector field in cable increments appropriate to
the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at
the MTE NID, additions must be in increments of twenty-five (25) additional metallicpairs. In all cases, Telecommunications cables entering a Qwest NID must be
terminated in compliance with FCC 88-, section 315 of the National Electric Safety
Code and section 800.30 of the National Electric Code.
Rate Elements
If CLEC requests the current simple NID to be replaced with a different
simple NID, pursuant to Section 9., charges will be assessed on a time and
materials basis with CLEC paying only for the portion of the change out that is specific to
and for the functionality that supports CLEC requirements.
Recurring rates for unbundled access to the protector field in a Qwest
NID are contained in Exhibit A of this Agreement and apply pursuant to Section 9.
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As of the Effective Date of this Agreement, Qwest has not implemented charges for this
recurring rate element, but reserves the right to assess such a charge in the future.
When CLEC requests that Qwest perform the work to connect its NID to
the Qwest NID , the costs associated with Qwest performing such work will be charged to
CLEC on a time and materials basis.3.4 Where Qwest makes Section 9.5 rearrangements to the inside wire
terminations or terminal enclosure on CLEC's request, pursuant to Section 9.
charges will be assessed on a time and materials basis.
CLEC will be billed on a time and materials basis for any change out
Qwest performs pursuant to Section 9.2. CLEC will be billed only for the portion of
the change out that is specific to CLEC's request for additional capacity.
Ordering Process
5:4.Intentionally Left Blank.
5.4.CLEC may access a MTE NID after determining that the terminal in
question is a NID , per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by Qwest. CLEC shall tag its jumper wire.
5.4.When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID CLEC shall submit a LSR for
connection to the NID. Qwest shall notify CLEC , within ten (10) business days, if
the connection is not Technically Feasible. In such cases, Qwest shall inform
CLEC of the basis for its claim of technical infeasibility and , at the same time
identify all alternative points of connection that Qwest would support. CLEC shall
have the option of employing the alternative terminal or disputing the claim of
technical infeasibility pursuant to the Dispute Resolution provisions of this
Agreement. No additional verification is needed by Qwest and CLEC shall tag its
jumper wire.
5.4.3 Subject to the terms of Section 9.5.4.2 , CLEC may perform a NID-to-NID
connection , according to Section 9., and access the End User Customer field of the
NID without notice to Qwest. CLEC may access the protector field of the NID by
submitting a LSR.
Maintenance and Repair
If Qwest is dispatched to an End User Customer location on a
maintenance issue and finds the NID to be defective, Qwest will replace the defective
element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and
lines have been removed from the protector field or damaged by CLEC, CLEC will be
responsible for all. costs associated with returning the facilities and lines back to their
original state. Charges for this work will be on a time and materials basis and billed
directly to CLEC. Billing disputes will be resolved in accordance with the Dispute
Resolution process contained in this Agreement. Maintenance and Repair processes
are contained in the Access to OSS Section of this Agreement.
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Unbundled Dedicated Interoffice Transport (UDIT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
Description
Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between Qwest Wire Centers in the
same LATA and state. A UDIT can provide a path between one (1) CLEC's Collocation
in one (1) Qwest Wire Center and a different CLEC's Collocation in another Qwest WireCenter. UDIT is a distance-sensitive flat-rated bandwidth-specific interoffice
transmission path designed to a DSX in each Qwest Wire Center. UDIT is available in
DSO through DS3 bandwidths. CLEC can assign channels and transport its choice of
voice or data. Specifications, interfaces and parameters are described in Qwest
Technical Publication 77389.
Intentionally Left Blank.
Intentionally Left Blank.
Terms and Conditions
Intentionally Left Blank.
Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tier" classifications, as
defined in Section 4of this Agreement, both Wire Centers defining the Route are
Tier 1 Wire Centers. As such , Qwest must unbundle DS1 transport if a Wire
Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
CLEC may obtain a maximum of ten (10) unbundled DS1
dedicated transport circuits on each Route where DS1 dedicat~d
transport is available on an unbundled basis.
Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application of "Tier" classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle DS3
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire
Center.
CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
Qwest shall make available to CLEC a list of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.
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0.4 Qwest shall provide CLEC with unbundled access to dedicated
transport except where it does not connect a pair of Qwest Wire Centers.
All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.9 of this Agreement.
All services provided in this Section 9., when combined with high
capacity Loops , are subject to the Service Eligibility Criteria as provided in
Section 9.10 of this Agreement.
To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs, Qwest will perform requested and
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End . User Customers or for itself. If not ordered as a
combination, CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancillary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLEC orders
a continuous UDIT element from one point to another.
Intentionally Left Blank.
With. the exception of combinations provided through the UNE
Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the
UDIT. Qwest's design will ensure the cable between the Qwest-provided active elements
and the DSX will meet the proper signal level requirements. Channel regeneration will not
be charged for separately for Interconnection between a Collocation space and Qwest'
network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital
Hierarchy - Electrical Interface; Annex 8."
2.4 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Rate Elements
DS1 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
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Unbundled Network Elementsb) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Qwest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating Qwest Wire Centers.
Intentionally Left Blank.d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
Intentionally Left Blank.
DS3 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides an interoffice transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating Qwest Wire Centers.
Intentionally Left Blank.. d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
Intentionally Left Blank.
DSO UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:a) DSO Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 64 Kbps termination. In addition to the fixed rate element, a
per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 64 Kbps between Qwest Wire Centers.
This is a mileage sensitive element based on the V&H coordinates of the DSO
UDIT. The mileage is calculated between the originating and terminating Qwest
Wire Centers.c) DSO Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DSO service.
3.4 Intentionally Left Blank.
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Intentionally Left Blank.
Intentionally Left Blank.
Low Side Channelization (LSC) Charge. A recurring charge for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
Rearrangement rates are contained in Exhibit A of this Agreement.
10 A nonrecurring charge is applied to the conversion of an existing private
line/special access circuit to UDIT.
Ordering Process
6.4.Ordering processes and installation intervals are as follows:
6.4.UDIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of this
Agreement.
6.4.1.2 Intentionally Left Blank.
6.4.The interval will start when Qwest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval will begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C, Section 2.0 of this
Agreement.
6.4.1.4 Subsequent changes to the quantity of services on an existing
order will require a revised order. Also, additional charges apply for the following
modifications to existing orders unless the need for such change is caused by
Qwest:
Service Date changes;
Partial cancellation;
Design change; and
Expedited order.
6.4.An order may be canceled any time up to and including the
Service Date. Cancellation charges will apply except when:a) The original Due Date or GLEe-initiated subsequent Due Date
was, or CLEC has been notified by Qwest that such Due Date will be
delayed ten (10) business days or longer; or
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b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
6.4.Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
6.4.2 UDIT is ordered with basic installation. Qwest will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
6.4.
6.4.4
Intentionally Left Blank.
Intentionally Left Blank.
6.4.Qwest will perform industry standard tests; set forth in Technical
Publication 77389, when installing UDIT service.
6.4.To convert an existing private line/special access circuit to UDIT , CLEC
must submit two (2) ASRs to change the circuit identification, Network Channel Interface
Code (NCI) and billing.
6.4.CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g. Connecting Facility Assignment (CFA)
or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes.
Maintenance and Repair
The Parties will perform. cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
Rearrangement
CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
rearrangements are used to change options or movement of terminations in two (2) Wire
Centers. Rearrangement is only available for in-place and working UDITs.
The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
CLEC will submit an ASR with the rearrange USOC and appropriate
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termination information (e., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
Unbundled Dark Fiber
Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffice transmission facilities.
Description
Unbundled Dark Fiber (UDF) is a deployed , unlit strand or strands of fiber. that connects two (2)
Wire Centers within Qwest's network within the same LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include
all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under
agreements with any other party affiliated or not, that do not prohibit Qwest's ability to provide
access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities
owned by Qwest, but will include in place and easily called into service facilities to which Qwest
has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right
to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner
that is inconsistent with the restrictions and other terms and conditions that apply to Qwest'
access; however, in the case of access obtained from an Affiliate: (a) the actual practice and
custom as between Qwest and the Affiliate shall apply, in the event that it provides broader
access than does any documented agreement that may exist, and (b) any terms restricting access
by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions
imposed by any agreement with a third party from whom the Affiliate has gained rights of access)
shall not be applied to restrict CLEC access.
Terms and Conditions
Qwest shall unbundle dark fiber transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications described in Section 4
of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire
Centers. As such, Qwest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
Qwest shall make a list available to CLEC of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.
7.2.Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. Qwest will provide UDF of substantially the same quality
as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
Qwest provides access to unbundled Dark Fiber at:
Accessible terminations such as fiber distribution panels.
A point of technically feasible access is any point in Qwest's
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outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in the MTE premises. Such points include, but
are not limited to, a pole or pedestal , the network interface device, the minimum
point of entry, the single point of interconnection, and the feeder/distribution
interface.
Intentionally Left Blank.
Qwest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber at both ends, provided
that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will
follow the requirements of Section 9.19 in deciding whether or not to build the facilitiesfur CLEC. 2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one
(1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of available
Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable
segment over a twelve (12) month period. Before CLEC may order additional UDF on
such fiber cable segment , CLEC must demonstrate efficient use of existing fiber in each
cable segment. Efficient use of interoffice cable segments is defined as providing a
minimum of OC-12 termination on each fiber pair. Efficient use of UDF MTE Subloop
fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC
may designate five percent (5%) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
Qwest shall not have an obligation to unbundle Dark Fiber in the following
circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwest's own use. Qwest
shall not reserve more than five percent (5%) of the fibers in a sheath , or two (2)
strands, whichever is greater, for maintenance or maintenance spare for Qwest'own use, b) Qwest will not be required to unbundle Dark Fiber if Qwest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) calendar Days of denying
CLEC's request (by written notice) to unbundle Dark Fiber where such fiber isavailable. In this proceeding, Qwest shall not object to using the most
expeditious procedure available under state law, rule or regulation. Qwest shall
be relieved of its unbundling obligations, related to the specific Dark Fiber at
issue , pending the proceeding before the Commission. If Qwest fails to initiate
such pending proceeding within such seven (7) calendar Day period, CLEC'
request to unbundle Dark Fiber shall be reinstated and the ordering and
Provisioning processes of Section 9.3 shall continue.
Qwest will provide CLECwith access to the deployed Dark Fiber in its
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network in either single-mode or multi-mode. During the inquiry process , Qwest will
inform CLEC of the availability of single-mode and multi-mode fiber.
Specifications, interfaces and parameters for Dark Fiber are described in
Qwest's Technical Publication 77383.
7.2.
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
Intentionally Left Blank.10 Upon thirty (30) calendar Days notification to CLEC, Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission, including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
Intentionally Left Blank.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.13 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the
responsibility of CLEC.
Intentionally Left Blank.
15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.17 Qwest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the
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date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one (1) termination point of the
UDF , and CLEC shall furnish light generating equipment at the other termination point of
the UDF as described below:
17.CLEC may identify on its order the Wire Center at which Qwest
must provide a light detector and the Wire Center at which CLEC will provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC
will provide the light generating equipment.
17.Intentionally Left Blank.
7.2.17.Intentionally Left Blank.
18 If, within ten (10) Days of the date Qwest provisioned an order for UDF
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383 , and ifthe trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of a CLEC disconnect order, Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI , FVQP and Field Verification and will
discontinue all recurring charges.
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Ordering Processes
Ordering processes and installation intervals are as follows:
The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF.
CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
Qwest will notify CLEC, within the interval set forth in Exhibit C
of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is
not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC'
request pursuant to Section 9.5(b). Qwest shall provide written notice of
denials pursuant to (iii) above.
If there is UDF available, the UDF simple inquiry response and
the complex inquiry response will contain up to five (5) available UDF routes
between the GLEe-specified end locations. If additional routes are available
Qwest will notify CLEC that such additional routes exist and negotiate how that
additional information will be made available.
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CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, GLEC must have
obtained preliminary APOT address information (CFA - Connecting Facility Assignment)
for its network Demarcation Points in each Qwest Wire Center where the UDF
terminates prior to placing an order for UDF. When preliminary APOT has been
established and delivered to CLEC, Qwest can begin processing the UDF Provisioning
order upon receipt of the UDF Provisioning request. If the preliminary APOT address is
changed by CLEC , a new Provisioning time line for UDF must be established.
Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible.
access is not Technically Feasible on the MTE Premises, then GLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. Qwest will prepare and submit to CLEC a quote along with the
original Field Verification Quote Preparation form (FVQP) within the interval set
forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and will include
costs and an interval in accordance with Exhibit C.
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Termination at Qwest Wire Center. If spare fiber is available
and CLEC chooses to proceed , and the request is for UDF terminations at a
Qwest Wire Center, Qwest will begin the Provisioning process upon notification
from CLEC to proceed and the receipt of fifty percent (50%) of the nonrecurring
charges. The notification to proceed is accomplished by completing, signing and
returning the original inquiry request to the account manager. Provisioning
intervals for this type of request are set forth in Exhibit C. CLEC will be notified
that Provisioning is complete and the remaining nonrecurring charges and
associated recurring charges will be billed.3.4 An order may be canceled any time up to and including the Service Date.
Cancellation charges will apply in accordance with Exhibit A.
CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space, CLEC must place an inquiry pursuant to Section 9.1 of this
Agreement and receive a UDF inquiry response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a field verification
that the route to be reserved is available. If CLEC does not obtain a field verification
CLEC assumes the risk that records upon which the UDF inquiry response are based
may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days.
CLEC must contact Qwest to extend or renew reservations if there is delay in completion
of the Collocation build. All applicable UDF recurring charges specified in Section
2 will be assessed at the commencement of the reservation. Nonrecurring charges
for Provisioning and cross connects will be assessed at the time of installation.
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Maintenance and Repair
7.4.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
7.4.If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest
UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
Rate Elements
Dark Fiber rates are contained in Exhibit A of this Agreement and include
the following elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order
work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) Qwest Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than Qwest Wire Centers. Qwest will prepare a quote
which will explain what work activities, timeframes, and additional costs, including
recurring and non-recurring costs, are associated with providing access to this
FDP location. This quote will be good for thirty (30) calendar Days. The FVQP is
not necessary when the request is between Qwest Wire Centers (Le., simple
IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF that
has been reserved after a Field Verification has been performed , then the charge
for FVQP will be reduced by the amount of the Engineering Verification charge
assessed in the context of the reservation.c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
The following rate elements (contained in Exhibit A) are used once the
availability of UDF has been established and CLEC chooses to access UDF.
