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HomeMy WebLinkAbout20060526Application Part IV.pdfOP-8 - Number Portability Timeliness Purpose: Evaluates the timeliness of cutovers of local number portability (LNP). Description: OP-8B - LNP Timeliness with Loop Coordination (percent): Measures the percentage of coordinated LNP triggers set prior to the scheduled start time for the loop. All orders forLNP coordinated with unbundled loops that are completed/closed during the reporting period are measured, subject to exclusions specified below. OP-8C - LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as applicable. All orders for LNP for which coordination with a loop was not requested that are completed/closed during the reporting period are measured (including standalone LNP coordinated with other than Owest-provided Unbundled Loops and non-coordinated standalone LNP), subject to exclusions specified below. For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "1 O-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Owest. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated time. In the case of LNP cutovers coordinated with loops , the scheduled time used in this measurement will be no later than the "lay" time for the loop. Reporting Period: One month Unit of Measure: Percent of triggers set on time Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: OP-8B = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) + (Total Number of LNP activations coordinated with unbundled loops completed)) x 100 Disaggregation Reporting: Statewide level. OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) + (Total Number of LNP activations without loop cutovers completed)) x 100 Exclusions: GLEe-caused delays in trigger setting. LNP requests that do not involve automatic triggers (e., DID lines without separate, unique telephone numbers and Centrex 21). LN P requests for which the records used as sources of data for these measurements have the following types of errors: Records with no paN (purchase order number) or STATE. Records where triggers cannot be set due to switch capabilities. Records with invalid due dates, a lication dates, or start dates. Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID. Invalid start/stop dates/times or invalid frame due or scheduled date/times. Product Reporting: None Standard:95% Availability:Notes: Available Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 51 OP-13 - Coordinated Cuts On Time - Unbundled Loop Purpose: Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing on cuts completed within one hour of the committed order due time and the percent that were started without CLEC approval. Description: Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the reporting period , subject to exclusions specified below. . OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled loops that are started and completed on time. For coordinated loop cuts to be counted as " time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the CLEC with completion information, all within one hour of the time interval defined by the committed order due time. . OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are actually' started without CLEC approval. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated appointment time. . The "committed order due time" is based on the number and type of loops involved in the cut and is calculated by adding the applicable time interval from the following list to the scheduled start time: Analog unbundled loops: 1 to 16 lines: 1 Hour 17 to 24 lines: 2 Hours 25+ lines: Project* All other unbundled loops: 1 to 5 lines: 1 Hour 6 to 8 lines: 2 Hours 9 to 11 lines: 3 Hours 12 to 24 lines: 4 Hours 25+ lines: Project* For Pro ects scheduled due dates and scheduled start times will be negotiated between CLEC and Qwest, but no committed order due time is established. Therefore, projects are not included in OP-13A (see exclusion below). . " Stop" time is defined as when Qwest notifies the CLEC that the Qwest physical work and the appropriate tests have been successfully accomplished, including the Qwest portion of any coordinated LNP orders. . Time intervals following the scheduled start time or during the cutover process associated with customer-caused delays are subtracted from the actual cutover duration. . Where Qwest's records of completed coordinated cut transactions are missing evidence of CLEC approval of the cutover, the cut will be counted as a miss under both OP-13A and OP-13B. Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate and individual CLEC Results for this measurement will be reported according to:results OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC Approval Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 52 OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued) Formula: OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time ) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occurs without CLEC approval) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 Exclusions: Applicable to OP-13A: . Loop cuts that involve GLEe-requested non-standard methodologies, processes, or timelines. OP-13A & OP-13B: Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID which are not otherwise designated to be "counted as a miss Invalid start/stop dates/times or invalid scheduled date/times. Projects involvinq 25 or more lines. Product Reporting: Coordinated Unbundled Loops - Reported separately for: . Analog Loops All Other Loops Standards: OP-13A: AZ.: 90 Percent or more All Other States: 95 Percent or more Availability: OP-13B: Diagnostic Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 53 OP-15 - Interval for Pending Orders Delayed Past Due Date Purpose: Evaluates the extent to which Qwest's pending orders are late , focusing on the average number of days the endin orders are deja ed ast the A licable Due Date, as of the end of the re ortin eriod. Description: OP-15A - Measures the average number of business da s that pending orders are delayed beyond the Applicable Due Date for reasons attributed to Qwest. Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable Due Date recorded by Qwest has been missed , subject to exclusions specified below. Change order types included in this measurement consist of all "C" orders representing inward activit . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons , the Applicable Due Date is the customer-initiated due date, if any, that is ~a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE . Time intervals associated with customer~initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE 1 OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed for Qwest facility reasons. Reporting Period: One month Unit of Measure: OP-15A - Average Business Days NOTE OP-15B - Number of orders end in facilities Disaggregation Reporting: Statewide Reporting Comparisons: GLEC aggregate, individual CLEC, Qwest retail Formula: OP-15A = L:((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + (Total Number of Pending Orders Delayed for Qwest reasons as of the last day of Reporting Period) OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Qwest facility reasons Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Records involving official company services. . Records with invalid due dates or a lication dates. . Records with invalid product codes. . Records missin data essential to the calculation of the measurement er the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 54 OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Product Reporting: I Standards: OP-15B = diagnostic only For OP-15A: Resale Residential sinqle line service Diaqnostic Expectation: Parity with retail service Business single line service Diagnostic Expectation: Parity with retail service Centrex Diaqnostic Expectation: Parity with retail service Centex 21 Diagnostic Expectation: Parity with retail service PBX Trunk Diagnostic Expectation: Parity with retail service Basic ISDN Diagnostic Expectation: Parity with retail service Qwest DSL Diaqnostic Expectation: Parity with retail service' Primary ISDN Diagnostic Expectation: Parity with retail service' DSO Diaqnostic Expectation: Parity with retail service) DS1 Diagnostic (Expectation: Parity with retail service DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service) (aqqreqate) Frame Relay Diaqnostic (Expectation: Parity with retail service) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail service) (UNE-P) (POTS) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex 21) (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex) (UNE-P) (Centrex) Line Splitting Diagnostic (Expectation: Parity with retail Qwest DSL) Loop Splittinq NVIt:~Diagnostic Line Sharing Diagnostic (Expectation: Parity with retail Qwest DSL) Sub-Loop Unbundlinq Diagnostic LIS Trunks Diagnostic (Expectation: Parity with Feature Group 0 (aggregate)) (separately reported) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Diagnostic (Expectation: Parity with DS1 Private Line- Service) UDIT - Above DS1 level Diagnostic (Expectation: Parity with Private Line- Services above DS1 level) Dark Fiber - IOF Diaqnostic Unbundled Loops: Analog Loop Diagnostic (Expectation: Parity with retail Res and Bus POTS with dispatch) Non-loaded Loop (2-wire)Diagnostic Expectation: Parity with retail ISDN BRI) Non-loaded Loop (4-wire)Diaqnostic Expectation: Parity with retail DS1 OS 1-capable Loop Diagnostic Expectation: Parity with retail DS1 ISDN-capable Loop Diaqnostic Expectation: Parity with ISDN-BRI ADSL-qualified Loop Diagnostic (Expectation: Parity with retail Qwest DSL with dispatch) Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and (aggregate)hiqher bit-rate services (aqqreqate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911 Trunks) Enhanced Extended Loops (EELs)Diagnostic Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 55 OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Availability: Available Notes: 1. According to this definition , the Applicable Due Date can change, per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (Le., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval. 2. For OP-15A, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, and UNE-P (POTS), as well as for non-dispatched orders in the retail analogues specified above as standards. For all other non-dispatched products and for all dispatched products under OP-15A, Saturday is not counted as a business day.3. Reporting will begin at the time GLEGs order the product, in any quantity, for three consecutive months. . Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 56 OP-17 - Timeliness of Disconnects associated with LNP Orders Purpose: Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to which portinq occurs without implementing associated disconnects before the scheduled time/date. Description: OP-17A Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Focuses on disconnects associated with timely CLEC requests for delaying the disconnects or no requests for delays. The scheduled time/date is defined as 11 :59 p.m. on (1) the due date of the LNP order recorded by Qwest or (2) the delayed disconnect date requested by the CLEG, where the CLEC submits a timely request for delay of disconnection. - A CLEC request for delay of disconnection is considered timely if received by Qwest before 8:00 m. MT on the current due date of the LNP order recorded by Qwest. OP-178 Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Includes only disconnects associated with untimely CLEC requests for delaying the disconnects. A CLEC request for delay of disconnection is considered "untimely" if received by Qwest after 8:00 p.m. MT on the current due date of the LNP order recorded by Qwest and before 12:00 p.m. MT (noon) on the day after the current due date. Disconnects are defined as the removal of switch translations, including the 1 O-digit trigger. Disconnects that are implemented early, and thus counted as a "miss" under this measurement, are those that the CLEC identifies as such to Qwest via trouble reports, within four calendar days of the actual disconnect date, that are confirmed to be caused by disconnects being made before the scheduled time. Includes all CLEC orders for LNP TNs completed in the reporting period, subject to exclusions specified below. Reporting Period: One month Reporting Comparisons: GLEC Aggregate and Individual CLEC Formula: ((Total number of LNP TNs ported pursuant to orders completed in the reporting period - Number of TNs with qualifying trouble reports notifying Qwest that disconnection before the scheduled time has occurred) + Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100 Unit of Measure:Percent Disaggregation Reporting:Statewide Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 57 OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17 A only Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC has failed to submit timely requests to have disconnects held for later implementation. OP-17A & 8 Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. LNP requests that do not involve automatic triggers (e., DID lines without separate, unique TNs and Centrex 21). Records with invalid trouble receipt dates. Records with invalid cleared, closed or due dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. OP-178 only Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC did not submit its untimely requests by 12:00 p.m. MT (noon) on the day after the LNP due date to have disconnects held for later implementation. Product Reporting:LNP Standards: OP-17A- 98.25% OP-17B - Diagnostic only, in light of its measuring only requests for delay of disconnect that are defined as untimely. Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 58 Maintenance and Repair MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center Purpose: Evaluates Customer access to Qwest's Interconnection and/or Retail Repair Center(s), focusing on the number of calls answered within 20 seconds. Description: Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20 seconds of the first ring. Includes all calls to the Interconnect Repair Center during the reporting period, subject to exclusions specified below. First ring is defined as when the customer s call is first placed in queue by the ACD (Automatic Call Distributor). Answer is defined as when the call is first picked up by the Qwest agent. Abandoned calls and busv calls are counted as calls which are not answered within 20 seconds. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail levels. Formula: ((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU (Voice Response Unit) is not counted. Product Reporting: None Standard: Parity Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 59 MR-3 - Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services , focusing on trouble reports where the out-of- service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours for out-of-service conditions). Description: Measures the percentage of out of service trouble reports , involving specified services, that are cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period, which involve a specified service that is out-of-service (Le., unable to place or receive calls), subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate , Disaggregation" will be disaggregated and reported according to troubleindividual CLEC reports involving:and Qwest Retail MR-3A Dispatches within MSAs;results MR-3B Dispatches outside MSAs; and MR-3C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-3D In Interval Zone 1 areas; and MR-3E In Interval Zone 2 areas. Formula: ((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24 hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 60 MR-3 - Out of Service Cleared within 24 Hours (Continued) Product Reporting:Standards: MSA-TvDe Disaaareaation Resale Residential sinqle line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splittinq Parity with retail Qwest DSL Loop Splittinq NUII= 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retaillSDN-BRI All Other States: Diagnostic Zone-tvDe Disaaareaation Resale Qwest DSL Parity with retail service Unbundled Loops Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with ISDN-BRI ADSL-qualified Loop Parity with retail Qwest DSL Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 61 MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out of service and service affecting) and on the number of such trouble reports cleared within the standard estimate for specified services (i., 48 hours for service-affectinq conditions). Description: Measures the percentage of trouble reports, for specified services, that are cleared within 48 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period , which involve a specified service, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for producUservices listed in Product Reporting under "MSA-Type CLEC aggregate , Disaggregation" will be disaggregated and reported according to troubleindividual CLEC reports involving:and Qwest Retail MR-4A Dispatches within MSAs;results MR-4B Dispatches outside MSAs; and MR-4C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-4D In Interval Zone 1 areas; and MR-4E In Interval Zone 2 areas Formula: ((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction , Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 62 MR-4 - All Troubles Cleared within 48 Hours (Continued) ation - Standards: Parit with retail service Parit with retail service Parit with retail service Parit with retail service Pari with retail service Parit with retail service Parity with appropriate retail service Parity with retail Centrex 21 Parity with retail Centrex Parity with retail Qwest DSL Diagnostic Parity with RES and BUS POTS Diagnostic Parit with retail Res and Bus POTS Parit with retailISDN-BRI Parit with retail Qwest IDSLPari with retailISDN-BRI Parit with retail Qwest DSL Notes:1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 63 MR-5 - All Troubles Cleared within 4 hours Purpose: Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types (including out of service and service affecting troubles) and on the number of such trouble reports cleared within the standard estimate for specified services (Le., 4 hours). Description: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period, which involve a specified service, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, individual CLEC and Qwest Retail results Disaggregation Reporting: Statewide level. Results for listed products will be disaggregated according to trouble reports: MR- MR- In Interval Zone 1 areas; and In Interval Zone 2 areas. Formula: ((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured using WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 64 MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-Type Disaggregation Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT UDIT - DS11evei Parity with DS1 Private Line Service UDIT - Above DS1 level Parity with Private Line Services above OS 1 level Unbundled Loops: Non-loaded Loop (4-wire)Parity with retail DS1 DS1-capable Loop Parity with retail OS 1 Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 65 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusing how long it takes to restore services to proper operation. Description: Measures the time actually taken to clear trouble reports. Includes all trouble reports closed during the reporting period , subject to exclusions specified below. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Hours and MinutesReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be reported according to trouble reports involving:individual CLEC MR-6A Dispatches within MSAs;and Qwest Retail MR-6B Dispatches outside MSAs; andresults MR-6C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-6D In Interval Zone 1 areas; and MR-6E In Interval Zone 2 areas. Formula: L:((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of Trouble Reports closed in the reporting period) Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missinQ data essential to the calculation of the measurement per the pro. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 66 MR-6 - Mean Time to Restore (Continued) Product Reporting:Standards: MSA-TvDe Disaaareaation Resale Residential sinqle line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splittinq Parity with retail Qwest DSL Loop Splitting NU I t:: 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retaillSDN-BRI All Other States: Diagnostic Zone-TvDe Disaaareaation Resale Qwest DSL Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aqqreqate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line UDIT -Above DS11evei Parity with retail Private Lines above DS11evei Dark Fiber - IOF Diaqnostic Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 67 MR-6 - Mean Time to Restore (Continued)Availability: Notes:Available 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 68 MR-7 - Repair Repeat Report Rate Purpose: Evaluates the accuracy of repair actions , focusing on the number of re eated trouble re orts received for the same line/circuit within a specified period (30 calendar days). Description: Measures the percentage of trouble reports that are repeated within 30 days on end user lines and circuits. Includes all trouble reports closed during the reporting period that have a repeated trouble report received within thirty (30) days of the initial trouble report for the same service (regardless of whether the report is about the same type of trouble for that service), subject to exclusions specified below. In determining same service Qwest will compare the end user telephone number or circuit access code of the initial trouble reports closed during the reporting period with reports received within 30 days of when the initial trouble report closed. Includes reports due to Qwest network or system causes, customer-direct and customer-relayed reports. . The 30-day period applied in the numerator of the formula below is from the date and time that the initial trouble report is closed to the date and time that the next, or "repeat" trouble report is received (Le., opened). Reporting Period: One month, reported in arrears (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-day period followinq the initial trouble report.Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for producUservices listed in Product Reporting under "MSA-TypeCLEC Disaggregation" will be reported according to trouble reports involving: aggregate, MR-7A Dispatches within MSAs;individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches. Qwest Retail Results for products/services listed in Product Reporting under "Zone-type results Disaggregation" will be disaggregated according to trouble reports involving: MR-7D In Interval Zone 1 areas; and MR-7E In Interval Zone 2 areas. Unit of Measure: Percent Formula: ((Total trouble reports closed within the reporting period that had a repeated trouble report received within 30 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports Closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 69 MR-7 - Repair Repeat Report Rate (Continued) Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reportin~:Standards: MSA-TvDe Disaaareaation Resale Residential single line service Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform (UNE-Parity with retail Centrex P) (Centrex) Line Splitting Parity with Qwest Retail DSL Loop Splitting NOTE 1 Diagnostic Line Sharing AZ & CO: Parity with Qwest Retail DSL All Other States: Diagnostic Comparison with Qwest Retail DSL Sub-Loop Unbundling CO: Parity with RetailISDN-BRI All Other States: Diaqnostic Zone-TvDe Disaaareaation Resale Qwest DSL Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS11evei Dark Fiber - IOF Diagnostic Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line DS1-capable Loop Parity with retail OS 1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop.Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aqqreqate)Line services (aggregate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 70 MR-7 - Repair Repeat Report Rate (Continued) Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Targeted availability with July 2004 Reporting will begin at the time CLECs order results reported in September 2004 the product, in any quantity, for three consecutive months. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 71 MR-8 - Trouble Rate Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by produCt and compares them to the number of lines In service. Includes all trouble reports closed during the reporting period , subject to exclusions specified below. Includes all applicable trouble reports, including those that are out of service and those that are only service-affectinq. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLEC and Qwest Retail results Formula: ((Total number of trouble reports closed in the reporting period involving the specified service grouping) + (Total number of the specified services that are in service in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). For products measured from WFA data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 72 MR-8 - Trouble Rate (continued) Product Reporting:Standards: Resale Residential sinqle line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Qwest DSL Parity with Qwest DSL service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element -Parity with retail Centrex Platform(UNE-P) (Centrex) Line Splittinq Parity with retail Qwest DSL Loop Splittinq NU I t: 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line Service UDIT - Above DS1 level Parity with retail Private Lines above DS11evei Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-Qualified Loop Parity with retail Qwest DSL Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aqqreqate)(aggregate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail OS 1 Private Linelevel) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 , Page 73 MR.8 - Trouble Rate (continued) Availability: Available Notes:1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 74 MR-9 - Repair Appointments Met Purpose: Evaluates the extent to which Qwest repairs services for Customers by the appointment date and time. Description: Measures the percentage of trouble reports for which the appointment date and time is met. Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level. Comparisons: CLEC Results for listed services will be disaggregated and reported aggregate, individual according to trouble reports involving: CLEC and Qwest Retail MR-9A Dispatches within MSAsresults MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch , non-Qwest (includes CPE, Customer Instruction , Carrier, Alternate Provider). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time by using the rescheduled appointment time to determine if the repair appointment is met. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Parity Resale: Residential single line service Business single line service Centrex Centrex 21 PBX Trunks Basic ISDN Unbundled Elements - Platform (UNE- (POTS) Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 75 MR-10 Customer and Non-Qwest Related Trouble Reports Purpose: Evaluates the extent that trouble reports were customer related, and provides diagnostic information to help address potential issues that might be raised by the core maintenance and repair performance indicators. Description: Measures the percentage of all trouble reports that are attributed to the customer as a percentage of all trouble reports resolved during the reporting period, subject to exclusions specified below. Includes trouble reports closed during the reporting period coded as follows: For products measured from MT AS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non- Dispatch , non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble reports involving a "no access" delay for MSA type disaggregated products. For products measured from WFA (Workforce Administration) data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLEC and Qwest Retail results Formula: ((Number of Trouble Reports coded to disposition codes specified above) + (Total Number of Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Subsequent trouble reports of any trouble before the original trouble report is closed Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 76 MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reporting:Standards: Resale Residential single line service Diagnostic Business sinqle line service Diaqnostic Centrex Diagnostic Centrex 21 Diagnostic PBX Trunks Diaqnostic Basic ISDN Diagnostic Qwest DSL Diaqnostic Unbundled Network Element - Platform Diagnostic (UNE-P) (POTS) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex) Resale Primary ISDN Diagnostic DSO Diagnostic DS1 Diaqnostic DS3 and higher bit-rate services Diagnostic (aqqreqatef Frame Relay Diaqnostic LIS Trunks Diagnostic Unbundled Dedicated Interoffice Transport (UDlT) UDIT - DS1 level Diaqnostic UDIT - Above DS1 level Diagnostic Unbundled Loops: Analoq Loop Diaqnostic Non-loaded Loop (2-wire)Diagnostic Non-loaded Loop (4-wire)Diaqnostic OS 1-capable Loop Diagnostic xDSL-capable Loop Diaqnostic ISDN-capable Loop Diagnostic ADSL-Qualified Loop Diaqnostic Loop types of DS3 and higher bit-rates Diagnostic (aggregate) E911/911 Trunks Diagnostic Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 77 MR-11 - LNP Trouble Reports Cleared within 24 Hours Purpose: Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which residence and business, disconnect-related , out-of-service trouble reports are cleared within four business hours and all LNP-related trouble reports are cleared within 48 hours. Description: MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and business, out-of-service trouble reports that are cleared within four business hours of Qwest receiving these trouble reports from CLECs. Includes only trouble reports that are received on or before the currently-scheduled due date of the actual LNP-related disconnect time/date, or the next business da , that are confirmed to be caused by disconnects being made before the scheduled time, and that are closed during the reporting period, subject to exclusions specified below. MR-11 B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours of Qwest receiving these trouble reports from CLECs. Includes all LNP-only trouble reports, received within four calendar days of the actual LNP- related disconnect date and closed during the reporting period. The "currently-scheduled due date/time" is the original due date/time established by Qwest in response to GLEe/customer request for disconnection of service ported via LNP or, if CLEC submits to Qwest a timely or untimely request for delay of disconnection, it is the GLEe/customer-requestedlater date/time. . A request for delay of disconnection is considered timely if received by Qwest before 8:00 p.m. MT on the due date that Qwest has on record at the time of the request. . A request for delay of disconnection is considered untimely if received by Qwest after 8:00 p.m. MT on the due date and before 12:00 p.m. MT (noon) on the day after the due date Time measured is from the date and time Qwest receives the trouble report to the date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Aggregate and Individual CLEC Disaggregation Reporting: Statewide level (all are non-dispatched" Formula: MR-11A = ((Number of specified out-of-service LNP-only Trouble Reports, for LNP-related troubles confirmed to be caused by disconnects, that Qwest executed before the currently-scheduled due date/time, that were closed in the reporting period and cleared within four business hours) + (Total Number of specified out of service LNP-only Trouble Reports for LNP-related troubles confirmed to be caused by disconnects that Qwest executed before the currently- scheduled due date/time, that were closed in the reporting period)) x 100 MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were cleared within 48 hours) + (Total Number of specified LNP-only Trouble Reports closed in the reporting period)) x 100 Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 78 MR-11 - LNP Trouble Reports Cleared within 24 Hours (Continued) Exclusions: Trouble reports attributed to customer or non-Qwest reasons Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. Subsequent trouble reports of LNP trouble before the original trouble report is closed. For MR-11B only: Trouble reports involving a "no access" delay. Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID. Product Reporting: LNP Standards: MR-11A: If OP-17 result meets its standard, the MR-11A standard is Diagnostic. If OP-17 result does not meet its standard , the MR-11A standard is as follows: For 0-20 trouble reports : No more than 1 ticket cleared in ;:. four business hours For;:. 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business MR-11 B: For 0-20 trouble reports : No more than 1 ticket cleared;:. 48 hours For;:. 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business * Based on MR-11A denominator. Availability: Available ** Based on MR-11 B denominator. Notes: Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 79 Billing 81-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which Qwest provides recorded daily usage records to CLECs. Description: Measures the average time interval from date of recorded daily usage to date usage records are transmitted or made available to CLECs as applicable. BI-1A - Measures recorded daily usage for UNEs and Resale and includes indust standard electronically transmitted usage records for feature group switched access N TE 1 local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided within four days. This includes usage created by the CLEC and Qwest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group , Feature Group 0, Phone to Phone IP Telephony, 8XX access, and 900 access and their successors or similar Switched Access services. BI-1C - Provides separate reporting for two elements captured in BI-1A above, as follows: . BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industrY standard electronically transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below. . BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use . basis, subject to exclusions specified below.Reporting Period: One month Unit of Measure: BI-, BI-1C-, BI-1C-2: Average Business Da BI-1B: Percent Disaggregation Reporting: State level.Reporting Comparisons: CLEC aggregate individual CLECs, and Qwest Retail results Formula: BI-, BI-1C-, BI-1C-2 (for specified products & records) = L:(Date Record Transmitted or made available -Date Usage Recorded) + (Total number of records) BI-1B = ((# of daily usage records for Jointly provided switched access sent within four days) + (Total daily usage records for Jointly provided switched access in the report period)) x 100 Exclusions: Instances where the CLEC requests other than daily usage transmission or availability. Duplicate records. Product Reporting: . UNEs and Resale . Jointly-provided Switched Access Standards: BI-1A: Parity with Qwest retail. BI-1B: 95% within 4 business days BI-1C-, BI-1C-2: Diagnostic Comparison with the Qwest Retail results used in standard for BI- Availability: Available Notes:1. "Feature group switched access" includes all type 11 OXXX detail records for Feature Groups A, B, C, and D. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 80 81-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bills to CLECs, focusinq on the percent delivered within ten calendar davs. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bill date and bill delivery. Includes all industry standard electronically transmitted invoices for local exchange services and toll, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level Retail/CLEC results (Parity by design) Formula: ((Count of Invoices for which Bill Transmission Date to Bill Date is ten calendar days or less) + (Total Number of Invoices)) x100 Exclusions: Bills transmitted via paper, magnetic tape, CD-ROM, diskette. Records with missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: UNEs and Resale Parity by design. Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 81 BI-3 - Billing Accuracy - Adjustments for Errors Purpose: Evaluates the accuracy with which Qwest bills CLECs, focusing on the percentage of billed revenue adjusted due to errors. Description: Measures the billed revenue minus amounts adjusted off bills due to errors, as a percentage of total billed revenue. Both the billed revenue and amounts adjusted off bills due to error are calculated from bills rendered in the reporting period. Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the reporting period that involve, either in part or in total, adjustment codes related to billing errors. (Each adjustment thus qualifvinq is added to the sum in its entirety. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: State level. individual CLECs, and Qwest Retail results Formula: (L:(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bills Due to Errors) + (Total Billed Revenue billed in Reporting Period)) x 100 Exclusions: . BI-3A - UNEs and Resale - None . BI-3B - Reciprocal Compensation Minutes of Use - Billing adjustments as a result of GLEe-caused errors in return of minutes of use Product Reporting:Standards: BI-3A - UNEs and Resale BI-3A - UNEs and Resale: Parity with Qwest BI-3B - Reciprocal Compensation Minutes of retail bills. Use (MOU)BI-3B - Reciprocal Compensation (MOU) - 95% Availability:Notes: Available Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 82 BI-4 - Billing Completeness Purpose: UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and recurring charges associated with completed service orders on the bills. Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Qwest's network on the bills. Description: BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges associated with completed service orders appear on the correct bill.* BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local minutes of use appearing on the correct (current) bill.* * Correct bill = next available bill Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLECs, and Qwest Retail results Formula: BI-4A - UNEs and Resale = (L(Count of service orders with non-recurring and recurring charges associated with completed service orders on the bills that are billed on the correct bill + total count of service orders with non-recurring and recurring charges associated with completed service orders billed on the bill)) x 100 BI-4B - Reciprocal Compensation MOU = (L(Revenue for Local Minutes of Use billed on the correct* bill + Total revenue for Local Minutes of Use collected during the month)) x 100 Exclusions: None Product Reporting:Standards: UN Es and Resale BI-4A - UNEs and Resale: Parity with Qwest Reciprocal Compensation (MOU)Retail bills. BI-4B - Reciprocal Compensation (MOU): 95% Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 83 Database Updates DB-1 - Time to Update Databases Purpose: Evaluates the time required for updates to the databases of E911 , LlDB , and Directory Builder. Description: Measures the average time required to update the databases of E911 , LlDB, and Directory Builder. Includes all database updates as specified under Disaggregation Reporting completed during the reporting period. For DB-1A the time to update the E911 database is provided by the third party vendor that performs the update. The elapsed time is captured automatically by the database system. There are no "individual E911 database update records" provided with which to measure the database update process. The numerator of DB-1A is calculated by multiplying the vendor-calculated results (Average Minutes in Process Time) by the denominator (Count of records Processed). This method produces a result from the vendor data that is the same as that which would be produced by totalling the update times from individual E911 database update records. Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. LlDB & Directory Listings - Seconds Disaggregation Reporting: DB-1A: E911 for Qwest Retail and Reseller GLEe-State level DB-1B: LlDB for Qwest Retail, Reseller CLEC and Facilities Based CLEC - Multi state region-wide level DB-1 C-1: Listings for all Provider types including Qwest Retail, Reseller CLEC, and Facilities Based CLEC, ILEC and Unknown Provider, Electronically Submitted, Electronically Processed- Sub-region applicable to state Reporting Comparisons: DB-1A - E911: Combined results for Qwest Retail and Reseller CLEC Aggregate; DB-1B - LlDB: Combined results for all Qwest Retail, Reseller CLEC and Facilities Based CLEC updates; DB-1C-1 - Listings: Combined results for all Provider types including Qwest Retail, Reseller CLEC, and Facilities Based CLEC, ILEC and Unknown Provider, Electronically Submitted Electronically Processed updates. NOTE 1 Formula: L((Date and Time of database update for each database update as specified under Disaggregation Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database for each database update as specified under Disaggregation Reporting in the reporting period)) + Total database updates as specified under Disaggregation Reporting completed in the reporting period Exclusion: Invalid start/stop dates/times. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 84 DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1A-E911: Parity by design DB-1B-LlDB: Parity by design DB-1 C-1 - Listings: Parity by design Availability:Notes: Available Because they cannot be separated, results for Qwest Retail, Reseller CLEC, Facilities-based CLECs, ILEC and Unknown Provider updates are reported combined within these disaggregations. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 85 DB-2 - Accurate Database Updates Purpose: Evaluates the accuracy of database updates completed without errors in the reporting period. Description: Measures the percentage of database updates completed without errors in the reporting period. Includes all database updates as specified under Disaggregation Reporting completed during th reporting period. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: DB-2C-1 Listings - Combined results for all DB-2C-, Listings for Qwest Retail , Reseller Qwest Retail, Reseller CLEC and Facilities-CLEC , and Facilities-Based CLEC Electronically Based CLEC Electronically Submitted Submitted, Electronically Processed updates: Electronically Processed updates Statewide Formula: ffotal database updates as specified under Disaggregation Reporting completed without errors in the reporting period + Total database updates as specified under Disaggregation Reporting completed in the reporting period) x 100 Exclusions: Invalid start/stop dates/times. Product Reporting:Standards: Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1 Availability:Notes: Available Qwest retail and Reseller CLECs are parity by design. Because Facilities-based CLEC Electronically Submitted, Electronically Processed cannot be separated out from Reseller CLECs they are reported combined within this disaggregation. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 86 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwest's Directory Assistance operators, focusing on how lonq it takes for calls to be answered. Description: Measures the average time following first ring until a call is first picked up by the Qwest agent/system to answer Directory Assistance calls. Includes all calls to Qwest directory assistance during the reporting period. Because a system (electronic voice) prompts for city, state , and listing requested before the actual operator comes on the line, the first ring is defined as when the voice response unit places the call into queue. Measurements are taken by sampling calls from the network queue at 10-second intervals. A count of calls in the queue is taken for every sampling event (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval. However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Qwest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state Formula: 1:((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard: Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 87 Operator Services OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Qwest's operators, focusing on how long it takes for calls to be answered. Description: Measures the time following first ring until a call is answered by the Qwest agent. Includes all calls to Qwest's operator services during the reporting period, subject to exclusions specified below. Measurements are taken by sampling calls from the network queue at 10-second intervals. A count of calls in the queue is taken for every sampling event (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting: are aggregated in a single measure.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard:Parity by design Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 88 Network Performance NI-1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices, compared with the completion of calls from Qwest end offices to other Qwest end offices , focusing on average busy-hour blockin ercenta es in interconnection or interoffice final trunks. Description: Measures the percentage of trunks blocking in interconnection and interoffice final trunks. Includes blocking percentages on all direct final and alternate final interconnection and interoffice trunk rou s that are in service durin the re ortin eriod , sub.ect to exclusions s ecified below. Reporting Period: One month Unit of Measure: Percent Blockage Reporting Comparisons: CLEC aggregate individual CLEC, and Qwest Interoffice trunk blocking results. Disaggregation Reporting: Statewide level. Reports the percentage of trunks blocking in interconnection final trunks, reported by: NI-1A Interconnection (LIS) trunks to Qwest tandem offices, with TGSR- related exclusions applied as specified below; NI-1 B LIS trunks to Qwest end offices, with TGSR-related exclusions applied as specified below; NI-1C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; NI-1D LIS trunks to other Qwest end offices, without TGSR-related exclusions. Formula: ~(L:(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)l+ (Total Number of Final Trunk Circuits in all Final Trunk Groups)) x 100 Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being measured. Exclusions: For NI-1A and NI-1B onl Trunk groups, blocking in excess of one percent in the reporting period, for which: A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or CLECs do not submit, within 20 calendar days of receiving a TGSR:a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE 3 b) Trouble Reports; orc) Notification of traffic re-routing (as described in Note 1 below). For NI-NI-NI-and NI-1D: Trunk groups, blocking in excess of one percent in the reporting period, for which Qwest can identify, in time to incorporate in the regular reporting of this measurement, the cause as being attributable to: Trunk group out-of-service conditions arising from cable cuts , severe weather, or force majeure circumstances; The CLEC placing trunks in a "busy" condition; Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not provide a timely forecast to Qwest. (This portion of the exclusion is limited to being applied in (a) the month the LIS requests could not be fulfilled, due to lack offacilities, and (b) each month thereafter up to the month following facility availability OR to five months after the month the LIS requests could not be fulfilled, whichever is sooner NOT 4); or Isolated incidences of blocking, about which Qwest provides notification to the CLEC, that (a) are not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by CLEC or Qwest, and c thus, do not re uire an actionable TGSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 89 NI-1 - Trunk Blocking (Continued) . Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review period. Toll trunks, non-final trunks, and trunks that are not connected to the public switched network. . One-way trunks originating at CLEC end offices. . Qwest official services trunks, local interoffice operator and directory assistance trunks, and local interoffice 911/E911 trunks. Records with invalid product codes. . Records missinq data essential to the calculation of the measurement per the PID. Product Reporting: Standards:LIS Trunks Where NI-1A~ 1%: Where NI-1A:;. 1%: Where NI-1B ~ 1%: Where NI-1B:;. 1%: NI-1C and NI-1D: 1 % . Parity with Qwest Interoffice Trunks to tandems 1 % Parity with Qwest Interoffice Trunks to end offices Diagnostic NOTE Availability: Available Notes: 1. Qwest uses TGSRs to notify CLECs when trunk blocking exceeds standard thresholds or is determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking, (b) notify Qwest within 20 days that it is initiating a Trouble Report where Qwest traffic routing problems are causing the blocking referenced by the TGSR, or (c) notify Qwest that the CLEC will undertake its own re-routing of traffic within 20 days to alleviate the blocking. 2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in the month in which the above-specified 20-day response period ends. Thus, any trunk group excluded in one month will not be excluded in the next month, unless there is (a) a 20-day period following a TGSR ends in that month, (b) there is another TGSR applicable to the next month for the same trunk group or (c) an exception documented , in lieu of issuing a subsequent TGSR, where the CLEC's response to the previous TGSR indicated that, for its own reasons, it plans to take no action at any time to augment the trunk group. 3. CLEC delays are reflected by GLEe-initiated order supplements that move the due date later. a) Qwest-initiated due date delays, including supplements made pursuant to Qwest requests to delay due dates, shall not be counted as CLEC delays in this measurement. b) Qwest-initiated due date changes to earlier dates that the CLEC does not meet shall not be counted as a CLEC delay in this measurement unless the earlier dates were mutually agreed-upon. c) CLEC delays (e. , " customer not ready" in advance of a due date) that do not contribute to a Qwest-established due date being missed shall not be counted as a CLEC delay in this measurement. 4. The limitation on part (3) of this exclusion is intended to bound its applicability to a period of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the facilities needed. a) Given that forecast advance intervals are currently six months, this provision allows the exclusion to apply for no longer than that period of time. b) Nevertheless, this limitation to the exclusion also recognizes that facilities may become available sooner and, if so, reduces the limitation accordingly. In that context, this limitation recognizes that, absent a CLEC forecast, Qwest still retains a responsibility to provide facilities for the ASR, although in a longer timeframe than for ASRs covered by forecasts. NI-1C and NI-1D will be reported for information purposes only, with no standard to be applied. c) This limitation may change depending on the outcome of separate workshops dealing with issues of interconnection forecasting. 5. NI-1C and NI-1 0 will be reported for information purposes only, with no standard to be applied. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 90 NP-1 - NXXCode Activation Purpose: Evaluates the timeliness of Qwest's NXX code activation prior to the LERG effective date or by the revised" effective date, as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-1B: Measures the percentage of NXX codes activated in the reporting period that are delayed beyond the LERG date or "revised" date due to Qwest-caused Interconnection facility delays subject to exclusions shown below. Included among activations counted as a Qwest delay in this sub-measurement are cases in which "6 codes" NOTE 1 associated with the Qwest interconnection facilities are provided late by Qwest to the CLEC. . Qwest must receive complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation no less than 25 days prior to the LERG Due Date or Revised Due Date. . The "revised" date, for purposes of this measurement, is a GLEe-initiated renegotiation of the activation effective date that is no less than 25 days after Qwest receives complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation. . The NXX code activation notice is provided by the LERG (Local Exchange Routing Guide) to Qwest. . NXX code activation is defined as complete when all translations associated with the new NXX are complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if different than the LERG date). The NXX code activation completion process includes testing, including calls to the test number when provided. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results. Formula: NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective date or the "revised" date) + (Number of NXX codes loaded and tested in the reporting period)) x 100 Disaggregation Reporting: Statewide. NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Qwest Interconnection Facility Delays) + (Number of NXX codes loaded and tested in the reporting period, including NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or the "revised" date due to Interconnection Facility Delays)) x 100 Exclusions: NP-1A: NXX code activations completed after the LERG date or "revised" date due to delays in the installation of Qwest provided interconnection facilities associated with the activations. NOTE 2 NP-1A and NP-1B: NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than industry standard (currently 45 calendar days). NXX codes where QWEST received complete and accurate routing information required for code activations less than 25 days prior to the LERG due date or Revised due date. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 91 NP-1 - NXX Code Activation (continued) Product Reporting: None Standards: NP-1A: Parity NP-1B: Diaqnostic Availability:Notes: Available 6 codes" are industry-standard designators for local interconnection trunk groups, consisting of 2 alpha letters and six numeric digits. Only Qwest-provided interconnection facilities are noted in this exclusion, because delays related to facilities provided by CLECs or others are accounted for by revising the due date. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 92 Collocation CP-1 - Collocation Completion Interval Purpose: Evaluates the timeliness of Qwest's installation of collocation arrangements for CLECs, focusing on the averaqe time to complete such arrangements. Description: Measures the interval between the Collocation Application Date and Qwest's completion of the . collocation installation. Includes all collocations of types specified herein that are assigned a Ready for Service (RFS) date by Qwest and completed during the reporting period , subject to exclusions specified below. Collocation types included are: physical cageless, fhysical caged, shared physical caged, physical- line sharing, cageless-line sharing, and virtual. NOT 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications include conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. Completion of the collocation installation is the date on which the requested collocation arrangement is Ready For Service" as defined in the Definition of Terms section herein. Establishment of RFS Dates: RFS dates are established according to intervals specified in interconnection agreements. Where an interconnection agreement does not specify intervals, or where the CLEC requests, RFS dates are established as follows: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the Collocation Application Date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations : 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 93 CP-1 - Collocation Completion Interval (continued) collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest '60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Collocations sical virtual forecasted or unforecasted uirin Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation, the need for and the duration of, such extended intervals. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state, completion intervals will be individually negotiated. These collocation arrangements will be included in CP- , - 1 B, or -1C according to the interval criteria specified below for these measurements. Where there is a GLEe-caused delay, the RFS Date is rescheduled . RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond Qwest's control, but not for Qwest reasons. . Where CLECs do not accept the quote within thirty days of the quote date, the application is considered expired. CP-Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 90 calendar days or less. CP-1 B Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 91 to 120 calendar days. CP-1C Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 121 to 150 calendar days. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide. Formula: (for CP-, CP-1B and CP-1C) L((Coliocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 94 CP-1 - Collocation Completion Interval (continued) Exclusions: . CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date. . CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91 calendar days or longer than 120 calendar days from Collocation Application Date to RFS date. . CP-1C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. lications. Standards: CP-1A: 90 calendar days CP-1 B: 120 calendar days CP-1C: 150 calendar da s Availability: Available Notes: 1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (Le., six months of experience from first installations), and ordered in volumes warranting re ortin Le., consistentl more than two er month in an state. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 95 CP-2 - Collocations Completed within Scheduled Intervals Purpose: Evaluates the extent to which Qwest completes collocation arrangements for CLECs within the standard intervals or intervals established in interconnection aqreements. Description: Measures the percentage of collocation applications that are completed within standard intervals , including intervals set forth in interconnection agreements. Includes all collocations of types specified herein that are assigned a Ready for Service Date RFS date Qwest and that are completed within the reporting period, including those with GLEe-requested RFS dates longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including supplemented collocation orders that extend the RFS date) subject to exclusions specified below. Collocation types included are: physical ca~eless, physical caged , shared physical caged , physical-line sharing, cageless-line sharing, and virtual. OTE 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. . A collocation arrangement is counted as met under this measurement if its RFS date is met. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection agreements require different intervals, in which case the intervals specified in the interconnection agreements apply: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for physical collocations for which the CLEC provides a complete forecast to Qwest 60 or more .calendar days in advance of the Collocation Application Date. Unforecasted Collocations:120 calendar days after the Collocation Application Date for physical collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations:75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 96 CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Collocations sical virtual forecasted or unforecasted uirin or Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation, the need for, and the duration of such extended intervals. . When a CLEC submits six (6) or more Collocation applications in a one-week period in any state completion intervals will be individually negotiated. These collocation arrangements will be included in CP- , - , or -2C according to the criteria specified below for these measurements. . Where there is a GLEe-caused delay, the RFS Date is rescheduled. . Where CLECs do not accept the quote within thirty calendar days of the quote date , the application is considered expired. CP-Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-All Collocations requiring Major Infrastructure Modifications and Collocations with intervals longer than 120 days: Measures all collocation installations requiring Major Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar days after the Collocation Application Date. Reporting Comparisons: CLEC aggregate and individual CLEC results I Unit of Measure: Percent Disaggregation Reporting: Statewide level. Reporting Period: One month Formula: (for CP-, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) + (Total Number of Collocations Completed in the Reporting Period)) x 100 Exclusions: . RFS dates missed for reasons beyond Qwest's control. Cancelled or expired requests. Product Reporting: None Standards: CP-2A & -2B: 90% CP-2C: 90% Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 97 CP-2 - Collocations Completed within Scheduled Intervals (continued) Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized , accepted, mature (Le., six months of experience from first installations), and ordered in volumes warranting re ortin Le., consistentl more than two er month in an state. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 98 CP-3 - Collocation Feasibility Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibility study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation. Includes feasibility studies, for collocations of types specified herein that are completed in the reporting period , subject to exclusions specified below. Collocation types included are: physical cage less, ~hysical caged , shared physical caged , physical-line sharing, cageless-line sharing, and virtual. NOT Interval begins with the Collocation Application Date and ends with the date Qwest completes the Feasibility Study and provides it to the CLEC. The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da followinq the weekend or holiday. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide level. individual CLEC results Formula: L((Date Feasibility Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibility Study)) + (Total Feasibility Studies Completed in the Reporting Period) Exclusions: GLEe-caused delays of, or CLEC requests for feasibility study completions resulting in greater than ten calendar days from Collocation Application Date to scheduled feasibility study completion date. Product Reporting: None Standard:10 calendar days or less Availability:Notes: Available Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms conditions, and processes for such collocation types become finalized , accepted, mature (Le., six months of experience from first installations), and ordered in volumes warranting reporting (Le. consistently more than two per month in any state). Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 99 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Qwest completes the sub-process function of providing a collocation feasibility study to the CLEC as committed. Description: Measures the percentage of collocation feasibility studies for installations that are completed within the Scheduled Interval The Scheduled Interval is ten calendar days from the Collocation Application Date or, if interconnection agreements call for different intervals, within intervals specified in the agreements or if otherwise delayed by the CLEC, the interval resulting from the delay. Includes all feasibility studies for collocations of types specified herein, that are completed in the reporting period. Collocation types included are: physical cageless, physical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtual. NOTE 1 Considers the interval from the Collocation Application Date to the date Qwest completes the Feasibility Study and provides it to the CLEC. . The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da following the weekend or holiday. Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six (6) or more Collocation applications in a one-week period in any state, feasibility study intervals will be individually negotiated and the resulting intervals used instead of ten calendar days in this measurement. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Formula: ((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) + (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (Le. six months of experience from first installations), and ordered in volumes warranting reporting (Le., consistently more than two per month in any state). Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 100 DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Qwest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order subject to the following: For the following types of requests/orders, the application date (and time) is the start of the next business day: (1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number Portability (except non-designed , flow-through LNP). (2) Retail orders received after 3:00 PM local time for Designed Services. (3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design Resale Centrex, non-designed UNE-, Unbundled Loops, and non-designed, flow-through LNP. (4) Retail orders for comparable non-designed services cannot be received after closing time, so the cutoff time is essentially the business office closing time. For all types of orders that are received from Friday at 7:00 PM MT through Sunday, or on holidays, and do not flow through, the application date (and time) is the next, non-weekend business day. Automatic Location Information (All) - The feature of E911 that displays at the Public Safety Answering Point (PSAP) the street address of the calling telephone number. This feature requires a data storage and retrieval system for translating telephone numbers to the associated address. All may include Emergency Service Number (ESN), street address, room or floor, and names of the enforcement, fire and medical agencies with jurisdictional responsibility for the address. The Management System (E911) database is used to update the Automatic E911 Location Information databases. Bill Date - The date shown at the top of the bill, representing the date on which Qwest begins to close the bill. Blocking - Condition on a telecommunications network where, due to a maintenance problem or an traffic volumes exceeding trunking capacity in a part of the network, some or all originating or terminating calls cannot reach their final destinations. Depending on the condition and the part of the network affected , the network may make subsequent attempts to complete the call or the call may be completely blocked. If the call is completely blocked , the calling party will have to re-initiate the call attempt. Business Day - Workdays that Qwest is normally open for business. Business Day = Monday through Friday, excluding weekends and Qwest published Holidays including New Year s Day, Memorial Day, July 4 , Labor Day, Thanksgiving and Christmas. Individual measurement definitions may modify (typically expanding) this definition as described in the Notes section of the measurement definition. Cleared Trouble Report - A trouble report for which the trouble has been cleared, meaning the customer is "back in service Closed Trouble Report - A trouble report that has been closed out from a maintenance center perspective , meaning the ticket is closed in the trouble reporting system following repair of the trouble. Code Activation (Opening) - Process by which new NPAlNXXs (area code/prefix) is defined through software translations to network databases and switches, in telephone networks. Code activation (openings) allow for new groups of telephone numbers (usually in blocks of 10 000) to be made available for assignment to an ILEC's or CLEC's customers, and for calls to those numbers to be passed between carriers. Common Channel Signaling System 7 (CCSS7) - A network architecture used to for the exchange of signaling information between telecommunications nodes and networks on an out-of-band basis. Information exchanged provides for call set-up and supports services and features such as CLASS and database query and response. Common Transport - Trunk groups between tandem and end office switches that are shared by more than one carrier, often including the traffic of both the ILEC and several CLECs. Completion - The time in the order process when the service has been provisioned and service isavailable. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 101 DEFINITION OF TERMS (continued) Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the requested service order activity is complete. Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC the CLEC, and the customer so that work activities can be performed on a coordinated basis under the direction of the receiving carrier. Customer Requested Due Date - A specific due date requested by the customer which is either shorter or longer than the standard interval or the interval offered by the ILEC. Customer Trouble Reports - A report that the carrier providing the underlying service opens when notified that a customer has a problem with their service. Once resolved, the disposition of the trouble is changed to closed. Dedicated Transport - A network facility reserved to the exclusive use of a single customer, carrier or pair of carriers used to exchange switched or special, local exchange, or exchange access traffic. Delayed Order - An order which has been completed after the scheduled due date and/or time. Directory Assistance Database - A database that contains subscriber records used to provide live or automated operator-assisted directory assistance. Including 411 , 555-1212, NPA-555-1212. Directory Listings - Subscriber information used for DA and/or telephone directory publishing, including name and telephone number, and optionally, the customer s address. DS-O - Digital Service Level O. Service provided at a digital signal speed commonly at 64 kbps, but occasionally at 56 kbps. DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps. DS-3 - Digital Service Level 3. Service provided at a digital signal speed of 44.736 Mbps. Due Date - The date provided on the Firm Order Confirmation (FOC) the ILEC sends the CLEC identifying the planned completion date for the order. End Office Switch - A switch from which an end users' exchange services are directly connectedand offered. Final Trunk Groups - Interconnection and interoffice trunk groups that do not overflow traffic to other trunk groups when busy. Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has received the CLECs service request, created a service order, and assigned it a due date. Flow-Through -The term used to describe whether a LSR electronically is passed from the OSS interface system to the ILEC legacy system to automatically create a service order. LSRs that do not flow through require manual intervention for the service order to be created in the ILEC legacy system. Interval Zone 1/Zone 2 - Interval Zone 1 areas are wire centers for which Qwest specifies shorter standard service intervals than for Interval Zone 2 areas. Installation - The activity performed to activate a service. Installation Troubles - A trouble, which is identified after service order activity and installation, has completed on a customer s line. It is likely attributable to the service activity (within a defined time period). Interconnection Trunks - A network facility that is used to interconnect two switches generally of different local exchange carriers Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types, additional lines/circuits consist of all C orders with "I" and 'T' action coded line/circuit USOCs that represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC CLEC. Jeopardy - A condition experienced in the service provisioning process which results potentially in the inability of a carrier to meet the committed due date on a service order Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been identified. lack of Facilities - A shortage of cable facilities identified after a due date has been committed to a customer, including the CLEC. The facilities shortage may be identified during the inventory assignment process or during the service installation process, and typically triggers a jeopardy. local Exchange Routing Guide (lERG) - A Bellcore master file that is used by the telecom industry to identify NPA-NXX routing and homing information, as well as network element and equipment designations. The file also includes scheduled network changes associated with activity within the North American Numbering Plan (NANP).local Exchange Traffic - Traffic originated on the network of a LEC in a local calling area that terminates to another LEC in a local calling area. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 102 DEFINITION OF TERMS (continued) Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portability) - A network technology which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer s telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting. Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSA/Non-MSA - Metropolitan Statistical Area is a government defined geographic area with a population of 50 000 or greater. Non-Metropolitan Statistical Area is a government defined geographic area with population of less than 50 000. Qwest depicts MSA Non-MSA based on NPA NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA. Mechanized Bill - A bill that is delivered via electronic transmission. NXX, NXX Code or Central Office Code....:. The three digit switch entity indicator that is defined by the " , " , and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code contains 10 000 station numbers. . Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and business services. Can include feature capabilities (e., CLASS features). Projects - Service requests that exceed the line size and/or level of complexity which would allow for the use of standard ordering and provisioning processes. Generally, due dates for projects are negotiated, coordination of service installations/changes is required and automated provisioning may not be practical. Query Types - Pre-ordering information that is available to a GLEC that is categorized according to standards issued by OBF and/or the FCC. Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement when all "operational" work has been completed. Operational work consists of the following as applicable to the particular type of collocation: . Cage enclosure complete; . DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place, and cables between the CLEC and power terminated); Primary AC outlet in place; Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel serving the CLEC). and The following items complete, subject to the CLEC having made required payments to Qwest (e., final payment): (If the required CLEC payments have not been made, the following items are not required for RFS): Key turnover made available to CLEC. APOT/CFA complete, as defined/required in the CLEC's interconnection agreement and Basic telephone service and other services and facilities complete, if ordered by CLEC in time to be provided on the scheduled RFS date (per Qwest's published standard installation intervals for such telephone service). Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically determined by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when collocation installation is scheduled to be ready for service, as defined above. Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected service request must be corrected and re-submitted before provisioning can begin. Repeat Report - Any trouble report that is a second (or greater) report on the same telephone number/circuit 10 and at the same premises address within 30 days. The original report can be any category, including excluded reports, and can carry any disposition code. Service Group Type - The designation used to identify a category of similar services , . , UNE loops. Service Order - The work order created and distributed in ILECs systems and to ILEC work groups in response to a complete, valid local service request. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 103 DEFINITION OF TERMS (continued) Service Order Type - The designation used to identify the major types of provisioning activities associated with a local service request. Standard Interval - The interval that the (LEC publishes as a guideline for establishing due dates for provisioning a service request. Typically, due dates will not be assigned with intervals shorter than the standard. These intervals are specified by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior to the date and time the initial report has a status of "closed. Tandem Switch - Switch used to connect and switch trunk circuits between and among Central Office switches. Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on customer s service to the time service is fully restored to the customer. Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including both new and conversions, involving POTS (Le., basic services providing dial tone). Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Office Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop Demarcation Point is defined as the point where Qwest owned or controlled facilities cease, and CLEC, end user, owner or landlord ownership of facilities begins. Usage Data - Data generated in network nodes to identify switched call data on a detailed or summarized basis. Usage data is used to create customer invoices for the calls. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 104 GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asymmetric Diqital Subscriber Line All Automatic Line Information (for 911/E911 systems) ASR Service Request (processed via Exact system) BRI Basic Rate Interface (type of ISDN service) CABS Carrier Access Billing System CKT Circuit CLEC Competitive Local Exchanqe Carrier Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer Service Record Directory Assistance Decibel Database DSO Digital Service 0 DS1 Diqital Service 1 DS3 Diqital Service 3 E911 MS E911 Manaqement System EAS Extended Area Service EB-Electronic Bonding - Trouble Administration EDI Electronic Data Interchanqe EELS Enhanced Extended Loops Emergency Services (for 911 /E911) FOC Firm Order Confirmation GUI Graphical User Interface HDSL Hiqh-Bit-Rate Diqital Subscriber Line HICAP High Capacity Digital Service IEC Interexchange Carrier ILEC Incumbent Local Exchanqe Carrier INP Interim Number Portability IOF Interoffice Facilities (refers to trunk facilities located between Qwest central offices) ISDN Integrated Services Digital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchanqe Routinq Guide LlDB Line Identification Database LIS Local Interconnection Service Trunks LNP Lonq Term Number Portability LSR Local Service Request Service Order Types - - N (new), T (to or transfer), C (change) NANP North American Numberinq Plan NOM Network Data Mover NPAC Number Portability Administration Center NXX Telephone number prefix OBF Orderinq and Billinq Forum Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 105 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION OOS Out of service (type of trouble condition) OSS Operations Support Systems PBX Private Branch Exchange PON Purchase Order Number POTS Plain Old Telephone Service PRI Primary Rate Interface (type of ISDN service) RFS Ready for Service (refers to collocation installations) SIA SAAFE (Strategic Application Architecture Framework and Environment) Information Access SOP Service Order Processor SOT Service Order Type SS7 Siqnalinq System 7 STP Signaling Transfer Point Telephone Number UDIT Unbundled Dedicated Interoffice Transport UNE Unbundled Network Element UNE-Unbundled Network Element - Platform VRU Voice Response Unit WFA Work Force Administration XDSL (x) Digital Subscriber Line. (The "" prefix refers to DSL generically. An "" replaced by an "A" refers to Asymmetric DSL , and by an "H" refers to High-bit-rate OSlo) Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 106 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN . RCYC FID associated with a call forwarding don t answer USOC that determines how many rings before the call forwards to the TN provided with the CFN or CFND FIDs. HLN (HLA Hot Line) FID associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FID. The data provided in the Feature Detail section on the LSR will be validated against the HLN FID on the service order to determine whether the FID is present and the TN provided on the LSR with the FID is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FID associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FID, along with the PCS telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FID on the service order to determine whether the FID is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number will follow the FID DES on the LSR in the Feature Detail section and on the service order. The DES FID along with the DID telephone number provided in the Feature Detail section on the LSR will be validated against the DES FID on the service order to determine whether the FID is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 107 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc. We currently have 9 custom ring USOCs on our PO-20 USCG list. Along with the custom ring USOC is the TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on the LSR will be validated against the TN FID on the service order to determine whether the FID is present and the custom ring telephone provided on the LSR with the FID is correct on the service order. (The validation would only apply if the USOC and FID were present in the Feature Detail section of the LSR. CAS (If provided on LSR for SEA) Call Screening Code Assignment is a FID associated with the selective class of call feature (which is on our USOC list to validate.) Along with the CAS FID is a two-digit number that indicates what type of screening is being requested. The CAS FID along with a two-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit number matches the two-digit number provided on the LSR. WW (if provided on LSR for TFM) Working With is a FID associated with the transfer mailbox feature (which is on our USOC list to validate. Along with the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the ten- digit number matches the ten-digit number provided on the LSR. MBOA (if provided on LSR for VFN) Mailbox out-dial notification is a FID associated with the message notification feature (which is on our USOC list to validate.) Along with the MBOA FID is a two-digit alphanumeric combination that indicates where the notification will be sent (Le., identifies pager type.) The MBOA FID along with the two-digit alphanumeric combination is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit alphanumeric matches the two-digit alphanumeric provided on the LSR. DES on VGT (if provided on LSR) Description is a FID associated with the scheduled greeting feature (which is on our USOC list to validate.) Along with the DES FID is a ten-digit telephone number that reflects the DID mailbox number. The DES FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. WL (WLS Warm Line) Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or two numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the connection for a warm line service number. The WL T FID along with the one or two numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one or two numeric value matches the one or two numeric value provided on the LSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 108 APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our USOC list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FID associated with the 800 service line feature. Along with the SIT FID is a ten-digit telephone number that reflects the 800, 888, 877, or 866 service line feature. The SIT FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. SIS (if provided on LSR for WFA) Special Identifying Telephone Number Supplemental is a FID associated with the 800 service line feature. The SIS FID along with a one-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one-digit number matches the one-digit number provided on the LSR. ELN (if provided on LSR for WFA) 800 Service listed name is a FID associated with the 800 service line feature. Along with the ELN FID is a listed name, which follows the format of a business name. The ELN FID along with the name is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FID associated with the 800 service line feature. Along with the ELA FID is an address, which follows the format of a listed address plus LATA, State, and ZIP code. The ELA FID along with the address is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the address matches the address provided on the LSR. AOS (if provided on LSR for WFA) Area of service is a FID associated with the 800 service line feature. Along with the AOS FID are one to two alphanumeric characters and three numeric characters which represents LATA and AC of the address. The AOS FID along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALC (if provided on LSR for WFA) IntraLATA carrier is a FID associated with the 800 service line feature. It indicates the IntraLATA carrier for the 800 service. Along with the ALC FID is the three-digit code (OTC) for the IntraLATA carrier. The ALC FID along with the three-digit code is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 109 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with SO3, SO5, SFB, C2T AX (Electronic Business Set USOCs which are on our USOC list to validate): KEY (If provided on LSR for Electronic Business Set EBS USOCs) Key Designation (KEY number) is a FID associated with the Electronic Business Set feature. Along with the KEY FID is a numeric value that indicates the key designated for different features or lines on the EBS. The KEY FID along with the numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the numeric value matches the numeric value provided on the LSR. MADN (If provided on LSR for Electronic Business Set EBS USOCs) Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic Business Set feature. Along with the MADN FID is a set of alpha values that indicate the type appearance and ring status desired for different features or lines on the EBS. The KEY FID along with the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha values match the alpha values provided on the LSR. ROL (If provided on LSR for Electronic Business Set EBS USOCs) Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is an alpha value that indicates if the line will ring (Y or N). The ROL FID along with the alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha value matches the alpha value provided on the LSR. TTYD (If provided on LSR for C2T AX) Terminal Type is a FID associated with the adjunct module feature. Along with the TTYD FID is a 4 character alpha value based on customer equipment. The TTYD FID along with the 4 character alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 110 APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC list to validate): CPG (If provided on LSR for E3PPK) Call Pickup Group is a FID associated with the CALL PICK-UP feature. Along with the CPG FID is a 1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1- digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 1- digit numeric value matches the 1-3 digit numeric value provided on the LSR. CPUO (If provided on LSR for E3PPK) Call Pickup-Originating is a FID associated with the CALL PICK-UP feature. Along with the CPUO FID is an alphanumeric value that identifies the call pickup group. The CPUO FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. CPUT (If provided on LSR for E3PPK) Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GW (Speed Call feature USOCs that are on our USOC list to validate): SCG (If provided on LSR for Speed call USOCs) Speed Call Group is a FID associated with the Speed call feature. Along with the SCG FID is a 7 digit numeric value that identifies the controller of the group. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the 'FIb is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7 digit numeric value provided on the LSR. CSL (If provided on LSR for Speed call USOCs) Change Speed Calling Group List is a FID associated with the Speed call feature. Along with the CSL FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the 2 digit numeric value matches 2 digit numeric value provided on the LSR. SCF (If provided on LSR for Speed call USOCs) Speed Calling Feature Name is a FID associated with the Speed call feature. Along with the SCF FID is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 111 EXHIBIT C See Qwest's Wholesale web-site for the Service Interval Guide. Exhibit C -Qwest Fourteen State Template Version 1.8, May 11 2005 Exhibit D Date General Information Provided by Qwest: General Agreement: BAN Number(must be assigned before processing): REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01 1. PURPOSE.The purpose of thjs General Information document js to share information and provjde or deny permjssjon to attach and maintain CLEC's facilities ("Facilitjes ) to Qwest Corporation s ("Qwest") Poles, to place Facilities on or within Qwest's Innerduct (collectjvely Polesllnnerduct") and to obtajn access to Qwest's private rjght of way ("ROW"), to the extent Qwest has the rjght to grant such access. Thjs General Informatjon is necessary to determjne jf Qwest can meet the needs of the CLEC's request but does not guarantee that physjcal space or access js currentlyayajlable. Permjssion wjll be granted on a first-come, first-serve basjs on the terms and condjtjons set forth in the approprjate agreement pertajning to "Poles/lnnerduct" PROCESS . The Qwest process is desjgned to provide the CLEC the information so as to assjst CLEC and Qwest to make Poles , Innerduct and ROW decisions in a cost-efficient manner. The Process has these djstinct steps: Inquiry Revjew - Attachment 1.A (Database Search).The CLEC is requested to review thjs document and return Attachment 1.A along with two copies of a map and the nonrefundable Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to cover Qwest's expenses associated wjth performjng an jnternal record (database) review preparjng a cost estjmate for the requjred field survey, settjng up an account, and determjning time frames for completjon of each task to meet the CLEC's Request Be sure a BAN number is assigned by the Qwest Service Support Representative for each request before sending an Attachment 1.A. To request a BAN number send an emajl requesting one to: wholesale.servicessupportteam~qwest.com. Include your name , company, phone number, email address, city and state of our jnquiry. A BAN number will be assigned to your inqujry and will be emailed to you along wjth other materjals. As jndicated on Attachment 1., a copy of the sjgned Attachment and maps of the desired route must be emajled to wholesale.servjcessupportteam(g)qwestcom while the fee must be sent to the Qwest CLEC Jojnt Use Manager with the original signed Attachment 1.A. The map should clearly show street names and highways along the entire route, and specific locatjons of entry and exit of the ROW/duct/pole system. Area Maps should be legjble and jdentify all sjgnificant geographjc characterjstics includjng, but not Ijmjted to, the followjng: Qwest central offices, streets, cjties, states, lakes, rivers, mountajns, etc. Qwest reserves the right to reject illegible or incomplete maps. If CLEC wishes to termjnate at a partjcular manhole (such as a POI) jt must be jndicated on the maps. For ROW: Sect jon, Range and Township, to the % section must also be provided. Qwest will complete the Inqujry revjew and prepare and return a Polesllnnerduct Verification/ROW Access Agreement Preparatjon Costs Quotation (Attachment 1.B) to the CLEC generally within ten (10) days or the appljcable federal or state law, rule or regulation that governs this Agreement in the state in which Innerduct attachment js requested. In the case of poles Qwest will assign a Fjeld Engineer and provide his/her name and phone number to the CLEC. The Field Engineer will check the local database and be available for a joint verificatjon with the CLEC. The Polesllnnerduct Verification/ROW Access Agreement Preparation Costs Quotation wjll be valid for thirty (30) calendar days from the date of quotatjon. The Inqujry step results only Qwest Idaho October 4, 2004 Page 1 Exhibit D jn the locatjon and mapping of Qwest facilitjes and does not jndicate whether space js avajlable. This information js provided with Attachment 1. In the case of ROW, Qwest will prepare and return a ROW jnformation matrix and a copy of agreements listed jn the ROW Matrjx, within ten (10) days. The ROW Matrix wjll identify (a) the owner of the ROW as reflected in Qwest's records , and (b) the nature of each ROW (Le., publjcly recorded and non-recorded). The ROW jnformatjon matrix will also jndjcate whether or not Qwest has a copy of the ROW agreement in its possession. Qwest makes no representatjons or warrantjes regardjng the accuracy of its records, and CLEC acknowledges that, to the extent that real property rjghts run with the land, the orjgjnal grantjng party may not be the current owner ofthe property. In the case of MDUs , Qwest will prepare and return 'an MDU jnformation matrjx, within ten (10) days, which will identjfy (a) the owner of the MDU as reflected in Qwest's records , and (b) whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific multi-dwelling unit that grants Qwest access to the multj-dwelling unjt jn its possession. Qwest makes no representations or warrantjes regarding the accuracy of jts records, and CLEC acknowledges that the orjginallandowner may not be the current owner of the property. Qwest will proyjde to CLEC a copy of agreements listed in the Matrices that have not been publicly recorded if CLEC obtains authorjzatjon for such disclosure from the third party owner(s) of the real property at jssue by an executed version of the Consent to Disclosure form , which js included in Attachment 4. Qwest will redact all dollar figures from copies of agreements listed jn the Matrjces that have not been publicly recorded that Qwest provjdes to CLEC. Alternatively, jn order to secure any agreement that has not been publjcly recorded, a CLEC may provjde a legally bindjng and satisfactory agreement to jndemnjfy Qwest jn the event of any legal action arjsjng out of Qwest's provjsion of such agreement to CLEC. In that event, the CLEC shall not be requjred to execute the Consent to Djsclosure form. If there is no other effective agreement (i.an Interconnection Agreement) between CLEC and Qwest concerning access to Poles, Ducts and ROW, then Attachment 3 must be executed by both parties jn order to start the Inqujry Review and jn order for CLEC to obtajn access to Poles Ducts and/or ROW. Attachment 1.(V.erification) & Attachment 4 (Access AQreement Preparation).Wjth respect to Poles and Innerduct, upon revjew and acceptance of signed Attachment 1.8 and payment of the estimated verjfication costs by the CLEC, Qwest will conduct faciljtjes verjficatjon and provide the requested jnformatjon whjch mayor may not jnclude the following: a review of public and/or jnternal Qwest rjght-of-ways records for restrictjons , identjfjcation of additional rights-of-way requjred; a field survey and sjte jnvestigation of the Innerduct, includjng the preparatjon of distances and drawjngs, to determine avajlabjljty on exjsting Innerduct; jdentjfication of any make-ready costs required to be paid by the CLEC, jf appljcable, prjor to installing its facilities. In the case of Poles, Attachment 1.8 orders the field verjficatjon whjch maybe done jointly. A copy of the sjgned Attachment 1.should be emajled to wholesale.servicessupportteam~qwest.com while the appropriate fees should be sent to the Qwest-CLEC Joint Use Manager wjth the orjgjnal sjgned Attachment 1.8. Upon completion of the verjfication, Attachment 2 will be sent to the CLEC by Qwest. Wjth respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the ROW conveyance consideration, Qwest will deljver to the CLEC an executed and acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access Qwest Idaho October 4, 2004 Page 2 Exhibit D Agreement"). In the event that the ROW in question was created by a publicly recorded document and Qwest has a copy of such document jn jts files, a copy of the Right-of-Way Agreement, as defined in the Access Agreement, wjll be attached to the Access Agreement and provided to the CLEC at the tjme of deljvery of the Access Agreement. If the ROW was created by a document that is not publicly recorded , or jf Qwest does not have a copy of the Rjght-of-Way Agreement jn jts possession , the Access Agreement will not have a copy of the Rjght-of-Way Agreement attached. If the ROW was created by a non-publjcly recorded document, but Qwest does not have a copy of the Rjght-of-Way Agreement jn its possession, the CLEC must obtain a copy of the Rjght-of-Way Agreement or other sujtable documentatjon reasonably satisfactory to Qwest to describe the real property jnyolved and the underlying rjghts givjng rise to the Access Agreement. Although Qwest will provjde the jdentjty of the orjginal grantor of the ROW , as reflected in Qwest's records , the CLEC is responsjble for determjning the current owner of the property and obtajnjng the proper sjgnature and acknowledgement to the Access Agreement. If Qwest does not have a copy of the Rjght-of-Way Agreement jn its records, jt is the responsjbjljty of the CLEC to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded document, the CLEC must record the Access Agreement (wjth the Rjght-of-Way Agreement attached) jn the real property records of the county jn which the property is located. If the ROW was created by a grant or agreement that js not publjcly recorded, CLEC must provide Qwest wjth a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly executed Consent Regardjng Djsclosure form or letter of jndemnjficatjon. Qwest js required to respond to each Attachment 1.8. submitted by CLEC wjthjn 35 days of recejYing the Attachment 1.8. In the eyent that Qwest beljeves that cjrcumstances require a longer duratjon to undertake the actjvities reasonably requjred to deny or approve a request, it may petjtjon for relief before the Commission or under the escalation and dispute resolutjon procedures generally appljcable under the jnterconnection agreement, jf any, between Qwest and CLEC. Poles/Duct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon completion of the jnqujry and verificatjon work described jn Sectjon 2.2 above, Qwest will provide the CLEC a Polesllnnerduct Order (Attachment 2) containing annual recurrjng charges, estjmated Make-ready costs. Upon recejpt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees jdentjfied , Qwest will assjgn the CLEC's requested space; Qwest will also commence the Make-ready work wjthjn 30 days followjng payment of the Make-Ready Fees. Qwest will notify CLEC when Poles/lnnerduct are ready for attachment or placement of Facilitjes. A copy of the sjgned Attachment 2 form should be emailed to wholesale.servicessupportteam(Q),qwestcom while the payment should go to the Joint Use Manager along with the origjnal signed Attachment 2. NOTE: Make-ready work performed by Qwest concerns labor only. For Poles jt jnvolves rearrangement to accommodate the new attachment. For Innerduct, it involves placing the standard three innerducts in the conduit to accommodate fiber cable where spare conduit exjsts. Segments without condujt space are consjdered "blocked". Qwest will consjder repair or clearing damaged faciljtjes, but may not construct new facilities as part of Make-ready work. Constructjon work to place conduit or replace poles may be requjred where facilitjes are blocked. The CLEC may contract separately with a Qwest-approved contractor to complete the construction provjded a Qwest jnspector jnspects the work during and after construction. If other partjes benefit from construction, the costs may be divided among the beneficjaries. Constructjon Qwest Idaho October 4, 2004 Page 3 Exhibit D costs are not included in Attachment 2. The GLEG is not encouraged to sign the Polesllnnerduct Order (Attachment 2) untjl provjsions have been made for constructjon. 2.4 Provjsion of ROW/Poles/lnnerduct.Owest agrees to jssue to GLEG for any lawful telecommunjcations purpose, a nonexclusjye, revocable Order authorjzjng GLEG to jnstall majntain, rearrange , transfer, and remoye at jts sole expense jts Facilitjes on Polesllnnerduct to the extent owned or controlled by Owest. Qwest provjdes access to Polesllnnerduct/ROW in accordance with the applicable federal , state, or local law, rule, or regulatjon, jncorporated herejn by thjs reference, and sajd body of law, whjch governs thjs Agreement in the state jn which Polesllnnerduct js provjded. Any and all rights granted to GLEG shall be subject to and subordjnate to any future federal , state, and/or local requjrements. Nothjng jn this General Information shall be construed to require or compel Qwest to construct, install, modify, or place any Polesllnnerduct or other facility for use by the GLEG. The costs included jn the Poles/lnnerduct Verjfjcation Fee are used to cover the costs incurred by Qwest jn determjning if Polesllnnerduct space is available to meet the GLEG's request; however the GLEG must agree and will be responsjble for payment of the actual costs incurred if such costs exceed the estjmate. If the actual costs are less than the estimate , an approprjate credit can be provjded upon request. If Qwest denjes access, Qwest shall do so jn wrjting, specifyjng the reasons for denjal within 45 days of the injtjal jnquiry. Likewise, the fees jncluded jn the ROW processjng costs quotation are used to cover the costs incurred by Qwest jn searching its databases and preparing the Access Agreement. In the event that complicatjons arjse with respect to preparjng the Access Agreement or any other aspect of conveying access to Owest's ROW, the GLEG agrees to be responsible for payment of the actual costs incurred if such costs exceed the standard fees; actual costs shall jnclude, wjthout Ijmjtatjon, personnel time , includjng attorney time. DISPUTE RESOLUTION 1. Other than those claims over which a federal or state regulatory agency has exclusive jurisdjctjon, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the partjes to this Agreement and the employees, agents or affiliated busjnesses of the other party, shall be resolved byarbjtratjon. A single arbitrator engaged in the practjce of law and knowledgeable about telecommunjcations law shall conduct the arbitration in accordance with the then current rules of the Amerjcan Arbjtratjon Associatjon ("AAA") unless otherwjse provided herejn. The arbjtrator shall be selected in accordance wjth AAA procedures from a list of qualified people majntajned by AAA. The arbjtration shall be conducted in the regjonal AAA office closest to where the claim arose. 2. All expedjted procedures prescribed by the AAA shall apply. The arbjtrator s decisjon shall be final and binding and judgment may be entered jn any court havjng jurisdiction thereof. 3. Other than the determjnatjon of those clajms over which a regulatory agency has exclusjve jurisdictjon, federal law (jncludjng the provisions of the Federal Arbjtration Act, 9 U. Sections 1-16) shall govern and control with respect to any issue relatjng to the validity of thjs Agreement to arbitrate and the arbjtrabjlity of the clajms. 