Unbundled Dark Fiber - Single Strand - IOF Rate Elements
UDF-IOF Termination (Fixed) Rate Element. This rate element
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is a recurring rate element and provides a termination at the interoffice
FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply
per cross connect provided on the facility. Termination charges apply for
each intermediate office terminating at an FDP or like cross connect
point.
b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This
recurring rate element applies per strand. This rate element provides a
transmission path between Qwest Wire Centers. This rate element is
mileage sensitive based on the route miles of the UDF rounded up to the
next mile.
c) UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC'
order for UDF-IOF.
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2.4
Per Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route
2.4.This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location. See Exhibit A.
Unbundled Dark Fiber- Order Charge, Each Additional
Strand/Route , Per Order.
This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request. See Exhibit A.
Unbundled Dark Fiber per Pair - IOF Rate Elements
1 UOF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination at the
interoffice FDP within the Qwest Wire Center. Two UDF-IOF terminations
apply per pair at each end of the facility. Termination charges apply for
each intermediate Central Office terminating at an FOP or like cross
connect point. See Exhibit A.
UDF-IOF Fiber Transport, (Pair) Rate Element. This
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rate element is a recurring component and applies per pair. This rate
element provides a transmission path between Qwest Wire Centers. The
recurring component of this rate element is mileage sensitive based on
the route miles of the UDF rounded up to the next mile. See Exhibit A.
7 UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend the
optical connection from the IOF FOP to CLEC's optical Demarcation Point. A
minimum of two (2) UDF-IOF fiber cross connects apply per pair. Cross connect
charges apply for each intermediate Central Office terminating at an FDP or like
cross connect point. The nonrecurring rate will not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF. See Exhibit A.
Order.
Unbundled Dark Fiber - Order Charge, First Pair/Route, Per
This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location. See Exhibit A.
Unbundled Dark Fiber - Order Charge, Each Additional
Pair/Route , Per Order, Location , Request.
This rate element is the nonrecurring component assessed
. for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for the same CLEC. See Exhibit A.
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18 Additional Unbundled Elements
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CLEC may request non-discriminatory access to and, where appropriate, development of
additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
Construction Charges
Qwest will assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Qwest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space for access to or use of UNEs.
When Qwest constructs to fulfill CLEC's requestfor UNEs, Qwest will bid this construction on a
case-by-case basis. Qwest will charge for the construction through nonrecurring charges and a
term agreement for the remaining recurring charge, as described in the Construction Charges
Section. When CLEC orders the same or substantially similar service available to Qwest End
User Customers, nothing in this Section shall be interpreted to authorize Qwest to charge GLEC
for special construction where such charges . are not provided for in a Tariff or where such
charges would not be applied to a Qwest End User Customer.
19.Qwest reserves the right to determine if Qwest will undertake requested
construction. Some circumstances under which Qwest will reject a construction request
include , but are not limited to, if it is determined that the requested element will
jeopardize the reliability of Qwest's existing network, endanger Qwest's employees or
consumers, is not consistent with the National Electrical Code (NEC), or does not meet
Network Equipment Building Standards (NEBS) requirements. If Qwest agrees to
construct a network element, the following will apply.
19.CLEC may request that Qwest construct new facilities for use in
providing services offered as Unbundled Network Elements (UNEs) using the CLEC-
Requested Unbundled Network Elements Construction (CRUNEC) method. CRUNEC is
not required for requests that can be resolved through facility work or assignments.
CRUNEC is not available for requests for facilities that are not offered as UNEs.
Qwest's CRUNEC applies to the following Wholesale products and services:
Enhanced Extended Loop (EEl)
Unbundled Subloop
Unbundled Dark Fiber (UDF)
Unbundled Dedicated Interoffice Transport (UDIT)
Unbundled Local Loop
19.To make a request for construction of facilities, CLEC must submit
a CRUNEC request by contacting the Qwest service manager.
19.Rates for CRUNEC
19.A Records Quote Preparation Fee (RQPF) applies, and is a
nonrecurring charge assessed prior to preparation of a Records Quotation, which
is a high level overview and estimate of the cost of construction. This
construction estimate is based on records only and is not binding on Qwest.
Credit in the amount of the RQPF will be applied to the Construction QuotePreparation Fee that is described below.
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19.The Construction Quote Preparation Fee (CQPF) is a
nonrecurring charge assessed prior to preparation of the CRUNEC quotation.
The CRUNEC quotation provides the amount CLEC will pay should it agree to
pursue construction. Credit in the amount of the CQPF will be applied to the cost
of construction if CLEC accepts the quoted CRUNEC price and agrees to pursue
construction.
19.CLEC may choose to first receive a Records Quotation, or
may choose to forego the Records Quotation and pay the CQPF for the
CRUNEC quotation, at any time after receiving notification that facilities
are not available to complete a service request.
19.Qwest will retain the CQPF if CLEC chooses not to proceed with
the construction. At any point after remitting payment for construction, if CLEC
decides to begin but then to discontinue construction, Qwest will refund the
Construction payment, excluding expenditures already incurred by Qwest for
work completed (including work Engineered, Furnished and/or Installed (EF&I)).
Qwest will provide a brief description of work completed.
19.EF&I is defined as:
Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
Furnished material cost
Installation labor costs to complete the work order
19.3.4 The amount of the CRUNEC quotation is determined using the
same financial analysis criteria, and costs to recover for EF&I , that Qwest uses to
assess whether to build the equivalent facilities for itself.
19.Rates are included in Exhibit A to this Agreement.
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Unbundled Network Element Combinations
23.1 General Terms
23.Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
23.Qwest will offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
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and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest will make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combinations accessed by CLEC, except as specified in this Agreement or required byExisting Rules.
23.Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Qwest is required to unbundle and/or provide in a UNE Combination , shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, state laws, or the Bona Fide Request process, CLEC may
identify and request that Qwest furnish additional or revised UNEs to the extent
required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure to
list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE
subsequently defined by the FCC or the state Commission.
23.CLEC may Commingle UNEs and combinations of UNEs with
wholesale services and facilities (e., switched and special access services
offered pursuant to Tariff), and request Qwest to perform the necessary functions
to provision such Commingling. CLEC will be required to provide the Connecting
Facility Assignment (CFA) of CLEC's network demarcation (e., Collocation or
multiplexing facilities) for each UNE, UNE Combination , or wholesale service
when requesting Qwest to perform the Commingling of such services. Qwestshall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwest's network with access services. All requests
for combinations and Commingling will be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
with another UNE provided by Qwest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwest's Directory Assistance and operator
services platforms.
23.When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
23.1.4 When ordered in combination, Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwest's network, provided that facilities are available.
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23.When ordered in combination , Qwest will combine for CLEC UNEs that
are not ordinarily combined in Qwest's network , provided that facilities are available andsuch combination:
23.Is Technically Feasible;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.Would not impair Qwest's use of its network.
23.When ordered in combination , Qwest will combine CLEC UNEs with
Qwest UNEs, provided that facilities are available and such combination:
9.23.Is Technically Feasible;
23.Shall be performed in a manner that provides Qwest access to
necessary facilities;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.6.4 Would not impair Qwest's use of its network.
23.Intentionally Left Blank.
23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: EEL
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination , CLEC may request access through the Special Request Process set forth in this
Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement
without requiring an amendment to this Agreement, provided that all of the UNEs included in the
combination request, and their associated Billing rate elements are contained in this Agreement.
If Qwest develops additional UNE Combination products CLEC can order such products
without using the Special Request Process, but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
23.3 Terms and Conditions
23.Qwest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
of a UNE Combination Qwest provides; as well as the access provided to that UNE
Combination, will be equal between all Carriers requesting access to that UNE
Combination; and, where Technically Feasible , the access and UNE Combination
provided by Qwest will be provided in "substantially the same time and manner" to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
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23.Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation.
subject to the terms of Section 9.
23.Service Eligibility Criteria in Section 9.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 unbundled dedicated interoffice transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibility Criteria in Section 9.10.
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23.11 CLEC may request the conversion of an existing
private line/special access Service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
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1. Qwest will provide CLEC with conversions to EELs according to
the standard intervals set forth in Exhibit C. Work performed by Qwest to
provide Commingled EELs at CLEC's request or to provide services that
are not subject to standard provisioning intervals will not be subject to
performance measures and remedies, if any, contained in this Agreement
or elsewhere, by virtue of that service inclusion in a requested
Commingled EEL service arr~ngement Provisioning intervals applicable
to services included in a requested Commingled service arrangement will
not begin to run until CLEC provides a complete and accurate service
request, necessary CFAs to Qwest, and Qwest completes work required
to provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
9.23.11.Intentionally Left Blank.
23.12 EEL is a combination of Loop and dedicated
interoffice transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
23.12.Terms and Conditions
9.23.12.Intentionally Left Blank.
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23.12.4 EEL combinations consist of Loops and
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from a CLEC
Collocation in a Wire Center other than the Serving Wire Center of
. the Loop. When multiplexing is requested, EEL may consist of
Loops and interoffice transport of different bandwidths
(multiplexed EEL).
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23.12.Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
address: http://www.qwestcom/carrier/guides/siglindex.htmi .
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23.12.EEL is available only where existing
facilities are available.
23.12.Rearrangements may be requested for
work to be performed by Qwest on an existing EEL, or on some
private line/special access circuits, when coupled with a
conversion-as-specified request to convert to EEL.
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23.Ordering
23.Intentionally Left Blank.
23.CLEC will submit EEL orders using the LSR process.
23.Qwest will install the appropriate channel card based on the
DSO EEL Loop LSR order and apply the charges.
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23.One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
23.Rate Elements
23.EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO , DS1 , and DS3 bandwidths. Recurring and nonrecurring
charges as described in Exhibit A apply.
23.EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Qwest Wire Centers. EEL Transport is available in
DSO, DS1 , and DS3 bandwidths. Recurring charges as described in Exhibit A
apply.
23.EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges set forth in Exhibit A apply.
23.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop
or DSO Unbundled Loop connected to a 1/0 Multiplexer. Channel Cards are
available for Analog Loop Start, Ground Start, Reverse Battery, and
Signaling.
23.Intentionally Left Blank.
23.A rearrangement nonrecurring charge as described in Exhibit A
may be assessed on some requests for work to be performed by Qwest on an
existing EEL , or on some private line/special access circuits , when coupled with
a conversion-as-specified request to convert to EEL.
23.10 CLEC may request access to and, where appropriate, development of
additional UNE Combinations. For UNEs Qwest currently combines in its network
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
Qwest does not currently combine, CLEC must use the Bona Fide Request Process
(BFR). In its BFR or SRP request, CLEC must identify the specific combination of
UNEs, identifying each individual UNE by name as described in this Agreement.
23.Intentionally Left Blank.
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9.23.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges , and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
23.13 For installation of new UNE Combinations, CLEC will not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
23.Intentionally Left Blank.
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23.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason , CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User Customers. Qwest shall
only be required to notify CLEC of Qwest's termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
23.17 CLEC , or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales, service design , order
taking, Provisioning, change orders, training, maintenance , trouble reports, repair, post-
sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest will be instructed to contact CLEC , and Qwest's End User Customers contacting
CLEC will be instructed to contact Qwest. In responding to calls, neither Party shall
make disparaging remarks about each other. To the extent the correct provider can be
determined , misdirected calls received by either Party will be referred to the proper
provider of local Exchange Service; however, nothing in this Agreement shall be deemed
to prohibit Qwest or CLEC from discussing its products and services with CLEC's or
Qwest's End User Customers who call the other Party seeking such information.
23.4 Rates and Charges
23.4.The rates and charges for the individual Unbundled Network Elements
that comprise UNE Combinations are contained in Exhibit A for both recurring and
nonrecurring application.
23.4.1.Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered. Rates are contained in Exhibit A.
23.4.Nonrecurring charges, if any, will apply based upon the cost to
Qwest of Provisioning the UNE Combination and providing access to the UNE
Combination. These nonrecurring charges, if any, are described in Exhibit A.
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23.4.If the Commission takes .any action to adjust the rates previously ordered
Qwest will make a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Qwest, the Parties will abide by the adjusted rates on a
going-forward basis, or as ordered by the Commission.
23.4.CLEC shall be responsible for Billing its End User Customers served over
UNE Combinations for all Miscellaneous Charges and surcharges required of CLEC by
statute, regulation or otherwise required.
23.4.4 Intentionally Left Blank.
23.4.Intentionally Left Blank.
23.4.Qwest shall have a reasonable amount of time to implement system or
other changes necessary to bill CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
23.5 Ordering Process
23.UNE Combinations and associated products and services are ordered via
an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement
and in the PCAT. The following is a high-level description of the ordering process:
23.Intentionally Left Blank.
23.1.2 Intentionally Left Blank.
23.Step
representative.
Complete product questionnaire with account team
23.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team representative.
23.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Qwest Billing system.
23.Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
23.Additional information regarding the ordering processes are
located at: http://www.qwestcom/wholesale/solutions/clecFacility/une html.
23.Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement
9.23.Standard service intervals for each EEL are set forth in Exhibit C. For
UNE Combinations with appropriate retail analogues, CLEC and Qwest will use the
standard Provisioning interval for the equivalent retail service. CLEC and Qwest can
separately agree to Due Dates other than the standard interval.
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23.5.4 Due Date intervals are established when Qwest receives a complete and
accurate Local Service Request (LSR) or Access Service Request (ASR) made through
the IMA, EDI or Exact interfaces or through facsimile. For EEL and all other UNE
Combinations, the date the LSR or ASR is received is considered the start of the service
interval if the order is received on a business day prior to 3:00 p.m. For EEL and all
other UNE Combinations, the service interval will begin on the next business day for
service requests received on a non-business day or after 3:00 p.m. on a business day.
Business days exclude Saturdays, Sundays, New Year Day, Memorial Day,
Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day.
9.23.Intentionally Left Blank.
23.Intentionally Left Blank.
23.For UNE Combinations CLEC shall provide Qwest and Qwest shall
provide CLEC with points of contact for order entry, problem resolution, repair, and in the
event special attention is required on service request.
23.6 Billing
23.Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten
(10) calendar Days of the last day of the most recent Billing period, in an agreed upon
standard electronic Billing format, Billing information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
23.7 Maintenance and Repair
23.Qwest will maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other
than by connection or disconnection to any interface between Qwest and the End User
Customer, without the written consent of Qwest.
23.8 Loop-Mux Combination (LMC)
23.Description
23.Loop-mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 of this Agreement (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL TISA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same Qwest Wire Center.
23.LMC provides CLEC with the ability to access End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.
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23.Qwest offers the LMC Loop as a billing conversion or as new
provisioning.
23.8.2 Terms and Conditions
23.1. An Extended Enhanced Loop (EEL) may be commingled with the
PL T/SA multiplexed facility.
23.
available.
LMC Loops will be provisioned where existing facilities are
23.
Collocation.
The PL T/SA DS1 or DS3 multiplexed facility must terminate in
23.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and billing) of the appropriate Tariff.
23.The multiplexer and the Collocation must be located in the same
Qwest Wire Center.
23.Rearrangements may be requested for work to be performed by
Qwest on an existing LMC Loop, or on some private line/special access circuits
when coupled with a cbnversion-as-specified request to convert to LMC Loop.
23.Rate Elements
23.The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply.
23.DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges as set forth in
Exhibit A.
23.Nonrecurring charges for billing conversions to LMC Loop are
set forth in Exhibit A.
23.3.4 A rearrangement nonrecurring charge as described in Exhibit A
may be assessed on some requests for work to be performed by Qwest on an
existing LMC Loop, or on some private line/special access circuits, when coupled
with a conversion-as-specified request to convert to LMC Loop.
23.Ordering Process
23.8.4.Ordering processes for LMC Loop(s) are contained in this
Agreement and in Qwest's Product Catalog (PCAT). The following is a high-level
description of the ordering process:
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23.8.4.Step 1: Complete product questionllaire for LMC Loop(s)
with account team representative.
23.8.4.Step 2: Obtain billing account number (BAN) through
account team representative.
23.8.4.Step 3: Allow tWo (2) to three (3) weeks from Qwest's
receipt of a completed questionnaire for accurate loading of LMC rates to
the Qwest billing system.
9.23.8.4.1.4 Step 4: After account team notification , place LMC Loop
orders via an LSR.
23.8.4.Prior to placing an order on behalf of each End User Customer
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
23.8.4.Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at www.qwest.com/whoiesale.
23.8.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business Day prior to 3:00 p.
For LMC Loops , the service interval will begin on the next business Day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business Days exclude Saturdays, Sundays, New Year s Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
23.Billing
9.23.Qwest shall provide CLEC , on a monthly basis, within seven to ten
(7 to 10) calendar Days of the last day of the most recent billing period , in an
agreed upon standard electronic billing format, billing information including (1) a
summary bill, and (2) individual End User Customer sub-account information.
23.Maintenance and Repair
23.Qwest will maintain facilities and equipment for LMC Loops
provided under this Agreement. Qwest will maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange
move, disconnect or attempt to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest and the End User
Customer, without the prior written consent of Qwest.
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24 Loop Splitting
24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provid~d
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffic and allows the
copper Loop to be used fqr simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" will herein be referred to as the voice service
provider while "DLEC" will be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity.
24.With regard to Qwest's current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop.
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
24.2 Terms and Conditions
24.General
24.Qwest is not responsible for providing the Splitter, filter(s) and/or
other equipment necessary for the End User Customer to receive separate voice
and data service across a single copper Loop.
9.24.To order Loop Splitting, CLEC/DLEC must have a Splitter
installed in the Qwest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Office equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
24.There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop.
24.1.4.The Customer of Record will be able to request
conditioning of the Unbundled Loop. Qwest will perform . requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
24.1.4.If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it
unacceptable to CLEC, Customer of Record shall pay to convert back to
an analog Loop.
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24.Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of this Agreement. Under
either option , Splitters will be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, Qwest shall use the
same length of tie pairs as it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection , which
required for Loop Splitting.
24.3 Rate Elements
The following Loop Splitting rate elements are contained in Exhibit A of this Agreement.
24.Recurring Rates for Loop Splitting
24.Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
24.OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
24.Nonrecurring Rates for the Loop Splitting
24.Basic Installation Charge for Loop Splitting - A nonrecurring
charge for Loop Splitting installed will apply.
24.Nonrecurring Rates for Maintenance and Repair
24.Trouble Isolation Charge - A nonrecurring charge for trouble
isolation will be applied in accordance with the Access to OSS - Maintenance
and Repair Section.
24.Additional Testing - The Customer of Record may request
Qwest to perform additional testing, and Qwest may decide to perform the
requested testing on a case-by-case basis. A nonrecurring charge will apply in
accordance with Exhibit A.
24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement.
24.All of these rates are interim and will be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A will
be changed to reflect the interim rates set by the Commission; however, no true up will
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
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24.4 Ordering Process
24.4.Loop Splitting
24.4.As a part of the pre-order process , CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section. The Customer of Record will determine, in its sole
discretion and at its risk, whether to add data services to any specific UnbundledLoop.
24.4.1.2 The Customer of Record will provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest will
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
24.4.Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
24.4.The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
24.4.If the voice service is disconnected on a Loop Splitting
arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
24.5 Billing
24.Qwest shall provide a bill to the Customer of Record, on a monthly basis
within seven (7) to ten (10) calendar Days of the last day of the most recent Billing
period , in an agreed upon standard electronic Billing format.
24.Qwest shall bill the Customer of Record for all recurring and nonrecurring
Loop Splitting rate elements.
24.6 Repair and Maintenance
24.Qwest will allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the Splitter.
24.The Customer of Record will be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each will be responsible for maintaining its equipment. The entity that
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controls the Splitters will be responsible for their maintenance.
24.3 Qwest, CLEC and DLEC will continue to develop repair and maintenance
procedures for Loop Splitting and agree to document final agreed to procedures in a
methods and procedures document that will be made available on Qwest's web site.
24.Customer of Record and Authorized Agents
24.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. Qwest will bill the Customer of Record for Loop Splitting. The
Customer of Record may designate an authorized agent pursuant to the terms of
sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair
functions.
24.In order for the authorized agent of the Customer of Record to perform
ordering and/or Maintenance and Repair functions, the Customer of Record must
provide its authorized agent the necessary access and security devices, including but
not limited to user identifications , digital certificates and SecurlD cards, that will allow the
authorized agent to access the records of the Customer of Record. Such access will be
managed by the Customer of Record.
24.The Customer of Record shall hold Qwest harmless with regard to any
harm Customer of Record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other Person. who
has obtained from the Customer of Record the necessary access and security devices
including but not limited to user identifications, digital certificates and SecurlD cards , that
allow such Person to access the records of the Customer of Record unless such access
and security devices were wrongfully obtained by such Person through the willful or
negligent behavior of Qwest.
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Ancillary Services
Section 10.0 - ANCILLARY SERVICES
10.Interim Number Portability
10.1 Description
10.Interim Number Portability (INP) service is an arrangement that allows an
End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest.
For the purposes of this section , the Party porting traffic to the .other Party shall be
referred to as the "INP Provider" and the Party receiving INP traffic for termination shall
be referred to as the "INP Requestor.
1 0.INP applies to those situations where an Ehd User Customer elects to
transfer to a New Service Provider and such End User Customer also wishes to retain its
existing telephone number. INP consists of INP Provider provision to the INP
Requestor the capability to route calls placed to telephone numbers assigned to the INP
Provider s Switches to the INP Requestor s Switches. INP is available only for working
telephone numbers assigned to the INP Provider s End User Customers who request to
transfer to the INP Requestor s service. Local Interconnect Service (LIS) is required for
INP.
10.INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an End Office Switch or through a Tandem Switch
also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local
Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX)
to CLEC's Switch if the NXX Code is used solely for one (1) End User Customer.
10.1.4 Remote Call Forwarding (RCF)
10.1.4.RCF permits a call to an INP Provider s assigned telephone
number to be translated to the INP Requestor s dialable local telephone number.
With the RCF solution, a permanent RCF is established in Qwest's Switch
forwarding any incoming call to the telephone number assigned and maintained
in CLEC's Switch.
10.1.4.INP via RCF also requires office equipment (OE), on a per
telephone number basis. The INP Requestor will need to provide a forecast of
deployment sites and estimated quantities of ported telephone numbers to assist
in an assessment of available porting methods. Each request for INP via RCF
will be analyzed by the Infrastructure Availability Center, lAC, to determine if OE
is available.
10.Direct Inward Dialing (DID)
DID permits incoming calls to be ported to the INP Requestor s Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic
between Qwest's End Office Switch and CLEC's End Office Switch. The traffic on these
trunks cannot overflow to other trunks. In addition , inter-Switch signaling for DID is
limited to multi-frequency (MF). This precludes passing the Calling Line ID to CLEC'
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End Office Switch. With DID, because there is no SS7 capability, there are CLASS
feature limitations. For DID, the INP Provider will deliver the dialed telephone number to
the INP Requestor s Central Office.
10.Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor s End Office Switch via a
route index. A permanent route index is assigned to the End User Customer s ported
telephone number in the INP Provider s End Office Switch. The INP Provider will deliver
the dialed seven digit telephone number to the INP requestor s Central Office. INP
Requestor may terminate the call as desired. Additional capacity for simultaneous call
forwarding is available where Technically Feasible. The INP Requestor will need to
specify the number of simultaneous .calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to
establish technical requirements for routing the ported calls.
10.2 Terms and Conditions
10.Qwest and CLEC will provide INP service in a non-discriminatory manner
and with as little impairment of functioning, quality, reliability and convenience
possible.
10.2.2 Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.The Parties shall provide INP on a reciprocal basis to each other to the
extent Technically Feasible, and in accordance with rules and regulations as, from time
to time , prescribed by the FCC and/or the Commission.
10.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission , the Parties agree to provide INP to each other through
RCF, DID , DNRI and NXX migration. Local Interconnect Service (LIS) is required forINP.
10.Once Local Number Portability has been implemented within a Wire
Center, INP will no longer be available for ordering within that Wire Center.
10.Upon LNP implementation, the INP offerings will be withdrawn subject to
advance notice to the other Party. Both Parties will conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.The INP Requestor s designated INP End Office Switch must return
answer and disconnect supervision to thelNP Provider s End Office Switch.
10.The INP Requestor will provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned , ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibility of the INP Requestor. For
consistency in administration, the INP Requestor shall enter into a separate agreement
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with the E911 database provider.
10.Qwest will update its Line Information Database (LIDB) listings for ported
telephone numbers as directed by CLEC. Qwest will restrict or cancel calling cards
associated with these ported telephone numbers. LIDB updates shall be completed by
the Parties on the same business day each INP arrangement is activated.
10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor s End User Customers located within the INP Provider s Local Calling
Area and toll rating area that is associated with the NXX Code of the ported telephone
number.
10.1.2.11 INPis applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the INP Provider.
10.12 Only the existing INP Provider assigned End User Customer telephone
number may be used as a ported telephone number for INP.
10.13 An INP telephone number must be active and assigned to an End User
Customer to accommodate INP.
10.14 INP services shall not be re-sold , shared or assigned by either Party to
another LEC or CLEC.
10.15 INP is not offered for NXX Codes 555, 976, 960 , and coin telephones
and Service Access Codes (Le., 500, 700, 8XX, 900). INP is not available for Feature
Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP
telephone numbers may not be used for mass calling events.
10.16 The ported telephone number will be returned to the End Office Switch
which originally had the ported telephone number when the End User Customer
disconnects service from the INP Requestor. The INP Requestor shall not retain it and
reassign it to another End User Customer. The normal intercept announcement will be
provided by the INP Provider for the period of time until the telephone number is
reassigned by the INP Provider.
10.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.18 NXX Migration , or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the NXX
Code is used solely for one (1) End User Customer. Where one Party has activated an
entire NXX Code for a single End User Customer, or activated a substantial portion of an
NXX Code for a single End User Customer with the remaining telephone numbers in that
NXX Code either reserved for future use or otherwise unused, if such End User
Customer chooses to receive service from the other Party, the first Party shall cooperate
with the second Party to have the entire NXX Code reassigned to an End Office Switch
operated by the second Party through the NANP administrator. In addition , both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables , etc.
).
Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
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appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXX Codes from one End Office
Switch to another. Other applications of NXX Code migration will be discuss~d by the
Parties as circumstances arise.
10.Ordering
10.Both Parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.CLEC may order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for Interim Number Portability:
Number of Lines Interval
Simple (1 FR/1 FB)
49 lines
50 or more lines
3 business days
1GB
Complex (PBX Trunks/lSDN)
8 lines or trunks
16 lines or trunks
17-24 lines or trunks
25 or more lines or trunks
5 business days
6 business days
7 business days
1GB
Centrex
10 lines
11-20 lines
21 or more lines
5 business days
10 business days
1GB
Out of Hours Conversions
Any quantity 1GB
10.3.4 Qwest will provide FOCs to CLECs within a reasonable time, no later than
48 hours after receipt of complete and accurate orders for regular POTS or simple
business End User Customers. The FOC interval for all other complex orders will be
within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for 1GB orders will reflect an 1GB FOC date.
10.For purposes of this Section, Qwest's normal business hours are 7:00
m. to 7:00 p., local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 a.m. as a normal business hour Monday through Friday.
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Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.
normal business hours shall be considered an out of hours cut.
10.CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours will be proactively
managed by Qwes~ to ensure that the Frame Due Time is met.
10.Out of Hours Cut
10.1 Out-of-hours cuts permit CLEC to select either a coordinated or
non-coordinated cut for INP service outside of Qwest's normal business hours.
For planning purposes, CLEC shall provide Qwest with a forecast of out-of-hours
coordinated cuts at least two weeks prior to CLEC placing an order in a particular
state. Forecasts should include the anticipated Frame Due Times and volumes
to be ported out of hours.
10.CLEC shall request out of hours cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR, CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.The date and time for the coordinated cut may need to be
negotiated between Qwest and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibility of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT will require additional time. In the event that this situation would occur
Qwest will negotiate with CLEC to provide the FOC within a reasonable time
frame.
10.7.4 Non-Coordinated Out of Hours Cut
10.7.4.CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1 :00 a.m. FDT (Due Date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut
occurs between the hours of 1 :00 a.m. and 7:00 a., with the cut
completed by 7:30 a.m. of that Day (if the requested date is a business
day, or by 7:30a.m. of the next business day).
10.7.4.Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accomplished during the
business day prior to the cut.
10.7.4.CLEC will not incur additional charges for non-
coordinated out of hours cuts.
10.Coordinated Out of Hours Cut
10.CLECs shall request a coordinated out of hours cut
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by submitting a LSR and designating the requested FDT.