4. If any party files a judjcial or admjnistratjve action asserting claims subject to arbitratjon and another party successfully stays such action and/or compels arbjtration of such clajms, the Owest Idaho October 4, 2004 Page 4 Exhibit D party filing the actjon shall pay the other party s costs and expenses incurred in seeking such stay or compelling arbjtratjon, jncludjng reasonable attorney s fees. Qwest Idaho October 4, 2004 Page 5 Exhibit D ATTACHMENT 1. A Polesllnnerductl or ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assigned before processjng): Date Submitted:Date Repljed to CLEC: CLEC Name Billjng Address: Phone Number: State and city of inquiry: Contact name: e-mail address: Polesllnnerduct Permit Database Search Costs Quotation (One Mile Minimum) Costs Est. Miles Total 1. Pole Inqujry Fee (see attached prjcing chart) X 2. Innerduct Inquiry Fee (see attached prjcing chart) X 3. ROW Records Inquiry (see attached pricing chart) X 4. Estimated Interval for Completjon of Items 1 , 2 or 3: 5. Additional requirements of CLEC: Days This Inqujry will result jn (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fittjng the requested route, if available, and a quote of the charges for fjeld verifjcation , and/or (b) in the case of ROW, a ROW jdentificatjon matrix, a quote of the charges for preparatjon of and consideration for, the necessary Access Agreements, and copies of ROW documents jn Qwest's Possession. (c) For Poles , the name and telephone number of the Field Engjneer are provjded so that the CLEC may contact the Qwest Fjeld engineer and discuss attachment plans. If a field verjfjcation of poles js required , Attachment 1.B must be completed and the approprjate charges pajd. Innerduct verifjcation js always needed. By sjgnjng below and providjng payment of the Estimated Costs jdentified above , the CLEC desjres Qwest to proceed wjth the processjng of jts database/records search and acknowledges receipt of this General Information , including the General Terms and Conditions under whjch Qwest offers such Polesllnnerduct. Quotes expjre jn 30 days. Qwest Corporation Signature SjQnature Name Typed or Printed Name Tvped or Printed Title Title Date Date Thjs signed form (orjgjnal) must be sent wjth a check for the Inquiry amount (to "Qwest") to: Qwest Idaho October4 2004 Page 6 Exhibit D Manager, Qwest Joint Use, 6912 S Quentin, Suite 101 , Englewood, CO 80112 303-784-0387 A copy of thjs form must be sent with two acceptably-detajled maps showing the requested route to: Qwest Service Representative at: wholesale.servicessupportteam~qwest.com Put "Agree" on signature line. . Qwest Idaho October 4, 2004 Page 7 Exhibit D ATTACHMENT General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Recejved:Date Replied to CLEC: NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE. Estimated Costs Number Total Charge 1. Pole Fjeld Verificatjon Fee (10 pole minjmum) 2. Innerduct Fjeld Verjficatjon Fee 3. Preparation of priyate ROW documents 4. Access Agreement Prep. and Consjderation$lO/ Access Agreement 5. Estjmated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signjng below and provjding payment of the Total Estimated Costs jdentjfied aboye, the CLEC desires Qwest to proceed wjth the processjng of jts fjeld survey/preparation of Access Agreements , and acknowledges receipt of this General Information , jncludjng the General Terms and Condjtjons under which Qwest offers such ROW/PolesJlnnerduct. The CLEC acknowledges the aboye costs are estimates only and CLEC may be financially responsjble for final actual costs which exceed thjs estjmate , or receive credit if requested. Quotes expire jn 30 days. Qwest Corporatjon Signature Signature Name Typed or Prjnted Name Typed or Prjnted Title Tjtle Date Date The origjnal signed form must be sent with a check for the verification amount to: Qwest Idaho October 4, 2004 Page 8 Exhibit D Manager, Qwest CLEC Joint Use, 6912 S Quentin , Suite 101 , Englewood, CO 80112 An emajl copy of this form must be sent to: wholesale.servicessupportteam~qwest.com, with "Agree" on the signature line. Qwest Idaho October 4 , 2004 Page 9 Exhibit D ATTACHMENT 2 Poles/lnnerduct Order General Agreement BAN Number: NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ) No (Date Recejved If Yes is checked , estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order: 1 . Term - Effective Date -2. Summary of Field Results (including Make-Ready work if required).3. When placing fiber, CLEC must: a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility holes. b. tag all equipment located in/on Qwest's facilities from beginning of the route to the end , and at the entrance and exit of each utility hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct. th' Pnnuaecurnngarges or erml: Total Annual Annual Charae Quantitv Charae 1. Pole Attachment, Per Pole , Innerduct Occupancy, Per Foot 3.Request conf. call for Construction?YES Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one foot). If you do not place an order at this time, these Polesllnnerduct will be assigned on a first come-first served basis. Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HASBEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year s prorated Annual Recurring Charge (or, if CLEC requests Semiannual billing, then the first half-year's prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Polesllnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days. Return this sjgned form and check to: Manager, Joint Use Supervisor, Suite 101, 6912 S. Quentin, Englewood, CO 80112. Send a co to: wholesale.servicessu ortteam west.com. Qwest Cor oration Si nature Si nature Name T ed or Printed Name T ed or Printed Qwest Idaho October 4, 2004 Page 10 Exhibit D I TitleDate t1 :::e Qwest Idaho October 4, 2004 Page 11 Exhibit D ATTACHMENT 3 General Agreement: aWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("GLEG") and Qwest Gorporatjon ("Qwest") , for one or more Orders for the GLEG to obtain access to Qwest's Right-of-Way ("ROW") and/or to install/attach and maintajn their communicatjons facilitjes ("Facjljties ) to Qwest's Poles and/or placement of Faciljties on or withjn Qwest's Innerduct (collectively "Poles/lnnerduct") described in the General Information and GLEG Map, which are incorporated herein by this reference (sjngularly "Order" or collectively, "Orders ). If there is no other effectjve agreement (i.an Interconnectjon Agreement) between GLEG and Qwest concerning access to Poles, Ducts and ROW then this Agreement/Attachment 3 must be executed by both parties jn order to start the Inqujry Revjew and in order for GLEG to obtain access to Poles, Ducts and/or ROW. SCOPE. Subject to the provisions of this Agreement, Qwest agrees to jssue to GLEG for any lawful telecommunjcatjons purpose , (a) one or more nonexclusjve, revocable Orders authorjzjng GLEG to attach, maintain, rearrange, transfer, and remove at its sole expense jts Faciljtjes on Polesllnnerduct owned or controlled by Qwest, and/or (b) access to Qwest's ROW to the extent that (j) such ROW exists , and (ij) Qwest has the rjght to grant access to the GLEG. Any and all rights granted to GLEG shall be subject to and subordjnate to any future local, state and/or federal requjrements, and jn the case of ROW, to the origjnal document grantjng the ROW to Qwest or its predecessors. Except as expressly provided herejn , nothjng jn this Agreement shall be construed to require or compel Qwest to construct, jnstall, modjfy, or place any Poles/lnnerduct or other facility for use by GLEG or to obtain any ROW for GLEG's use. Qwest agrees to provjde access to ROW/Polesllnnerduct in accordance wjth the appljcable local, state or federal law, rule, or regulatjon, jncorporated herejn by thjs reference, whjch governs this Agreement in the state in which Poles/lnnerduct js provjded. TERM. Any Order issued under thjs Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified in the Order. Any access to ROW shall be non- exclusjve and perpetual, subject to the terms and condjtions of the Access Agreement (as herejnafter defined) and the original jnstrument granting the ROW to Qwest. Thjs Agreement shall continue during such time GLEG js providjng Poles/lnnerduct attachments under any Order to this Agreement. Qwest Idaho TERMINATION WITHOUT CAUSE. To the extent permjtted by law, ejther party may terminate thjs Agreement (whjch wjll have the effect of terminatjng all Orders hereunder), or any indjvidual Order(s) hereunder without cause, by provjding notice of such terminatjon in writing and by certified Mail to the other party. The written notjce for termination wjthout cause shall be dated as of the day it October 4, 2004 Page 12 3.4 Exhibit D js majled and shall be effective no sooner than one hundred twenty (120) calendar days from the date of such notice. Termjnation of this Agreement or any Order hereunder does not release either party from any Ijability under thjs Agreement that may have accrued or that arjses out of any claim that may have been accruing at the tjme of termjnatjon, jncludjng indemnjty, warranties and confidential jnformation. If Owest termjnates this Agreement for Cause, or if CLEC termjnates thjs Agreement without Cause, CLEC shall pay termination charges equal to the amount of fees and charges remajnjng on the terminated Order(s) and shall remove jts Facilitjes from the Polesllnnerduct wjthin sixty (60) days, or cause Owest to remoye its Facilities from the Poles/lnnerduct at CLEC's expense; provided , however, that CLEC shall be liable for and pay all fees and charges provided for jn thjs Agreement to Owest until CLEC's Faciljtjes are physically removed. Notwjthstandjng anythjng herein to the contrary, upon the termjnation of thjs Agreement for any reason whatsoever, all Orders hereunder shall simultaneously termjnate. If thjs Agreement or any Order is terminated for reasons other than Cause, then CLEC shall remoye its Faciljties from Polesllnnerduct wjthjn one hundred and ejghty (180) days from the date of termjnation; provided, however, that CLEC shall be liable for and pay all fees and charges provided for jn thjs Agreement to Owest untjl CLEC'Facilitjes are physically removed. Owest may abandon or sell any Polesllnnerduct at any tjme by giving written notice to the CLEC. Upon abandonment of Poles/lnnerduct, and wjth the concurrence of the other CLEC(s), if 'necessary, CLEC shall , within sixty (60) days of such notice, ejther apply for usage wjth the new owner or purchase the Poles/lnnerduct from Owest, or remove jts Facilitjes therefrom. Failure to remove jts Facilities within sixty (60) days shall be deemed an electjon to purchase the Polesllnnerduct at the current market value. CHARGES AND BilLING. CLEC agrees to pay Owest Poles/lnnerduct usage fees ("Fees ) as specified jn the Order. Fees will be computed in compljance wjth applicable local, state and Federal law regulations and guidelines. Such Fees will be assessed, in advance on an annual basis. Annual Fees will be assessed as of January 1st of each year. Fees are not refundable except as expressly provided herein. CLEC shall pay all appljcable Fees and charges specified herejn withjn thirty (30) days from recejpt of jnvojce. Any outstanding inyojce will be subject to appljcable finance charges. Owest has the right to revjse Fees, at its sole djscretjon , upon wrjtten notjce to CLEC within at least sixty (60) days prjor to the end of any annual billing perjod. INSURANCE. The CLEC shall obtajn and maintain at its own cost and expense the following insurance during the life of the Contract: Qwest Idaho Workers' Compensation and/or Longshoremen s and Harbor Workers Compensation jnsurance with (1) statutory limjts of coverage for all employees as required by statute; and (2) although not requjred by statute, coverage for any employee on the job site; and October 4 , 2004 Page 13 5.4 Qwest Idaho Exhibit D (3) Stop Gap Ijabiljty or employer's Ijabjljty jnsurance wjth a limit of One Hundred Thousand Dollars ($100 000.00) for each accjdent. General Ijabiljty jnsurance providing coverage for underground hazard coverage (commonly referred to as "U" coyerage), products/completed operations , premises operations , jndependent contractor s protectjon (required jf contractor subcontracts the work), broad form property damage and contractual Ijabjljty with respect to Ijabjlity assumed by the CLEC hereunder. This jnsurance shall also include: (1) explosion hazard coverage (commonly referred to as "X" coverage) if the work jnvolves blastjng and (2) collapse hazard coverage (commonly referred to as "c" coverage) if the work may cause structural damage due to excavatjon , burrowing, tunneling, caisson work, or under- pjnning. The Ijmjts of Ijabjlity for thjs coverage shall be not less than One Milljon Dollars ($1 000 000.00) per occurrence combjned single limit for bodily jnjury or property damage. These limjts of Ijabiljty can be obtajned through any combjnation of prjmary and excess or umbrella Ijabjljty jnsurance. Comprehensjve automobjle Ijability jnsurance covering the use and maintenance of owned , non-owned and hired yehjcles. The Ijmjts of Ijabiljty for thjs coverage shall be not less than One Mjllion Dollars ($1 000 000.00) per occurrence combined single Ijmit for bodjly jnjury or property damage. These Ijmjts of liability can be obtained through any combinatjon of primary and excess or umbrella liability insurance. Qwest may require the CLEC from time-to-time during the Ijfe of the Contract to obtajn additional insurance with coverage or limits jn addition to those described aboye. However, the addjtjonal premium costs of any such additjonal jnsurance required by Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs bjlled separately and directly to Qwest by the insuring carrier(s). Qwest shall be authorized by the CLEC to confer djrectly wjth the agent(s) of the jnsuring carrjer(s) concernjng the extent and limjts of the CLEC's insurance coverage in order to assure the suffjcjency thereof for purposes of the work performable under the Contract and to assure that such coyerage as a hole with respect to the work performable are coordjnated from the standpojnt of adequate coverage at the least total premium costs. The jnsurjng carrjer(s) and the form of the insurance poljcies shall be subject to approval by Qwest. The GLEe shall forward to Qwest, certjficates of such insurance issued by the jnsurjng carrjer(s). The insurjng carrjer(s) may use the ACORD form , which js the Insurance Industrjes certjficate of jnsurance form. The insurance certificates shall provide that: (1) Qwest js named as an addjtional jnsured; (2) thirty (30) calendar days prjor wrjtten notjce of cancellation of, or materjal change or exclusjons in, the poljcy to which the certjficates relate shall be given to Qwest; (3) certjficatjon that underground hazard overage (commonly referred to as "U" coverage) js part of the coyerage; and (4) the words pertains to all operations and projects performed on behalf of the certjfjcate holder" are included in the descriptjon portion of the certjfjcate. The CLEC shall not commence work hereunder until the obljgatjons of the CLEC wjth respect to insurance have been fulfilled. The fulfillment of such obligations shall not reljeve the CLEC of any liabiljty hereunder or in any way modjfy the CLEC's obligatjons to jndemnjfy Qwest. Whenever any work js performed requiring the excavation of soil or use of heavy machjnery withjn fifty (50) feet of railroad tracks or upon railroad rjght-of-way, a Railroad Protectjve Liability Insurance policy will be requjred. Such policy shall be issued in the name of the Rajlroad wjth standard limjts of Two Million Dollars ($2 000 000.00) per October 4, 2004 Page 14 Exhibit D occurrence combjned single limjt for bodily jnjury, property damage or physical damage to property with an aggregate limit of Sjx Mjllion Dollars ($6 000 000.00). In addition, said policy shall name Owest and the CLEC/SubCLEC on the declaratjons page wjth respect to jts jnterest in these specific job. Sajd insurance poljcy shall be jn form and substance satjsfactory both to the Qwest and the Railroad and shall be deljvered to and approyed by both parties prjor to the entry upon or use of the Railroad Property. Whenever any work must be performed in the Colorado State Hjghway right-of-way, poljcjes and certificates of insurance shall also name the State of Colorado as an additional insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copjes of said certjficates must be avajlable on site during the performance of the work. CONSTRUCTION AND MAINTENANCE OF FACILITIES. Qwest Idaho Owest retajns the rjght, jn jts sole judgment, to determjne the availabiljty of space on Poles/lnnerduct. When modificatjons to a Qwest spare condujt include the placement of jnnerduct, Owest retains the rjght to jnstall the number of innerducts required to occupythe condujt structure to its full capacity. In the eyent Owest determines that rearrangement of the existing faciljtjes on Poles/lnnerduct is required before CLEC' Faciljtjes can be accommodated , the cost of such modification will be included jn the CLEC's nonrecurring charges for the associated Polesllnnerduct Order. CLEC shall be solely responsible for obtajning the necessary underlyjng legal authority to occupy Poles/lnnerduct on governmental , federal , Natjve American, and prjvate rights of way, as appljcable, and Qwest does not warrant or represent that providjng CLEC wjth access to the Poles/lnnerduct in any way constitutes such legal right. The CLEC shall obtajn any necessary permjts, Ijcenses, bonds, or other legal authority and permjssjon , at the CLEC's sole expense , jn order to perform jts obljgations under this Agreement. The CLEC shall contact all owners of public and prjvate rjghts-of-way, as necessary, to obtain wrjtten permissjon required to perform the work prjor to enterjng the property or startjng any work thereon and shall provjde Owest wjth written documentation of such legal authorjty prjor to placement of jts facilities on or in