10.Out of hours coordinated cuts will be managed by a
Qwest project manager. Coordination of this effort requires an up-front
internal planning session. Any changes to the original FDT will be
negotiated with CLEC and will occur prior to issuing an FOC.
10.
out of hours cuts.
CLEC will incur additional charges for coordinated
10.End User Customer Impacts
10.The INP Requestor is responsible for all dealings with and on
behalf of its End User Customers, including all End User Customer account
activity (e., End User Customer inquiries and complaints).
10.Each Party is responsible for obtaining a Proof of Authorization
from its End User Customers who request a transfer of the End User Customer
telephone number from the other Party.
10.The INP Provider will work cooperatively with the INP Requestor
to ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e., Loops).
10.8.4 If an End User Customer requests transfer of service from the
INP Requestor back to the INP Provider, the INP Provider may rely on that End
User Customer request to institute cancellation of the INP service. The INP
Provider will provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service , and will work cooperatively with the INP Requestor to
ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e., Loops).
10.The INP Requestor will submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestor s End User Customers. Qwest will provide an electronic interface for
the purpose of ordering INP service. This interface may be accomplished by
either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange).
10.4 Maintenance and Repair
10.1.4.CLEC is responsible for its own End User Customers and will have the
responsibility for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC will be instructed to report all cases of trouble to their
Service Provider.
10.1.4.CLEC and Qwest will provide to their respective End User Customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest will provide their repair contact telephone numbers to one another ona
reciprocal basis.
10.1.4.Qwest will work cooperatively with CLEC to resolve trouble reports when
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the trouble condition has been isolated and found to be within a portion of the Qwest
network. Qwest will perform standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by
GLEC.
10.1.4.4 The trouble ticket will be closed by the functional group that corrected the
trouble. This group will also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes will be entered to the trouble ticket.
10.Rate Elements
10.INP Rate Elements
In accordance with Commission requirements, Qwest recovers an appropriate allocation
of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per
Commission Orders, a true-up will be completed semi-annually. The true-up is a
mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quantities during the year. The Parties will comply with the FCC rules
and Commission decisions on cost recovery for Interim Number Portability. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.In accordance with Commission requirements, Qwest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
Code assigned to CLEC. Per Commission Orders, a true-up will be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Qwest's overtime rate, time and one-half rates for timeframes outside of Qwest'
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Qwest's overtime
premium rate, which is double time. Overtime rates will be multiplied by the
number of Qwest personnel actively participating in the cut, multiplied by the
number of hours required for the cut. Exhibit A of this Agreement contains
overtime rates for coordinated out of hours cuts.
10.Qwest will schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC.
such information requires modification during the cut and, as a result
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.Switched Access Revenues. Qwest will comply with the FCC and
Commission rules regarding the sharing of terminating Switched Access revenues.
Once the End Office Switch is converted to long term number portability (LNP), CLEC
has the ability to directly bill the Interexchange Carrier, and no sharing of terminating
Switched Access revenues is required.
10.The Switched Access rate elements are identified in Qwest'
Switched Access Tariff.
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10.2.2 Qwest will use ARMIS data to determine the average Minutes of
Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis.
10.5.2.The number of lines to be used in determining the amount of
terminating Switched Access will be extracted from the Qwest corporate data
warehouse once each month. This database contains billed information for
posted orders.
10.2.4 The calculation of the terminating Switched Access charges
along with the appropriate data for the preceding month will be provided to CLEC
to support the payment. Qwest will pay the pass through amounts to CLEC
within one month. Disputes will be processed as though this credited amount
were a billed amount under this Agreement.
10.Local Number Portability
10.1 Description
10.Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location , existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. Qwest will allow
CLEC to port telephone numbers for its End User Customers in the same manner as
Qwest ports telephone numbers for Qwest End User Customers. CLEC may port
telephone numbers into and out of Qwest End Office Switches on behalf of an End User
Customer using the FCC rules and industry guidelines as described in the following
Sections.
10.1.2 Qwest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each End Office Switch is assigned a unique ten-digit LRN, the first six
digits of which identify the location of that End Office Switch. The LRN technology is a
triggering and addressing method which allows the re-homing of individual telephone
numbers to other End Office Switches and ensures the proper routing of calls to ported
telephone numbers through the use of a database and the signaling network. The LRN
solution interrupts call processing through the use of an Advanced Intelligent Network.
(AIN) trigger, commonly referred to as the LRN trigger. During this interruption , a query
is launched to the LNP database in the signaling network and the call is re-addressed
using the LRN information for the ported telephone number. The LRN will route the call
to the proper End Office Switch destination. The actual routing of the call with either the
dialed telephone number, for calls to non-ported telephone numbers, or the LRN , for
calls to ported telephone numbers, observes the rules, protocols and requirements of the
existing Public Office Dialing Plan (POOP).
10.2 Terms and Conditions
10.Qwest will provide Local Number Portability (LNP), also known as long-
term number portability, in a non-discriminatory manner in compliance with the FCC'
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group and
the Industry Numbering Committee ' (INC) of the Alliance for Telecommunications
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Industry Solutions (ATIS). Unless specifically excluded in Section 10., all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry s non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18 , 1998).
10.Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
status for future deployment will be identified in the Local Exchange Routing Guide
(LERG).
10.In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption, pursuant to Unbundled Loop
provisions identified in Section 9 of this Agreement. CLEC will coordinate with Qwest for
the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User
Customer s service to Qwest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Qwest's Unbundled Loop
offering, CLEC may order the LNPmanaged cut, as described in Section 10.5.4.
10.2.4.Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection , that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA'
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.4.Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group s guidelines. Qwest will routinely send a concurrence message
within the time frames established by the industry.
10.The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and
976 NXX number services).
10.After an End Office Switch becomes equipped with LNP, all NXXs
assigned to that End Office Switch will be defined as portable, to the extent Technically
Feasible, and translations will be changed in each Party s Switches so that the portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
will also be defined as portable in all LNP-capable End Office Switches that have direct
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trunks to the End Office Switch associated with the portable NXX.
10.Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.2.At the time of porting a telephone number via LNP from Qwest, Qwest
shall ensure that the LlDB entry for that telephone number is de-provisioned. if the QwestLlDB is not being used by CLEC.
10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
10.11 NXX Migration , or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused, if such End User Customer chooses to
receive service from the other Party, the first Party shall cooperate with the second Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables , etc.). Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Office Code AdminiStration guidelines)
for movement of NXXs from one End Office Switch to another. Other applications of
NXX migration will be discussed by the Parties as circumstances arise.
10.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (All) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.13 Porting of Reserved Numbers. The End User Customers of each Party
may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port
telephone numbers previously reserved by the End User Customer via the appropriate
retail Tariffs until these reservations expire. Qwest will reserve telephone numbers in
accordance with the FCC's rules.
10.2.2.14 Limits on Subscriber Relocation. Qwest and CLEC agree that an End
User Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the New Service Provider; provided , however, that the Current
Service Provider may require that the End User Customer s relocation at the time of the
port to the New Service Provider be limited to the geographic area represented by the
NXX of the ported telephone number. The Current Service Provider may not impose a
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relocation limitation on the New Service Provider or the New Service Provider
subscribers that is more restrictive than that which the Current Service Provider would
impose upon its own subscribers with telephone numbers having the same NXX as the
telephone number(s) being ported. In addition, the Current Service Provider may not
impose any restrictions on relocation within the same Rate Center by a ported End User
Customer while that End User Customer is served by the New Service Provider.
10.3 Service Management System
10.Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party s Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.4 Database and Query Services
10.2.4.The LNP database provides the call routing information used by Qwest'
End Office Switches and Tandem Switches to route CLEC's End User Customer s calls
to a ported telephone number or to terminate calls to CLEC's End User Customers using
a ported telephone number. Qwest shall perform default LNP queries where CLEC is
unable to perform its own query. CLEC shall perform default LNP queries where Qwest
is unable to perform its own query. Qwest query services and charges are defined in
FCC Tariff #5, including End Office and Tandem Switch Default Query Charges which
are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges
which are contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shall query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the call to any other Switch. Prior to the first telephone number in a
NXX being ported via LNP at the request of CLEC, Qwest may query all calls directed to
the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided
that .Qwest queries shall not adversely affect the quality of service to CLEC's End User
Customers as compared to the service Qwest provides its own End User Customers.
10.2.4.3 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNPquery but
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
requested in a NXX.
10.2.4.4 On calls originating from a Party s network, the Party will populate, if
Technically Feasible , the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
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10.2.4.Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
Customer. Qwest shall update its LNP database from the NPAC SMS data within fifteen
(15) minutes of receipt of a download from the NPAC SMS.
10.5 Ordering
10.2.Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated LNP forms. CLEC may order LNP either
manually or through an electronic interface. The electronic gateway solution for ordering
service is described in Section 12 of this Agreement.
10.Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (mountain time) are considered the next business day. The
following service intervals have been established for LNP:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX
Trunks, ISDN
Centrex)
5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of the
Agreement.
10.Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when Qwest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Qwest's normal business hours for LNP, Qwest will have personnel available
in the repair center to assist in the event that CLEC experiences problems during the
cut. In addition , Qwest allows CLEC to request a managed cut on a 24 X 7 basis
those situations where a cut would otherwise have been flow-through, but where CLEC
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has a business need to have Qwest personnel dedicated to the cut. The terms and
conditions for managed cuts are described in 10.5.4.
10.Qwest will set the ten (10) digit unconditional trigger for
telephone numbers to be ported , unless technically infeasible, by 11 :59 p.
(local time) on the business day preceding the scheduled port date. (A 10-digit
unconqitional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required , at no charge.) The ten (10)
digit unconditional trigger and End Office Switch translations associated with the
End User Customer s telephone number will not be removed , nor will Qwest
disconnect the End User Customer s Billing and account information, until 11 :59
m. (local time) of the next business day after the Due Date. CLEC is required
to make timely notifications of Due Date changes or cancellations by 8:00 p.
(mountain time) on the Due Date through a supplemental LSR order. In the
event CLEC does not make a timely notification CLEC may submit a late
notification to Qwest as soon as possible but in no event later than 12:00 p.
(mountain time) the next business day after the Due Date to Qwest'
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted , Qwest agrees to use its best efforts to ensure that the End
User Customer s service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation , no
disruption of the Enq User Customer s existing service. Late notifications must
be made by calling Qwest's Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.5.4 LNP Managed Cut With GLEe-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
10.5.4.The date and time for the managed cut requires up-front
planning and may need to be coordinated between Qwest and CLEC. All
requests will be processed on a first come, first served basis and are subject to
Qwest's ability to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same End Office Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing
the Firm Order Confirmation (FOC). In special cases where a FDT must be
agreed upon , the interval to reach agreement will not exceed two (2) days. In
addition, standard intervals will apply.
10.5.4.CLEC shall request a managed cut by submitting a Local
Service Request (LSR) and designating this order as a managed cut in the
remarks section of the LSR form.
10.5.4.CLEC will incur additional charges for the managed cutdependent upon the FOT. The rates are based upon whether the request is
within Qwest's normal business hours or out of hours. Qwest's normal business
hours are 7:00 a.m. to 7:00 p., End User Customer local time , Monday through
Friday. The rate for managed cuts during normal business hours is the standard
rate. The rate for managed cuts out of hours, except for Sundays and Holidays,
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is the overtime rate. Sundays and Holidays are at premium rate.
10.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (~) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for
managed cuts.
10.5.4.Qwest will schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and, as a
result, non-scheduled employees are required, CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee.
the cut is either cancelled, or supplemented to change the Due Date, within
twenty-four (24) hours of the negotiated FDT CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Qwest
error or a new Due Date is requested by Qwest within twenty-four (24) hours of
the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
10.5.4.In the event that the LNP managed cut conversion is not
successful , CLEC and Qwest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Qwest. If Qwest is in error
no supplemental order or additional order will be required of CLEC.
10.5.4.Qwest shall ensure that any LNP order activity requested in
conjunction with a managed cut shall be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation
ensuring that the End User Customer s Qwest Loop will not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
10.6 Maintenance and Repair
10.Each Party is responsible for its own End User Customers and will havethe responsibility for resolution of any service trouble report(s) from its End User
Customers. End User Customers will be instructed to report all cases of trouble to their
Current Service Provider.
10.Each Party will provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party will
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.Qwest will work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Qwest network, Qwest will perform standard tests and isolate and repair the
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trouble within twenty-four (24) hours of receipt of the report.
10.6.4 Qwest will proactively test new Switch features and service offerings to
ensure there are no problems with either the porting of telephone numbers or calls from
Qwest End User Customers to CLEC End User Customers with ported telephone
numbers or vice versa.
10.7 Rate Elements
10.Qwest will comply with FCC and Commission rules on cost recovery for
Local Number Portability.
10.911/E911 Service
10.1 Description
10.911 and E911 provides an End User Customer access to the applicable
emergency service bureau , where available , by dialing a 3-digit universal telephone
number (911
10.Automatic Location IdentificationlData Management System (ALlIDMS).
The ALl/DMS database contains End User Customer information (including name
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the call. The ALl/DMS database is used to provide
more routing flexibility for E911 calls than Basic 911.
10.Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange End Office Switches that serve a geographic area. E911 provides
additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data
contained in the ALlIDMS, to determine to which Public Safety Answering Point (PSAP)
to route the call.
10.2 Terms and Conditions
10.Qwest will provide nondiscriminatory access to the same Basic 911 or
Enhanced 911 features, functions and s~rvices that Qwest provides to its End User
Customers. E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Qwest provides to its End User
Customers for such similar functionality.
10.In counties where Qwest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.
10.
services.
Qwest shall conform to all state regulations concerning emergency
10.2.4 Qwest shall route E911 calls to the appropriate PSAP.
10.Each Party will be responsible for those portions of the 911 system for
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which it has total control , including any necessary maintenance to each Party s portion of
the 911 system.
10.Qwest will provide CLEC with the identification of the Qwest 911
controlling office that serves each geographic area served by CLEC.
10.Qwest will provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC's End User Customer dials "0" instead of "911"It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Qwest with each PSAP prior to offering 911 calls or publication of such data.
10.If a third party is the primary service provider to a county, CLEC will
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and Qwest makes no representations on behalf of the third party.
10.If CLEC is the primary service provider to the county, CLEC and Qwest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Qwest for the 911 call delivery.
10.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.13 Neither Party will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.14 Qwest's designated E911 database provider, an independent third party,will be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.E911 Database Updates
10.CLEC exchanges to be included in Qwest's E911 Database will beindicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.2 Qwest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. Qwest, or its designated
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database provider, will provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule will be provided and charged on an
Individual Case Basis. The data will be provided in computer readable format. Qwest
shall provide CLEC access to the Master Street Address Guide at a level of accuracy
and reliability that is equivalent to the access Qwest provides to itself.
10.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.Qwest will ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliability that Qwest maintains for Qwest's own
End User Customers.
10.3.4.For Selective Routing table updates, facilities-based CLECs will negotiate
directly with Qwest's database provider for the input and validation of End User
Customer data into the Qwest Automatic Location Identification (All) database. CLEC
will negotiate directly with the PSAP (or PSAP agency s) DMS/ALI provider for input of
End User Customer data into the All database. In most cases the Selective Routing
table updates and the All database will be managed by the same provider. CLEC
assumes all responsibility for the accuracy of the data that CLEC provides for MSAG
preparation and E911 Database operation.
10.3.4.If it is facilities-based , CLEC will provide End User Customer data to
Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended
Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any
variations to NENA recommendations required for All database input.
10.3.4.4 If it is facilities-based, CLEC will provide End User Customer data to
Qwest's database provider for Qwest's All database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, All Service Providers and 9-1 Jurisdictions standard format, as specified byQwest.
10.3.4.If it is facilities-based , CLEC will update its End User Customer records
provided to Qwest's database provider for Qwest's All database to agree with the 911
MSAG standards for its service areas.
10.3.4.6 Qwest's E911 database administrator, an independent third party, shall
resolve failed Local Number Portability migrate records in accordance with the NENA
standard, NENA-02-011 Sections 228.1-, for Qwest records where Qwest is the donor
company as defined in the NENA standard. The Qwest E911 database administrator
will compare CLEC's (Le., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portability Administration Center s (NPAC)
database once each business day to determine if the migrate record (Le., ported
telephone number) has been activated by the recipient company. If the migrate record
has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate
record processed. If, at the end of ten (10) business days , the NPAC database does not
show the migrate record as activated or the record owner identification does not match
the migrate record will be rejected. The E911 database administrator will send reports
regarding CLEC's failed migrate records (Le., 755 error code) and rejected migrate
records (Le., 760 error code) to CLEC or CLEC's designated database administrator.
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Qwest's E911 database administrator will also resolve failed migrate records for CLEC , if
valid based on the NPAC database.
10.5 E911 Database Updates for Resale Based CLECs
10.For resold services, Qwest, or its designated database provider, will
provide updates to the All database in a manner that is at the same level of accuracy
and reliability as such updates are provided for Qwest's End User Customers. For
resold accounts, CLEC shall provide Qwest with accurate End User Customer location
information to be updated to the ALI/DMS database. Qwest shall use its current process
to update and maintain End User Customer information in the All/OMS database.
10.6 E911 Database Accuracy
10.E911 Database accuracy shall be measured jointly by the PSAPs and
Qwest's database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwest's database provider when relevant and will indicate
incidents when incorrect or no All data is displayed. The reports provided to CLEC shall
contain GLEe-specific information regarding CLEC's accounts.
10.Each discrepancy report will be jointly researched by Qwest and CLEC.
Corrective action will be taken immediately by the responsible Party.
10.Each Party providing updates to the E911 database will be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Party from any claims,
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
10.6.4 Qwest and its vendor will provide non-discriminatory error correction for
records submitted to the Automatic Location Identification (All) database. For resold
accounts, if vendor detects errors , it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact Qwest for error resolution. For errors referred to
Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the
case of facilities-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
10.7 E911 Interconnection
10.If required by CLEC, Qwest shall interconnect direct trunks from CLEC'
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks will be provided on a non-
discriminatory basis. Qwest shall provide special protection identification for CLEC 911
circuits in the same manner as Qwest provides for its 911 circuits.
10.The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Office to each Qwest 911/E911 Selective Router (Le., 911
Tandem Office) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
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911/E911 circuits, if facilities are available. When Qwest facilities are available,
Qwest will comply with diversity of facilities and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event of
failures , Qw.estshall make that alternate routing available to CLEC.
10.911 Interconnection Trunk Groups must be, at a minimum, DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones . that will deliver Automatic
Number Identification (ANI) with the voice portion of the call , or Signaling System
7 (SS7) if available (Le., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTYfTDDs).
10.Qwest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Qwest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC will be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to CLEC's demarcation.
Qwest will be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Qwest repair service includes
testing and diagnostic service from a remote location, dispatch of or in-person
visit(s) of personnel. Where an on-site technician is determined to be required, a
technician will be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifying Qwest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest'
network. The Parties agree that 911 network problem resolution will be managed
in an expeditious manner at all times.
10.For GLEe-identified 911 trunk blockages, Qwest agrees to take corrective
action using the same trunking service procedures used for Qwest's own E911 trunk
groups.
10.The Parties will cooperate in the routing of 911 traffic in those instances
where the All/ANI information is not available on a particular 911 call.
10.7.4 For facilities-based CLEC using its own switch(es), Qwest shall provide
911 Interconnection , including the provision of dedicated trunks from CLEC End Office
Switch to the 911 control office, at Parity with what Qwest provides itself.
10.For CLEC's resale local exchange lines, Qwest shall provide access to
the same 911 trunks used for Qwest's retail End User Customers which extend from the
Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC
access to such 911 trunks shall be on a shared , non-discriminatory basis.
10.E911 and Number Portability
10.When a Qwest telephone number is ported out, receiving CLEC shall be
responsible to update the ALI/DMS database. When a CLEC telephone number is
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ported in , Qwest shall be responsible to update the ALlIDMS database.
10.When Remote Call Forwarding (RCF) is used to provide number
portability to the End User Customer and a remark or other appropriate field information
is available in the database , the shadow or "forwarded-" number and an indication that
the number is ported shall be added to the End User Customer record by CLEC.
10.Public Switch/Automatic Location Identification (PS/ALI) Service
10.PS/ALI Description
10.Private Switch/Automatic Location Identification (PS/ALI)
Service provides End User Customers using a private telephone Switch, such as
Private Branch Exchanges (PBXs) and some Centrex/Centron, with the Selective
Routing and/or Automatic Location Identification (SR/ALI) feature(s) of E911 for
individual telephone stations served by the PBX or Centrex/Centron. The PS/ALI
capability allows for the storage and retrieval of Automatic Location Identification
and/or the Selective Routing of that call to the appropriate Public Safety
Answering Point (PSAP).
10.2 CLEC's PS/ALI End User Customer systems are viewed as a
Serving Wire Center within the E911 network. The Automatic Number
Identification (ANI) generated by the PBX/Centrex/Centron will be read
processed, and utilized as if it were a typical End Office Switch. The E911 SR
will route the E911 PS/ALI call to the appropriate PSAP based on the ANI
received, or the default Emergency Service Number (ESN). Upon receipt of the
information, the PSAP forwards the ANI information to the All database over an
existing data network, where it is then used to retrieve the stored station name
address and location information. The PSAP monitor then displays the station
address and location information for handling by the emergency responsepersonnel.
10.The PS/ALI capability consists of the All database updates and
transport of PS/ALI calls to an E911 SR or to the appropriate PSAP.
10.PS/ALI Terms and Conditions
10.PS/ALI service is only available in areas where E911 is currently
supported. PS/ALI is not available with Basic 911 service.
10.CLEC or CLEC's PS/ALI End User Customer is responsible for
establishing and maintaining the E911. database records for the
PBX/Centrex/Centron. CLEC or CLEC's PS/ALI End User Customer shall
provide the PBX/Centrex/Centron All information to Qwest's designated E911
database provider. PS/ALI information includes the name, address and location
information for each station behind the PBX/Centrex/Centron. Qwest does not
guarantee or confirm the accuracy of End User Customer provided information.
10.When the station user dials 911 , the PBX/Centrex/Centron must
be able to recognize the digits as a complete dialing code. (In some systems, it
may be necessary to dial a single digit network access code before dialing 911
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Le., dial "9" to make a call outside of the private Switch prior to dialing 911). The
PBX/Centrex/Centron must provide a full seven (7) digit numbering system and
the associated ANI for every station within the private Switch. If the seven (7)
digit telephone number is not dialable , CLEC's PS/ALI End User Customer
responsible to identify the associated call back telephone number to be
populated in the database. PS/ALI Service is not available with Digital Switched
Service (DSS). PS/ALI is available over Primary Rate Interface (PRI) trunks.
CLEC's PS/ALI End User Customer uses Integrated Service Digital Network -
Primary Rate Interface (ISDN-PRI) to provide PS/ALI, special Centralized
Automatic Accounting (CAMA) trunks are not required.
10.2.4 For PS/ALI resold service CLEC shall meet the terms and
conditions for Qwest's PS/ALI retail product.
10.PS/ALI Database Updates
10.1 Qwest's designated E911 database provider, an independent
third party, will be responsible for maintaining the PS/ALI E911 database.
Qwest's E911 database provider will provide CLEC's PS/ALI End User Customer
with the specific PC based PS/ALI software requirements to access and update
the All database with their station name, address and location information.
10.2 CLEC's PS/ALI End User Customer will provide the input and
validation of station data directly into the All database. CLEC's PS/ALI End User
Customer will provide station data to Qwest's All database provider that is
Master Street Address Guide (MSAG) valid and utilizes National Emergency
Number Association (NENA) guidelines. PS/ALI follows the NENA-02-010
Recommended Formats and Protocols For All Data Exchange, NENA-02-011
Recommended Data Standards for Local Exchange Carriers (LEC), All Service
Providers, and 911 Jurisdictions. Qwest will furnish CLEC with any variations to
NENA recommendations required for PS/ALI database input.
10.9.4 PS/ALI Database Accuracy
10.9.4.PS/ALI database accuracy shall be measured jointly by the
PSAPs and Qwest's database provider. The reports shall be forwarded to CLEC
or CLEC's PS/ALI End User Customer by Qwest's database provider when
relevant and will indicate incidents when incorrect or no All data is displayed.
The responsible Party will take corrective action immediately.
10.9.4.Each Party providing PS/ALI updates to the E911 database will
be responsible for the accuracy of its records.
10.PS/ALllnterconnection
10.1 Facilities-based CLEC using its own switch(es) shall
interconnect direct trunks from CLEC's network to the PSAP or the E911 tandem
(Selective Router), in accordance with the terms and conditions identified in
E911 Interconnection If technically capable , CLEC may route PS/ALI calls
over CLEC's existing E911 Interconnection trunks. In some instances technical
requirements may necessitate provisioning dedicated PS/ALI CAMA trunks
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between either CLEC's Switch and the E911 Selective Router or PSAP or
between CLEC's PS/ALI End User Customer PBX/Centrex/Centron and the E911
Selective Router or PSAP. In these instances the dedicated PS/ALI ES CAMA
trunks must comply with the terms and conditions of standard E911
Interconnection.
10.For reseller CLEC, CLEC's PS/ALI End User Customer
required to install a minimum of two (2) trunks for each main location listed where
the PBX/Centrex/Centron resides on an End User Customer s premises to the
911 system. The dedicated PS/ALI ES CAMA trunks will comply with the terms
and conditions of standard E911 Interconnection. PS/ALI service is available in
some Qwest End Office Switches over PRI trunks. If CLEC's PS/ALI End User
Customer uses ISDN PRI to provide PS/ALI, special CAMA trunks are not
required. Dedicated circuits are not required for Centron service.
10.PS/ALI Rate Elements
10.Rates and charges for PS/ALI service will be assessed based
on CLEC's specific requirements. Both nonrecurring and monthly recurring rates
may be applicable as shown in Exhibit A. Rate elements for PS/ALI include
charges for establishing the service account with the E911 database provider
trunks, transport, Selective Routing, and All service features , storage and
retrieval.
10.PS/ALI Ordering
10.
Ordering
Facilities-based CLEC Using its Own Switch(es) - PS/ALI
10.Once all critical information has been obtained and
agreed upon in the PS/ALI joint planning meeting, CLEC's PS/ALI
Interconnection arrangement will determine the ordering process to be
followed. If CLEC is planning on routing PS/ALI traffic over an existing
E911 ES trunk group, and capacity exists to handle the additional PS/ALI
traffic, CLEC will not be required to issue any changes to the existing
E911 Interconnection arrangement. If CLEC determines that a new
dedicated PS/ALI ES trunk group is required to route PS/ALI traffic from
CLEC Switch to the Qwest SR, CLEC will follow the process outlined in
the PCAT E911 ordering section.
10.All service features may be ordered from Qwest or
directly from the third party database provider. If ordering from Qwest
CLEC will use the ASR process. If ordering directly from the third party
provider, CLEC will need to establish service with the third party provider
for the PS/ALI update, storage and retrieval capability.
10.Resale - PS/ALI Ordering
10.Orders for Resold PS/ALI are submitted using the
Local Service Ordering Guidelines (LSOG) and should be placed via the
Interconnect Mediated Access Graphical User Interface (IMA GUI) or
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Interconnect Mediated Access Electronic Data Interexchange (IMA EDI).
10.PS/ALI Billing
10.Upon completion of implementation of the PS/ALI service
Qwest will initiate PS/ALI nonrecurring and recurring Billing.
10.White Pages Directory Listings
10.1 Description
White Pages Listings Service (Listings) consists of Qwest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Qwest's Listings database, based on End
User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End
User Customer Listings as noted below.
10.2 Terms and Conditions
10.4.CLEC will provide in standard format, by mechanized or by manual
transmission to Qwest, its primary, premium and privacy Listings. Qwest will accept one
(1) primary Listing for each main telephone number belonging to CLEC's End User
Customers at no charge.
10.4.CLEC will be charged for premium Listings (e., additional, foreign
cross-reference) and privacy Listings (Le., nonlisted and nonpublished) at Qwest'
General Exchange Listing Tariff rates, less the wholesale discount, as described
Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General
Exchange Tariffs.
10.4.2.Information on submitting and updating Listings is available in "Facility
Based CLECs and Reselier/Unbundled Network CLECs Directory Listings User
Document." Qwest will furnish CLEC the Listings format specifications. Directory
publishing schedules and deadlines for Qwest'official directory publisher will be
provided to CLEC.
10.4.2.4 If CLEC provides its End User Customer s Listings to Qwest CLEC
grants Qwest access to CLEC's End User Customer Listings information for use in its
Directory Assistance Service, and for other lawful purposes , except that CLEC's Listings
supplied to Qwest by CLEC and marked as nonpublished or non listed Listings shall not
be used for marketing purposes subject to the terms and conditions of this Agreement.
Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance
Database. Qwest will incorporate CLEC's End User Customer Listings information in all
existing and future Directory Assistance applications developed by Qwest. Should
Qwest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or
other transaction , this access grant automatically terminates.
10.4.CLEC End User Customer Listings will be treated the same as Qwest'
End User Customer Listings. Prior written authorization from CLEC, which authorization
may be withheld . shall be required for Qwest to sell, make available, or release CLEC'
End User Customer Listings to directory publishers, or other third parties other than
Directory Assistance providers. No prior authorization from CLEC shall be required for
Qwest to sell, make available, or release CLEC's End User Customer Directory
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Assistance Listings to Directory Assistance providers. Listings shall not be provided or
sold in such a manner as to segregate End User Customers by Carrier. Qwest will not
charge CLEC for updating and maintaining Qwest's Listings databases. CLEC will not
receive compensation from Qwest for any sale of Listings by Qwest as provided for
under this Agreement.
. 10.4.To the extent that state Tariffs limit Qwest's liability with regard to Listings
the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of
Liability section of this Agreement with respect to Listings only.
10.4.Qwest is responsible for maintaining Listings including entering,
changing, correcting, rearranging and removing Listings in accordance with CLEC
orders.
10.4.2.Qwest provides non-discriminatory appearance and integration of white
pages Listings for all CLEC's and Qwest's End User Customers. All requests for white
pages Directory Listings , whether CLEC or Qwest End User Customers, follow the same
processes for entry into the Listings database.
10.4.Qwest will take reasonable steps in accordance with industry practices to
accommodate nonpublished and non listed Listings provided that CLEC has supplied
Qwest the necessary privacy indicators on such Listings.
10.4.10 CLEC white pages Listings will be in the same font and size as Listings
for Qwest End User Customers, and will not be separately classified.
10.4.11 Qwest processes for publication of white pages Directory Listings will
make no distinction between CLEC and Qwest subscribers. CLEC Listings will be
provided with the same accuracy and reliability as Qwest's End User Customer Listings.
Qwest will ensure CLEC Listings provided to Qwest are included in the white pages
directory published on Qwest's behalf using the same methods and procedures, and
under the same terms and conditions, as Qwest uses for its own End User Customer
Listings.
10.4.12 Qwest shall ensure its third party publisher distributes appropriate
alphabetical and classified directories (white and yellow pages) and recycling services to
CLEC End User Customers at Parity with Qwest End User Customers, including
providing directories a) upon establishment of new service; b) during annual mass
distribution; and c) upon End User Customer request.
10.4.13 CLEC shall use commercially reasonable efforts to ensure that Listings
provided to Qwest are accurate and complete. All third party Listings information
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Qwest, including End User Customer requested
restrictions on use, such as nonpublished and non listed restrictions.
10.4.Intentionally Left Blank.
10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding Listings and for supplying Qwest with the applicable Listing
information.
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10.4.16 CLEC agrees to provide to Qwest its End User Customer names
addresses and telephone numbers in a standard mechanized or manual format, as
specified by Qwest.
10.4.17 CLEC will supply its ACNAICIC or CLCC/OCN , as appropriate, with each
order to provide Qwest the means of identifying Listings ownership.
10.4.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession, Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.19 Qwest will provide monthly Listing verification proofs that provide the data
to be displayed in the published white pages directory and available on Directory
Assistance. Verification proofs containing nonpublished and non listed Listings are also
available upon request on the same monthly schedule.
10.4.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy
of the Listings to be included in the white pages directory and Directory Assistance.
10.4.2.21 CLEC may review and if necessary edit the white page Listings prior to
the close date for publication in the directory.
10.4.22 CLEC is responsible for all dealings with , and on behalf of, CLEC's End
User Customers, including:
10.4.22.All End User Customer account activity (e., End User
Customer queries and complaints);
10.4.22.2 All account maintenance activity (e., additions, changes
issuance of orders for Listings to Qwest);
10.4.22.Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to Qwest does not contain a privacy
indicator, no privacy restrictions will apply); and
10.4.22.4
Customers.
Any additional services requested by CLEC's End User
10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, Qwest will provide subscriber list information gathered in
Qwest's capacity as a provider of local Exchange Service on a timely basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations
with GLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Qwest and CLEC will enter into a written contract if
agreement is reached for such use.
10.4.23.Qwest shall use commercially reasonable efforts to ensure that
its retail End User Customer Listings provided to CLEC are accurate and
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complete. Any third party Listings are provided AS IS, WITH ALL FAULTS.
Qwest further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.
10.4.2.24 Qwest represents and warrants that any arrangement for the publication
of white pages Directory Listings with an Affiliate or contractor, reql,lires such Affiliate or
contractor to publish the Directory Listings of CLEC contained in Qwest'Listings
database so that CLEC's Directory Listings are non-discriminatory in appearance and
integration , and have the same accuracy and reliability that such Affiliate or contractor
provides to Qwest's End User Customers.
10.4.25 Qwest further agrees that any arrangements for the publication of white
pages Directory Listings with an Affiliate or contractor shall require such Affiliate or
contractor to include in the customer guide pages of the white pages directory, a notice
that End User Customers should contact their Current Service Provider to request any
modifications to their existing Listing or to request a new Listing.
10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the
publication of white pages Directory Listings shall require such Affiliate or contractor to
provide CLEC space in the Customer guide pages of the white pages directory for the
purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2)
contact repairservice; (3) dial Directory Assistance; (4) reach an account representative;
(5) request buried cable locate service; and (6) contact the special needs center for End
User Customers with disabilities.
10.3 Rate Elements
The following rate elements apply to White Pages Listings and are contained in Exhibit A of this
Agreement.
10.4.Primary Listings; and
10.4.Premium/Privacy Listings.
10.4 Ordering Process
10.4.4.Qwest provides training on white page Listings requests and submission
processes. The ordering process is similar to the service ordering process.
10.4.4.CLEC Listings can be submitted for inclusion in Qwest white pages
directories according to the directions in the QwestListings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCA T
(http://www.qwest.com/whoiesale/pcat/) or will be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCAT.
10.4.4.CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI , IMA-GUI , or fax.
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10.Directory Assistance
10.1 Description
10.Directory Assistance Service is a telephone number, voice Information
Service that Qwest provides to its own End User Customers and to other
Telecommunications Carriers. Qwest provides CLEC non-discriminatory access to
Qwest's Directory Assistance centers, services and Directory Assistance Databases.
There are three (3) forms of Directory Assistance Services available pursuant to this
Agreement -- Directory Assistance Service, Directory Assistance List Services, and
Directory Assistance Database Service. These services are available with CLEC-
specific branding, generic branding and Directory Assistance Call Completion Link
options. Qwest will provide CLEC with non-discriminatory access to its Directory
Assistance Service. Directory Assistance Service is provided to CLEC for resale with
resold local exchange lines at the wholesale discount as described in Exhibit A.
Directory Assistance Service is provided to CLEC as a facilities-based provider pursuant
to Section 251 (b)(3) of the Act. As such , the pricing requirements of Section 252(d)(1) of
the Act are not applicable. Directory Assistance Service shall be provided to CLEC as a
facilities-based provider at the rates described in Exhibit A.
10.Directory Assistance Service. The published and non-listed
telephone numbers provided within the relevant geographic area are those
contained in Qwest's then current Directory Assistance Database.
10.Local Directory Assistance Service -- Allows CLEC'
End User Customers to receive published and non-listed telephone
numbers within the caller s NPAILATA geographic areas , whichever is
greater.
10.1.2 National Directory Assistance Service -- Allows
CLEC's End User Customers to receive Listings from Qwest's Local
Directory Assistance Database and from the database of the National
Directory Assistance Services vendor selected by Qwest. National
Directory Assistance Service includes Local Directory Assistance Service.
10.Call Branding Service - Allows CLEC's End User
Customers to receive the service options listed in 10.1 and
10.2 branded with the brand of CLEC, where Technically Feasible
or with a generic brand. Call Branding announces CLEC's name
CLEC's End User Customer at the start and completion of the call. Call
Branding is an optional service available to CLEC.a) Front End Brand - Announces CLEC's name to CLEC'End User Customer at the start of the call. There is a
nonrecurring charge to setup and record the Front End Brand
message.
b) Back End Brand - Announces CLEC's name to CLEC'
End User Customer at the completion of the call. There is a
nonrecurring charge to setup and record the Back End Brand
message.
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c) There is a nonrecurring charge to load CLEC's branded
message in each Switch.
Qwest will record CLEC's branded message.
10.1.4 Call Completion Link allows CLEC's End User
Customers calls to be returned to CLEC for completion on CLEC'
network, where available. There isa recurring charge per call.
10.1.2 Directory Assistance List Service -- Directory Assistance List
Service is the access to Qwest's Directory Listings for subscribers within Qwest'
fourteen (14) states for the purpose of providing Directory Assistance Service to
its local exchange End User Customers subject to the terms and conditions of
this Agreement. See Section 10.6 for terms and conditions relating to the
Directory Assistance List Services.
10.If CLEC elects to build its own Directory Assistance
Service, it can obtain Qwest Directory Listings through the purchase of
the Directory Assistance List.
10.Directory Assistance Database Service -- Qwest shall provide
CLEC non-discriminatory access to Qwest's Directory Assistance Database or
Directory1" database, where Technically Feasible, on a "per dip" basis.
1 0.2 Terms and Conditions
1 0.Qwest will provide CLEC non-discriminatory access to Qwest's Directory
Assistance Databases, Directory Assistance centers and personnel to provide Directory
Assistance Service.
10.2 Qwest's Directory Assistance Database contains only those published
and non-listed telephone number Listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
10.Qwest will provide access to Directory Assistance Service for facilities-
based CLEC using its own switch ( es) via dedicated multi-frequency (MF) operator
service trunks. CLEC may purchase operator service trunks from Qwest or provide
them itself. These operator service trunks will be connected directly to a Qwest
Directory Assistance host or remote Switch. CLEC will be required to order or provide at
least one (1) operator services trunk for each NPA served.
10.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Qwest End User
Customers. Qwest will provide the same priority of handling for CLEC's End User
Customer calls to Qwest's Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Qwest's Directory Assistance are handled on a first come,
first served basis, without regard to whether calls are originated by CLEC or Qwest End
User Customers.
10.Call Branding for Directory Assistance will entail recording and setting up
a brand message. Dedicated interoffice facilities are required.
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10.Call Completion Link requires dedicated interoffice facilities.
10.If CLEC elects to access the Qwest Directory Assistance Databases on a
per dip basis, Qwest will provide to CLEC the facility and equipment specifications
necessary to enable CLEC to obtain compatible facilities and equipment.
10.Reseller CLEC's End User Customers may use the same dialing pattern
to access Directory Assistance Service as used by Qwest's End User Customers (Le.
411 1+411 , or 1+NPA+555-1212).
10.9 Facilities-based CLEC using its own switch(es) may choose to have its
End User Customers dial a unique number or use the same dialing pattern as Qwest
End User Customers to access Qwest Directory Assistance operators.
10.10 Qwest will timely enter into its Directory Assistance Database updates of
CLEC's Listings. Qwest will implement quality assurance procedures such as random
testing for Listing accuracy. Qwest will identify itself to End User Customers calling its
Directory Assistance Service provided for itself either by company name or operating
company name or operating company number so that End User Customers have a
means to identify with whom they are dealing.
10.10.In accordance with Section 18 , CLEC may request a
comprehensive audit of Qwest's use of CLEC's Directory Assistance Listings. In
addition to the terms specified in Section 18, the following also apply: as used
herein
, "
Audit" shall mean a comprehensive review of the other Party s delivery
and use of the Directory Assistance Listings provided hereunder and such other
Party s performance of its obligations under this Agreement. CLEC may perform
up to two (2) audits per twelve (12) month period commencing with the Effective
Date of this Agreement of Qwest's use of CLEC's Directory Assistance Listings in
Qwest's Directory Assistance Service. CLEC shall be entitled to "seed" or
specially code some or all of the Directory Assistance Listings that it provides
hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth in this Agreement.
10.11 Qwest shall use CLEC's Directory Assistance Listings supplied to Qwest
by CLEC under the terms of this Agreement for purposes of providing Directory
Assistance Service and for providing Directory Assistance List Information to Directory
Assistance providers , and for other lawful purposes, except that CLEC's Directory
Assistance Listings supplied to Qwest by CLEC and marked as nonpublished or
non listed Listings shall not be used for marketing purposes.
10.3 Rate Elements
The following rate elements apply to Directory Assistance Service and are contained in Exhibit
A of this Agreement.
10.A per call rate is applicable for Local Directory Assistance and National
Directory Assistance Service selected by CLEC.
10.A nonrecurring setup and recording fee will be charged for establishing
each Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch
is also applicable. Such nonrecurring fees must be paid before service commences.
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10.A per call rate is applicable for Call Completion Link.
10.5.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Local Service Providers.This
questionnaire may be obtained from CLEC's Qwest account manager.
10.5 Billing
10.Qwest will track and bill CLEC for the number of calls placed to Qwest's
Directory Assistance Service by CLEC's End User Customers as well as for the number
of requests for Call Completion Link.
10.For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance call. Qwest
will not credit, rebate or waive the per call charge due to any failure to provide a
telephone number.
10.Call Completion Link will be charged at the per call rate when the End
User Customer completes the required action (Le.
, "
press the number one
" "
stay on the
line " etc.
10.Directory Assistance List
10.1 Description
10.Directory Assistance List (DA List) information consists of name, address
and telephone number information for all End User Customers of Qwest and other LECs
that are contained in Qwest's Directory Assistance Database and , where available,
related elements required in the provision of Directory Assistance Service to CLEC's End
User Customers. No prior authorization from CLEC shall be required for Qwest to sell
make available, or release CLEC's End User Customer Directory Assistance Listings to
Directory Assistance providers. In the case of End User Customers who have non-
published Listings, Qwest shall provide the End User Customer s local Numbering Plan
Area (NPA), address, and an indicator to identify the non-published status of the Listing
to CLEC; however, Qwest will not provide the non-published telephone number.
Directory Assistance List service is provided pursuant to Section 251(b)(3) of the Act.
As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable.
Directory Assistance List service shall be provided to CLEC at market-based rates as
described in Exhibit A.
10.Qwest will provide DA List information via initial loads and daily updates
by means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the
Parties. Qwest will provide all changes, additions or deletions to the DA List information
overnight on a daily basis. The Parties will use a mutually agreed upon format for the
data loads.
10.DA List information shall specify whether the Qwest End User Customer
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is a residential, business, or government subscriber, and the Listings of other Carriers
will specify such information where it has been provided on the Carrier s Listing order.
10.1.4 In the event CLEC requires a reload of DA List information from Qwest'
database in order to validate, synchronize or reconcile its database, a reload will be
made available according to the rate specified in Exhibit A.
10.Qwest and CLEC will cooperate in the designation of a location to which
the data will be provided.
10.2 Terms and Conditions
10.Qwest grants to CLEC , as a competing provider of telephone Exchange
Service and telephone toll service, access to the Directory Assistance List information
Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2)
for purposes of providing Directory Assistance Services and for other lawful purposes
except that Listings included in Qwest'Directory Assistance List information and
marked as non-published or non-listed Listings, or Listings marked with an "omit from
lists" indicator shall not be used for marketing purposes, subject to the terms and
conditions of this Agreement. CLEC will advise Qwest when it orders Qwest's Directory
Assistance List information whether it chooses Option 1 or 2. As it pertains to the use of
Directory Assistance List information in this Agreement, "Directory Assistance Service
shall mean the provision, by CLEC via alive operator or a mechanized system , of
telephone number and address information for an identified telephone service End User
Customer or the name and/or address of the telephone service End User Customer for
an identified telephone number. Should CLEC cease to be a Telecommunications
Carrier, a competing provider of telephone Exchange Service or telephone toll service
this access grant automatically terminates.
10.Qwest shall make commercially reasonable efforts to ensure
that Listings belonging to Qwest retail End User Customers provided to CLEC in
Qwest's DA List information are accurate and complete. All third party DA List
information is provided AS IS, WITH ALL FAULTS. Qwest further represents that
it shall review all of its End User Customer Listings information provided to
CLEC, including End User Customer requested restrictions on use, such as non-
published and non-listed restrictions.
10.CLEC will obtain and timely enter into its Directory Assistance Database
daily updates of the DA List information, will implement quality assurance procedures
such as random testing for Directory Assistance Listing accuracy, and will identify itself
to End User Customers calling its DA Service either by company name or operating
company number so that End User Customers have a means to identify with whom they
are dealing.
10.Intentionally Left Blank.
10.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA
Listing information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of
non-published status) of Qwest's End User Customers to a third party calling its
Directory Assistance for such information , the fact that such End User C~stomer
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subscribes to Qwest's Telecommunications Services is Confidential and Proprietary
Information and shall not be disclosed to any third party.
10.CLEC shall not sublicense, copy or allow any third party to access,
download, copy or use the DA List information, or any portions thereof, or any
information extracted therefrom. Each Party shall take commercially reasonable and
prudent measures to prevent disclosure and unauthorized use of . Qwest's DA List
information at least equal to the measures it takes to protect its own Confidential and
Proprietary Information, including but not limited to implementing adequate computer
security measures to prevent unauthorized access to Qwest's DA List information when
contained in any database.
10.Unauthorized use of Qwest's DA List information , or any
disclosure to a third party of the fact that an End User Customer, whose Listing is
furnished in the DA List, subscribes to Qwest', another Local Exchange
Carrier , Reseller or CMRS'Telecommunications Services shall be
considered a material breach of this Agreement and shall be resolved under the
Dispute Resolution provisions of this Agreement.
10.Within five (5) Days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DA List information which
it has in its possession or control , (b) extract and expunge any and all copies of such DA
List information, any portions thereof, and any and all information extracted therefrom
from its files and records , whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Qwest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party Carriers if the certification pertains to such Carriers' DA List information
contained in Qwest's database.
10.CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer information contained within the
DA List information. CLEC must remove from its database any telephone number for
End User Customer whose Listing has become non-published when so notified by
Qwest.
10.Audits -- In accordance with Section 18, Qwest may request a
comprehensive audit of CLEC's use of the DA List information. In addition to the terms
specified in Section 18 , the following also apply:
10.As used herein
, "
Audit" shall mean a comprehensive review of
the other Party's delivery and use of the DA List information provided hereunder
and such other Party s. performance of its obligations under this Agreement.
Either Party (the Requesting Party) may perform up to two (2) Audits per twelve
(12) month period commencing with the Effective Date of this Agreement. Qwest
shall be entitled to "seed" or specially code some or all of the DA List information
that it provides hereunder in order to trace such information during an Audit and
ensure compliance with the disclosure and use restrictions set forth in Section
10.2 above.
10.8.2 All paper and electronic records will be subject to Audit.
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10.CLEC recognizes that certain Carriers who have provided DA List
information that is included in Qwest's database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their DA List information.
10.10 Qwest will provide a non-discriminatory process and procedure for
contacting End User Customers with non-published telephone numbers in emergency
situations for non-published telephone numbers that are included in Qwest's Directory
Assistance Database. Such process and procedure will be available to CLEC for
CLEC's use when CLEC provides its own Directory Assistance and purchases Qwest'
Directory Assistance List product.
10.Rate Elements
Recurring and nonrecurring rate elements for DA List information are described below and are
contained in Exhibit A of this Agreement.
10.Initial Database Load -- A "snapshot" of data in the Qwest DA List
information database or portion of the database at the time the order is received.
10.Reload -- A "snapshot" of the data in the Qwest DA List information
database or portion of the database required in order to refresh the data in CLEC'
database.
10.Daily Updates -- Daily change activity affecting DA List information in the
Listings database.
10.3.4 One-Time Set-Up Fees - Charges for special database loads.
10.Output Charges -- Media charges resulting from either the electronic
transmission or tape delivery of the DA List information, including any shipping costs.
10.4 Ordering
10.6.4.CLEC may order the initial DA List information load or update files for
Qwest'local Exchange Service areas in its 14 state operating territory or, where
Technically Feasible, CLEC may order the initial DA List information load or update files
by Qwest White Page Directory Code or NPA.
10.6.4.Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.
PCAT.
CLEC shall use the Directory Assistance List Order Form found in the
10.Toll and Assistance Operator Services
10.1 Description
10.Toll and assistance operator services are a family of offerings that assist
End User Customers in completing EAS/local and Long Distance calls. Qwest provides
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non-discriminatory access to Qwest operator service centers , services and personnel.
Qwest will provide CLEC with non-discriminatory access to its operator services. Toll
and assistance operator services are provided to CLEC for resale with resold local
exchange lines at the wholesale discount as described in Exhibit A. Toll and assistance
operator services are provided to CLEC as a facilities-based provider pursuant to
Section 251(b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of
the Act are not applicable. Toll and assistance operator services shall be provided to
CLEC as a facilities-based provider at the rates described in Exhibit A.
10.Local Assistance. Assists CLEC End User Customers
requesting help or information on placing or completing EAS/local calls, connects
CLEC End User Customers to home NPA Directory Assistance, and provides
other information and guidance, including referral to the business office and
repair, as may be consistent with Qwest's customary practice for providing End
User Customer assistance.
10.IntraLATA Toll Assistance. Qwest will direct CLEC's End User
Customer to contact its. provider to complete InterLATA toll calls. Nothing in this
Section is intended to obligate Qwest to provide any toll services to CLEC or
CLEC's End User Customers.
10.Emergency Assistance. Provide assistance for handling CLEC'
End User Customer s EAS/local and IntraLATA toll calls to emergency agencies
including but not limited to, police, sheriff, highway patrol and fire. CLEC is
responsible for providing Qwest with the appropriate emergency agency numbers
and updates.
10.1.4 Busy Line Verification (BL V) is performed when a calling party
requests assistance from the operator bureau to determine if the called line is in
use. The operator will not complete the call for the calling party initiating the BL
inquiry. Only one BLV attempt will be made per call, and a charge shall apply.
10.Busy Line Interrupt (BLI) is performed when a calling party
requests assistance from the operator to interrupt a telephone call in progress.
The operator will interrupt the busy line and inform the called party that there is a
call waiting. The operator will not connect the calling and called parties. The
operator will make only one BLI attempt per call and the applicable charge
applies whether or not the called party releases the line.
10.Quote Service - Provide time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.2 Terms and Conditions
10.For facilities-based CLEC using its own switch(es), Interconnection to
Qwest's operator services Switch is Technically Feasible at two (2) distinct points on the
Trunk Side of the Switch. The first connection point is an operator services trunk
connected directly to the Qwest operator services host Switch. The second connection
point is an operator services trunk connected directly to a remote Qwest operator
services Switch.
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10.Trunk Provisioning and facility ownership must follow Qwest guidelines.
10.In order for CLEC to use Qwest's operator services as a facilities-based
CLEC using its own switch(es), CLEC must provide an operator service trunk between
CLEC's End Office Switch and the Interconnection point on the Qwest operator services
Switch for each NPA served.
10.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.Each Party s operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BL V/BLI
traffic between the Parties' networks.
10.7.2.CLEC will provide separate no-test trunks (not the 10cal/intraLATA trunks)
to the Qwest BL V/BLI hub or to the Qwest operator services Switches.
10.Qwest will perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers. Qwest will
respond to CLEC's End User Customer calls to Qwest's operator services according to
the same priority scheme as it responds to Qwest's End User Customer calls. Calls to
Qwest's operator services are handled on a first come, first served basis , without regard
to whether calls are originated by CLEC or Qwest End User Customers.
10.Qwest will provide operator services to CLEC where Technically Feasible
and facilities are available. Qwest may from time-to-time modify and change the nature
extent, and detail of specific operator services available to its retail End User Customers
and to the extent it does so, Qwest will provide forty-five (45) Days advance written
notice to CLEC of such changes.
10.Qwest shall maintain adequate equipment and personnel to reasonably
perform the operator services. CLEC shall provide and maintain the facilities necessary
to connect its End User Customers to the locations where Qwest provides the operator
services and to provide all information and data needed or reasonably requested by
Qwest in order to perform the operator services.
10.10 Call Branding is an optional service available to CLEC. Call Branding
announces CLEC's name to CLEC's End User Customer at the start of the call and at
the completion of the call. If CLEC selects the Call Branding option, Qwest will provide
Call Branding to CLEC where Technically Feasible.a) Front End Brand - Announces CLEC's name to CLEC's End User
Customer at the start of the call. There is a nonrecurring charge to setup and
record the Front End Brand message.b) Back End Brand - Announces CLEC's name to CLEC's End User
Customer at the completion of the call. There is a nonrecurring charge to setup
and record the Back End Brand message.
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10.11 Call Branding for toll and operator services will entail recording and setup
of a brand message. Qwest will record CLEC's branded message. Dedicated interoffice
facilities will be required.
10.12 Call Branding also entails a nonrecurring charge to load CLEC's branded
message in each Switch.
10.13 CLEC's End User Customers may dial "0" or "" to access Qwest
operator services. Facilities-based CLEC using its own switch(es) may choose to have
its End User Customers access Qwest operators by dialing a unique number or by using
the same dialing pattern as Qwest End User Customers.
10.Rate Elements
Qwest toll and assistance operator services are offered under two (2) pricing options. Option
offers a per message rate structure. Option B offers a work second and a per call structure.
Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of thisAgreement.
10.Option A - Operator Services Rate Elements
10.Operator Handled Calling Card - For each completed calling
card call that was dialed 0+ where the operator entered the calling card number.
10.Machine Handled Calling Card - For each completed call that
was dialed 0+ where the End User Customer entered the required information
such as calling card number.
10.Station Call - For each completed station call, including station
sent paid , collect, third number special Billing or 0- calling card call.
10.1.4 Person Call - For each completed person to person call
regardless of the Billing used by the End User Customer.
10.Connect to Directory Assistance - For each operator placed callto Directory Assistance.
10.Busy Line Verify - For each call where the operator determines
that conversation exists on a line.
10.Busy Line Interrupt - For each call where the operator interrupts
conversation on a busy line and requests release of the line.
10.Operator Assistance - For each EAS/local call , whether
completed or not, that does not potentially generate an operator surcharge.
These calls include, but are not limited to: calls given the DDD rate because of
transmission problems; calls where the operator has determined there should be
no charge, such as Busy Line Verify attempts where conversation was not found
on the line; calls where the End User Customer requests information from the
operator and no attempt is made to complete a call; and calls for quote service.
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10.9 "Completed call" as used in this Section shall mean that the End
User Customer makes contact with the location, telephone number, person or
extension designated by the End User Customer.
10.Option B - Per Work Second and Computer Handled Calls
10.Operator Handled - CLEC will be charged per work second for
all calls originating from its End User Customers and facilities that are routed to
Qwest's operator for handling. Work second charging begins when the Qwest
operator position connects with CLEC's End User Customer and terminates
When the connection between the Qwest operator position and CLEC's End User
Customer is terminated.
10.Machine Handled - calls that are routed without operator
intervention. Machine handled calls include, but are not limited to , credit card
calls where the End User Customer enters the calling card number, calls
originating from coin telephones where the computer requests deposit of coins,
additional End User Customer key actions, recording of End User Customer
voice, etc.
10.Call Branding Nonrecurring Charge. Qwest will charge to CLEC a
nonrecurring setup and recording fee for establishing Call Branding and loading each
Switch with CLEC's branded message. CLEC must pay such nonrecurring charges prior
to commencement of the service. The nonrecurring set-up and recording charge will
apply each time CLEC's brand message is changed. The nonrecurring charge to load
the Switches with CLEC's branded message will be assessed each time there is any
change to the Switch.
10.4 Ordering Process
CLEC will order operator services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Local Service Providers." Copies of this questionnaire may be
obtained from CLEC's designated Qwest account manager.
10.5 Billing
10.Qwest will track usage and bill CLEC for the calls placed by CLEC's End
User Customers and facilities.
10.Qwest will compute CLEC's invoice based on both Option A (Price Per
Message) and Option B (Price Per Work Second and Computer Handled Calls). Qwest
will charge CLEC whichever option results in a lower charge.
10.3 If, due to equipment malfunction or other error, Qwest does not have
available the necessary information to compile an accurate Billing statement, Qwest may
render a reasonably estimated bill, but shall notify CLEC of the methods of such
estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate.
Qwest shall render a bill reflecting actual billable quantities when and if the information
necessary for the Billing statement becomes available.
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10.Access to Poles, Ducts, Conduits, and Rights of Way
10.1 Description
10.Pole Attachments - Where it has ownership or control to do so, Qwest
will provide CLEC with access to available Pole Attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by Qwest.
10.Ducts and Conduits - Where it has ownership or control to do so, Qwest
will provide CLEC with access to available ducts/conduits for the purpose of placing
facilities for transmitting Telecommunications Services. A spare ducUconduit will be
leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC
may place innerduct in an empty ducUconduit. Control of GLEe-installed spare
innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct
shall vest to Qwest if and when CLEC abandons such innerduct. Within a multiple
tenant environment (MTE), duct may traverse building Entrance Facilities, building
entrance links, equipment rooms , Remote Terminals, cable vaults, telephone closets or
building riser.
10.The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges , public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilities, building entrance links
equipment rooms, Remote Terminals , cable vaults , telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.The term innerduct means a duct-like raceway smaller than a
ducUconduit that is inserted into a ducUconduit so that the duct may typically
carry three (3) cables.
10.The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1 Y-t-inch innerduct.
10.Rights of Way (ROW) - Where it has ownership or control to do so,
Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit D , access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by Qwest and may
run under, on , above, across, along or through public or private property or enter
multiple tenant environments.
10.ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental , federal or Native
American, or other quasi-public or non-private lands, sufficient to permit Qwest to
place Telecommunications facilities on such real property; such property owner
may permit Qwest to install and maintain facilities under, on , above, across
along or through private property or enter multiple tenant environments. Within a
multiple tenant environment, a ROW includes a pathway that is actually used or
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has been specifically designated for use by Qwest as part of its transmission and
distribution network where the boundaries of the pathway are clearly defined
either by written specifications or unambiguous physical demarcation.
10.1.4 Intentionally Left Blank.
10.The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Law as defined in this Agreement.
10.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
10.A PDR Transfer of Responsibility request received by Qwest is
irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
10.2 Terms and Conditions
Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights of Way
(ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment
and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D.
Qwest will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and
Rights of Way (ROW). Qwest shall not give itself preference when assigning space.
10.Subject to the provisions of this Agreement, Qwest agrees to issue to
CLEC authorization for CLEC to attach, operate, maintain , rearrange, transfer and
remove at its sole expense its facilities on poles/duct/innerduct or ROW owned
controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local, state
and/or federal requirements.
10.Qwest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
10.Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act.
10.2.4 CLEC shall provide access to a map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points
the identification and location of the poles/duct/innerduct and ROWand a description of
CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats, maps
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location, span more than five (5)
Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
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simultaneously. Responses to extensive requests will be provided within a reasonable
interval, not to exceed forty-five (45) calendar Days.
10.Except as expressly provided herein , or in the Pole Attachment Act of
1934 as amended and its regulations and rules , or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install , modify or
place any poles/duct/innerduct or other facility for use by CLEC.
10.Qwest retains the right to determine the availability of space on
poles/duct/innerduct, conduit and ROW consistent with 47 USC 9224 and FCC orders
rules and regulations pursuant to 47 USC 9 224. In the event Qwest determines that
rearrangement of the existing facilities on poles, duct/innerduct/conduit, and ROW is
required before CLEC'facilities can be accommodated, the actual cost of such
modification will be included in CLEC's nonrecurring charges for the associated order
(Make-Ready fee). When modifications to a Qwest spare duct/conduit include the
placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill
the duct/conduit to its full capacity.
10.Qwest shall make manhole ingress and egress for duct/innerduct access
available to CLEC. Qwest will perform a feasibility study to determine whether
provide a stub out via the pre-constructed knock out within the manhole, or to perform a .
core drill of the manhole.
10.Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental, federal , Native American, and private rights of way. CLEC shall obtain
any permits, licenses, bonds, or other necessary legal authority and permission,. at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained , all such work may be performed by Qwest or CLEC
at the option of CLEC.
10.Access to a Qwest Central Office manhole will be permitted where
Technically Feasible. If space is available , Qwest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be.a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
CLEC can establish the necessity and Technical Feasibility of splicing in the Central
Office manhole , such action shall be permitted.
10.10 Replacement/Modificationllnstallation - If CLEC requests Qwest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Qwest the total actual replacement cost, Qwest'
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and
the actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Qwest.
10.10.Upon request Qwest shall permit CLEC to install
poles/duct/innerduct. Qwest reserves the right to reject any non-conforming
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replacement pole/ductJinnerduct installed by CLEC that does not conform to the
NESC, OSHA or local ordinances.
10.10.To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Qwest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC, Qwest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
requirements will be deemed to be sharing in the modification and will be
responsible for its share of the modification cost. Attaching entities will not be
responsible for sharing in the cost of governmentally mandated pole or other
facility modification. Qwest does not and will not favor itself over other Carriers
when Provisioning access to poles, innerduct and rights-of-way.
10.10.The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwest's expense shall be provided to CLEC at least sixty (60) calendar Days prior to
beginning modifications. Such notification shall include a brief description of the nature
and scope of the modification. If CLEC does not respond to a requested rearrangement
of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting
rearrangement, Qwest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/ductJinnerduct completed at Qwest'
expense.
10.12 Qwest reserves the right to make an on-site/final construction inspection
of CLEC's facilities occupying the poles/ductJinnerduct system. CLEC shall reimburse
Qwest for the actual cost of such inspections except where specified in this Section.
10.13 When final construction inspection by Qwest has been completed , CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Qwest in its written notice. If corrections are not completed within thespecified reasonable period occupancy authorizations for the ROW
poles/ductJinnerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/ductJinnerduct or ROW system and CLEC shall remove its facilities from said
poles/ductJinnerduct or ROW in accordance with the provisions of this Section, provided
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
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additional time to complete such cure. Qwest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties , Qwest shall perform or have performed such
corrections and CLEC shall pay Qwest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be mc;lde by Qwest.
10.14 Once CLEC's facilities begin occupying the poles/duct/innerduct or ROW
system , Qwest may perform a reasonable number of inspeCtions. Qwest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections
and re-inspections, as required. CLEC's representative may accompany Qwest on such
field inspections. The cost of periodic inspection or any special inspections found
necessary due to the existence of sub-standard or unauthorized occupancies shall be
billed separately.
10.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completion
of the inspections.
10.16 Final construction , subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilities, obligations, or
liability assigned under this Agreement.
10.8.2.17 CLEC may use individual workers of its choice to perform any work
nece$sary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwest's workers. CLEC may use any contractor approved
by Qwest to perform make-ready work.
10.18 If Qwest terminates an order for cause , or if CLEC terminates an order
without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated order(s) and shall remove its
facilities from the poles/duct/innerduct within sixty (60) calendar Days, or cause Qwest to
remove its facilities from the poles/duct/innerduct at CLEC'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 physically removed. "Cause" as used
herein shall include CLEC's use of its facilities in material violation of any Applicable Law
or in aid of any unlawful act or making an unauthorized modification to Qwest'
poles/duct/innerduct, or, in the case of ROW , any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Qwest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest
or its predecessor.
10.19 Qwest may abandon or sell any poles/duct/innerduct/conduit or ROW at
any time by giving written notice to CLEC. Any poles/duct/innerduct/conduit or ROW
that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/duct/innerduct/conduit or ROW , and with the concurrence of the other joint
user(s), if necessary, CLEC shall, within sixty (60) calendar Days of such notice, either:
1) continue to occupy the poles/duct/innerduct/conduit or ROW pursuant to its existing
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rights under this Agreement if the poles/ductlinnerductlconduit or ROW is purchased by
another party; 2) purchase the poles/ductlinnerductlconduit or ROW from Qwest at the
current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one
of the foregoing options within sixty (60) calendar Days shall be deemed an election to
purchase the poles/ductlinnerductlconduit or ROW at the current market value if no
other party purchased the poles/ductlinnerductlconduit or ROW within this sixty (60) Day
period.
10.CLEC's facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code, and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its
Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities
in accordance with the above requirements or failure to correct as provided in Section
10.13 shall be cause for termination of the order. CLEC shall in a timely manner
comply with all requests from Qwest to bring its facilities into compliance with these
terms and conditions.
10.21 Should Qwest under the provisions of this Agreement remove CLEC'
facilities from the poles/ductlinnerduct covered by any order, Qwest will deliver the
facilities removed upon payment by CLEC of the cost of removal , storage and delivery,
and all other amounts due Qwest. If CLEC removes facilities from poles/ductlinnerductfor other than repair or maintenance purposes, no replacement on the
poles/ductlinnerduct shall be made until all outstanding charges due Qwest for previous
occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on
which the removal of facilities from the poles/ductlinnerduct has been completed.
10.22 If any facilities are found attached to poles/ductlinnerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.C. ~ 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. Qwest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid order for the attachment in
the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e., pulling additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Qwest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Qwest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Qwest of the unauthorized occupancy, a poles/ductlinnerduct
application. If such application is not received by Qwest within the specified time period
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CLEC will be required to remove its unauthorized facility within thirty (30) calendar Days
of the final date for submitting the required application , or Qwest may remove CLEC'
facilities without liability, and the cost of such removal shall be borne by CLEC.
10.23 No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Qwest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from its
inception.
10.24 Qwest will provide CLEC non-discriminatory access
poles/ducts/innerducts/conduits and ROW pursuant to 47 USC ~ 224 and FCC orders
rules and regulations pursuant to 47 USC ~ 224. In the event of a conflict between this
Agreement, on one hand , and 47 USC ~ 224 and FCC orders , rules and regulations
pursuant to 47 USC ~ 224, on the other, 47 USC ~ 224 and FCC orders, rules and
regulations pursuant to 47 USC ~ 224 shall govern. Further, in the event of a conflict
between Exhibit D, on one hand, and this Agreement or 47 USC ~ 224 and FCC orders
rules and regulations pursuant to 47 USC ~ 224, on the other, this Agreement or 47 USC
~ 224 and FCC orders, rules and regulations pursuant to 47 USC ~ 224 shall govern
provided however, that any Access Agreement that has been duly executed,
acknowledged and recorded in the real property records for the county in which the
ROW is located shall govern in any event pursuant to its terms.
10.25 Nothing in this Agreement shall require Qwest to exercise eminent
domain on behalf of CLEC.
10.26 Qwest will not enter into ROW agreements for the provision of
Telecommunications Services , including agreements relating to ROW within multiple
tenant environments, that preclude CLEC from using ROW over which Qwest has
ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom
Qwest has an ROW agreement, the following:
10.26.that the ROW agreement with Qwest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.26.that there will be no penalty under the agreement between the
landowner and Qwest if the landowner enters into a ROW agreement with CLEC.
10.27 For purposes of permitting CLEC to determine whether Qwest has
ownership or control over duct/conduit or ROW , including duct/conduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, that grants Qwest access to , ownership of, or
control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will
provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit
a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant
environment or route for each agreement.
10.27.Upon receipt of a completed Attachment 1., Qwest will prepare
and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days
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which will identify (a) the owner of the duct/conduit or ROW or multiple tenant
environment as reflected in Qwest's records, and (b) whether or not Qwest has a
copy of an agreement that provides Qwest access to duct/conduit or ROW or
multiple tenant environment in its possession. Qwest makes no representations
or warranties regarding the accuracy of its records, and CLEC acknowledges that
the original property owner may not be the current owner of the property.
10.27.Qwest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will
provide to CLEC a copy of an agreement listed in the MTE matrix or ROW
matrix, as applicable, that has not been publicly recorded after CLEC obtains
authorization for such disclosure from the third party owner(s) of the real property
at issue by presenting to Qwest an executed version of the Consent to
Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement.
In lieu of submission of the Consent to Disclosure form , CLEC must comply with
the indemnification requirements in Section 10.8.4.
10.27.As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Qwest access to a multiple tenant environment that
Qwest provides to CLEC or that CLEC obtains from the multiple tenant
environment owner or operator, Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to CLEC
and shall require that the multiple tenant environment owner or operator make
similar redaction s prior to disclosure of the agreement.
10.27.4 In all instances, CLEC will use agreements only for the following
purposes: (a) to determine whether Qwest has ownership or control over duct
conduits, or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilities and the
owner facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.28 In cities where Qwest has deployed microduct technology but no
vacant microductis available on the specified route, CLEC may request Qwest to place
microduct along the desired route or CLEC can choose to place microduct that must
meet Qwest specifications.
10.29 In cities where Qwest has not deployed microduct and CLEC
wishes to use this technology, CLEC must lease an innerduct. In these locations CLEC
will be required to furnish and place the microduct. At the conclusion of the lease, CLEC
and Qwest will make a joint decision whether or not CLEC will be required to remove
CLEC's microduct from the innerduct.
10.30 If any microduct is found occupying facilities for which no order
is in effect, Qwest, without prejudice to its other rights or remedies, may assess a charge
and CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two
(2) manholes for the number of years since the most recent inventory, or (b) five (5)
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times the annual fee per microduct run between two (2) manholes.
10.30.In addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.C 6621 , Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.30.Qwest shall waive half the unauthorized occupancy fee if the
following conditions are met:
10.30.1 CLEC cures such unauthorized occupancy by removing it
or submitting a valid order for the attachment within thirty (30) days of
written notification from Qwest.
10.30.2 The unauthorized occupancy did not require Qwest to take
curative measures (e., pulling additional microduct) prior to cure byCLEC.
10.30.3 CLEC reimburses Qwest for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. Qwest shall also
waive the unauthorized occupancy fee if the unauthorized occupancy
arose due to error by Qwest rather than CLEC. CLEC is required to
submit in writing, within ten (10) business days after receipt of written
notification from Qwest of the unauthorized occupancy, a
PoleslDuctllnnerductiMicroduct Application. If such application is not
received by Qwest within the specified time period, CLEC will be required
to remove its unauthorized facility within thirty (30) calendar Days of the
final date for submitting the required application, or Qwest may remove
CLEC's facilities without liability, and the cost of such removal shall be
borne by CLEC.
10.31 To be eligible for PDR Transfer of Responsibility of the
occupancy of space for poles or conduit, vacating CLEC must have a valid Agreement in
place for those facilities specified for transfer.
10.31.The assuming CLEC is required to have an Agreement with
Qwest that includes all elements involved in the transfer.
10.31.2 The Agreement referenced in the PDR Transfer of
Responsibility request will be transferred either in its entirety or portion thereof as
specified in the PDR Transfer of Responsibility Application Form and Transfer
Authorization Agreement.
10.8.2.31.The PDR Transfer of Responsibility includes changing the
following Qwest items: Customer name, Access Carrier Name Abbreviation
(ACNA), Master Customer Number (MCN), customer address, telephone
number, billing and contact information , and contact telephone number. The
eight (8) character CLEC CLUTM code will remain the same.
10.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
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