the Polesllnnerduct. The CLEC shall comply with all conditions of rjghts-of-way and Orders. CLEC's Facilities shall be placed and maintained jn accordance with the requirements and specifjcations of the current applicable standards of Bellcore Manual of Constructjon Standards, the National Electrical Code, the National Electrjcal Safety Code, and the rules and regulations of the Occupatjonal Safety and Health Act, all of which are jncorporated herejn by reference , and any governing authorjty haYing jurjsdjction of the subject matter of this Agreement. Where a djfference in specjficatjons exj sts , the more strjngent shall apply. Failure to majntain Facilitjes jn accordance with the above requjrements shall be Cause as referenced jn Sectjon 3 to this Agreement for termjnation of the Order jn questjon. Termjnatjon of more than two (2) Orders jn any twelve-month period pursuant to the foregoing sentence shall be Cause as referenced jn Sectjon 3 for termination of this Agreement. Qwest's procedures governjng jts standard majntenance practices shall be made avajlable upon request for publjc jnspectjon at the approprjate Qwest premises. CLEC's procedures governing its standards maintenance practjces for Facilities shall be made available to Qwest upon wrjtten request. CLEC shall within thirty (30) days comply and provide the requested jnformation to Qwest to brjng thejr facilities jnto compliance with these terms and conditions. October 4, 2004 Page 15 6.4. Exhibit D In the event of any service outage affectjng both Qwest and CLEC, repairs shall be effectuated on a prjorjty basjs as establjshed by local , state or federal requjrements, or where such requjrement do not exjsts , repairs shall be made in the following order: electrical, telephone (local), telephone (long distance), and cable television, or as mutually agreed to by the users of the effected Polesllnnerduct. In the event of an infrastructure outage, the CLEC should contact thejr Network Maintenance Center at 1-800-223-7881 or the CLEC may contact thejr Account Manager at the Interconnect Servjce Center. MODIFICATION TO EXISTING POLESIINNERDUCT. If CLEC requests Qwest to replace or modjfy exjsting Poles/lnnerduct to increase jts strength or capacity for the benefit of the CLEC and Qwest determjnes jn jts sole djscretjon to provjde the requested capacity, the CLEC shall pay Qwest the total replacement cost, Qwest's cost to transfer jts attachments , as necessary, and the cost for removal (jncludjng destruction fees) of any replaced Polesllnnerduct, if such is necessary. Ownershjp of new Poles/lnnerduct shall vest in Qwest. To the extent that a modjfjcatjon js incurred for the benefit of multjple parties, CLEC shall pay a proportjonate share of the total cost as outlined above, based on the ratjo of the amount of new space occupied by the Facilitjes to the total amount of space occupjed by all partjes joinjng the modifjcation. Modificatjons that occur jn order to brjng Poles/lnnerduct into compljance wjth applicable safety or other requjrements shall be deemed to be for the benefit of the multjple parties and CLEC shall be responsjble for jts pro rata share of the modjficatjon cost. Except as set forth herejn , CLEC shall haye no obligatjon to pay any of the cost of replacement or modificatjon of Poles/lnnerduct requested solely by thjrd parties. Written notificatjon of modificatjon injtiated by or on behalf of Qwest shall be proyjded to CLEC at least sjxty (60) days prior to begjnning modifjcatjons jf such modifications are not the result of an emergency sjtuation. Such notjfication shall include a brief descrjptjon of the nature and scope of the modjfjtatjon. If CLEC does not rearrange its facilitates wjthjn sjxty (60) days after recejpt of wrjtten notjce from Qwest requestjng such rearrangement Qwest may perform or cause to haye performed such rearrangement and CLEC shall pay for cost thereof. No such notice shall be required in emergency situations or for routjne majntenance of Poles/lnnerduct. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction , subsequent and perjodic inspectjons of CLEC's facilitjes occupyjng the Poles/lnnerduct system. CLEC shall reimburse Qwest for the cost of such jnspections except as specified in Sectjon 8 hereof. Qwest Idaho CLEC shall proYide wrjtten notice to Qwest, at least fifteen (15) days in advance, of the locations where CLEC's plant is to be constructed. The CLEC shall forward Exhibjt A, entitled "Pulling In Report" attached hereto and incorporated herejn by thjs reference, to Qwest wjthin five (5) business days of the date(s) ofthe occupancy. Qwest shall provide wrjtten notificatjon to CLEC wjthin seven (7) days of the date of completjon of a final constructjon jnspection. October 4, 2004 Page 16 8.4. Exhibit D Where final construction inspection by Qwest has been completed GLEG shall be obligated to correct non-complying conditions wjthjn thirty (30) days of recejvjng written notjce from Qwest. In the event the correctjons are not completed within the thirty (30)- day perjod , occupancy authorjzatjon for the Polesllnnerduct system where non-complying conditjons remajn uncorrected shall terminate jmmediately, regardless of whether GLEG has energjzed the facilities occupyjng sajd Poles/lnnerduct system, unless Qwest has provjded GLEG a wrjtten extension to comply. GLEG shall remove jts facilities from said Poles/lnnerduct in accordance with the provisions set forth jn Section 10 of thjs Agreement. No further occupancy authorjzatjon shall be jssued to GLEG untjl such non- complying conditjons are corrected or until GLEG'facilities are removed from the Pole/Conduit system where such non-complyjng conditions exjst. If agreed to jn wrjtjng, by both parties, Qwest shall perform such correctjons and GLEG shall pay Qwest the cost of performing such work. Subsequent jnspections to determine if appropriate correctjve action has been taken my be made by Qwest. Once the GLEGs faciljties occupy Qwest Poles/lnnerduct system and Exhibjt A has been recejved by Qwest, Qwest may perform perjodjc jnspectjons. The cost of such inspectjons shall be borne by Qwest, unless the jnspection reveals any vjolations hazards, or condjtjons indicatjng that GLEe has fajled to comply wjth the provisions set forth jn thjs Agreement, jn which case the GLEG shall rejmburse Qwest for full costs of jnspection, and re-inspectjon to determjne compljance as required. A GLEG representatjve may accompany Qwest on field inspections scheduled specifjcally for the purpose of jnspecting GLEG'Faciljtjes; however, GLEG's costs assocjated with jts partjcipation in such inspections shall be borne by GLEG. Qwest shall have no obligation to notjfy GLEG, and GLEG shall have no rjght to attend, any routjne fjeld jnspections. The costs of jnspections made during constructjon and/or the fjnal construction survey and subsequent jnspection shall be billed to the GLEG within thirty (30) days upon completion of the inspectjon. Final construction, subsequent and periodic jnspections or the failure to make such inspections, shall not jmpose any Ijabjlity of any kjnd upon Qwest, and shall not reljeve GLEG of any responsibjlities , obljgatjons, or Ijability arising under this Agreement. UNAUTHORIZED FACILITIES Qwest Idaho If any facilities are found attached to Poles/lnnerduct "for whjch no Order js in effect Qwest, wjthout prejudice to any other rjghts or remedies under thjs Agreement, shall assess an unauthorjzed attachment admjnistratjye fee of Two Hundred Dollars ($200.00) per attachment per Pole or innerduct run between manholes, and requjre the GLEG to submjt in writing, wjthin ten (10) day after recejpt of written notificatjon from Qwest of the unauthorized occupancy, a Polesllnnerduct appljcation. Qwest shall wajve the unauthorjzed attachment fee if the followjng condjtions are both met: (1) GLEG cures such unauthorized attachment (by removing jt or submjttjng a yaljd Order for attachment jn the form of Attachment 2 of Exhibit D, withjn thjrty (30) days of wrjtten notification from Qwest of the unauthorjzed attachment; and (2) the unauthorized attachment did not requjre Qwest to take curative measures itself (e., pulling addjtjonal jnnerduct) prior to the cure by GLEG. Qwest shall also waive the unauthorized attachment fee if the unauthorjzed attachment arose due to error by Qwest rather than by GLEG. If such application js not received by Qwest wjthjn the specjfied tjme period, the GLEG will be required to remove its unauthorized facility withjn ten (10) days of the final date for October 4, 2004 Page 17 10. 11. Exhibit D submitting the requjred appljcation, Owest may remove the CLEC's facilitjes wjthout liabjljty, and the cost of such removal shall be borne by the CLEC. For the purpose of determinjng the appljcable charge, the unauthorized Poles/lnnerduct occupancy shall be treated as havjng existed for a perjod of fjve (5) years prjor to jts discovery, and the charges, as specifjed in Section 4, shall be due and payable forthwjth whether or not CLEC is ordered to contjnue the occupancy of the Polesllnnerduct system. No act or fajlure to act by Owest with regard to an unauthorjzed occupancy shall be deemed to constjtute the authorjzation of the occupancy; any authorjzation that may be granted subsequently shall not operate retroactively or constitute a wajyer by Owest of any of jts rights of privjleges under this Agreement or otherwjse. REMOVAL OF FACILITIES. Should Owest, under the provisions of thjs Agreement, remove CLEC'Faciljtjes from the Poles/lnnerduct covered by any Order (or otherwjse), Owest wjll deliver the Facilities removed upon payment by CLEC of the cost of remoyal, storage and delivery, and all other amounts due Owest. If payment is not recejved by Owest within thirty (30) days, CLEC will be deemed to haye abandoned such facilities, and Owest may dispose of said facilities as jt determjnes to be approprjate. If Owest must dispose of sajd faciljties , such actjon will not relieve CLEC of any other fjnancial responsibjljty associated with such removal as provjded herejn. If CLEC removes jts Facilities from Polesllnnerduct for reasons other than repajr or maintenance purposes, the CLEC shall have no right to replace such faciljties on the Polesllnnerduct untjl such tjme as all outstandjng charges due to Owest for prevjous occupancy have been pajd jn full. CLEC shall submjt Exhjbjt B , entitled "Notificatjon of Surrender of Modjficatjon of Condujt Occupancy License by CLEC " or Exhjbjt C, entjtled "Notificatjon of Surrender of Modification of Pole Attachment by CLEC " each as attached hereto, advising Owest as to the date on which the remoyal of Facilities from each Polesllnnerduct has been completed. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnjfy and hold harmless Owest, jts owners, parents, subsidiaries, affiljates, agents, directors, and employees agajnst any and all Ijabjljtjes, clajms , judgments, losses, orders, awards, damages, costs, fines penaltjes, costs of defense, and attorneys' fees ("Liabilities ) to the extent they arjse from or in connection wjth: (1) jnfrjngement, or alleged infringement, of any patent rights or clajms caused or alleged to have been caused, by the use of any apparatus, appljances, equjpment, or parts thereof, furnished , jnstalled or utilized by the CLEC; (2) actual or alleged fault or negligence of the CLEC , its officers, employees , agents, subcontractors and/or representatjyes; (3) furnjshing, performance, or use of any material supplied by CLEC under thjs Contract or any product liability clajms relating to any material suppljed by CLEC under thjs Contract; (4) fajlure of CLEC its officers , employees , agents, subcontractors and/or representatjYes to comply wjth any term of thjs Contract or any appljcable local , state , or federal law or regulation , includjng but not Ijmited to the OSH Act and environmental protection laws; (5) assertions under workers' compensatjon or similar employee benefit acts by CLEC or its employees, agents, subcontractors, or subcontractors' employees or agents; (6) the acts or omissjons (other than the gross negligence or willful misconduct) of Owest, jts offjcers, employees, agents, and representatives, except as otherwjse provjded jn paragraphs 11.3 and 11.4 below; and/or, (7) any economjc damages that may rise, jncludjng damages for delay or other related economic damages that the Owest or third parties may suffer or allegedly suffer asa result of the performance or fajlure to perform work by the CLEC. If both Owest and the CLEC are sued as a result of or in connection wjth the performance of work arising out of this Contract, the parties hereby agree that the defense of the case (includjng the costs of the defense and attorneys' fees) shall be the responsjbjljty of the CLEC, if Owest desires. Owest shall give the CLEC reasonable wrjtten notice of all such clajms Qwest Idaho October 4, 2004 Page 18 Exhibit D and any sujts allegjng such claims and shall furnish upon the CLEC's request and at the CLEC' expense all jnformatjon and assjstance ayajlable to the Qwest for such defense. The partjes shall employ Artjcle 13, Dispute Resolution , to resolve any djspute concernjng the proportjonal fault and Ijabiljty after the underlyjng case is terminated. 11. 11. 11. 11.4 12. IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH A CLAIM. Except as expressly proYided herejn , NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND , INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE LOSS OF BUSINESS OR LOSS OF PROFIT; provjded , however, there shall be no limjtatjon on a party's liabiljty to the other for any fjnes or penalties jmposed on the other party by any court of competent jurjsdjctjon or federal, state or local admjnistratjve agency resulting from the fajlure of the party to comply with any term or condjtion of thjs Contract or any valid and applicable law, rule or regulatjon. FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR WASHINGTON , SECTION 11 (6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA NEW MEXICO, OR OREGON , ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH DEVICES USED AS PART OF A MANUFACTURING, COVERING , OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM, AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION OR DISTRIBUTION PURPOSES. FORCE MAJEURE 12. 12. Qwest Idaho The CLEC shall be excused from jts performance as to any Order jf preyented by acts or events beyond the CLEC's reasonable control jncluding extreme weather condjtjons strikes, fires, embargoes , actjons of civil or military law enforcement authorjtjes, acts of God, or acts of legjslatjve, judicial, executive, or admjnistrative authorjtjes. If such contjngency occurs , Qwest may elect: 12.1 To terminate thjs Agreement as to the Order in question; or October 4, 2004 Page 19 Exhibit D 12.2 To termjnate already-assigned specific work assjgnment(s) the CLEC is unable to perform, or any part thereof, and to assign new specific work assjgnments to other partjes for the duratjon of the cause of the delay; or 12.3 To suspend already-assigned specific work assjgnment(s) the CLEC js unable to perform , or any part thereof, for the duration of the cause of the delay; and to assjgn new specific work assjgnments to other parties for the duratjon of the cause of the delay. 12.Qwest shall be deemed to have elected Sectjon 12.2.3 above unless written notjce of termjnatjon js gjven by Qwest after the contjngency occurs. Wjth respect to Qwest's election of Sectjon 12.3 above: 12.1 Qwest shall give the CLEC wrjtten notice of the work to be performed by such other party prjor to jts performance and shall deduct from the CLEC' prjce the cost of the work or servjces actually performed by such other parties. 12.3.2 The CLEC shall resume performance, and complete any work not performed or to be performed by another party, once the delaying cause ceases. 12.3 If approprjate, at the Qwest's discretjon , the time for completjon of specific work assjgnment(s) shall be extended up to the length of tjme the contingency endured. 12.4 Qwest shall be excused from its performance jf prevented by acts or events beyond the Qwest's reasonable control includjng extreme weather condjtjons, strikes, fires embargoes, actjons of civjl or military law enforcement authorities, acts of God, or acts of legjslatjve, judicial , executive, or adminjstratjve authorjtjes. 13.DISPUTE RESOLUTION. 13.1. Other than those claims over which a regulatory agency has exclusive jurjsdiction, all claims, regardless of legal theory, whenever brought and whether between the partjes or between one of the partjes to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved byarbitratjon. A single arbitrator engaged in the practice of law and knowledgeable about telecommunicatjons law shall conduct the arbitratjon jn accordance with the then current rules of the American Arbitration Assocjation ("AM") unlessotherwjse provided herein. The arbitrator shall be selected jn accordance wjth AM procedures from a list of qualjfied people maintained by AM. The arbitration shall be conducted jn the regional AM office closest to where the claim arose. 13.2. All expedjted procedures prescrjbed by the AM shall apply. The arbjtrator s decisjon shall be final and binding and judgment may be entered jn any court having jurisdictjon thereof. 13.3. Other than the determinatjon of those clajms over which regulatory agency has exclusive jurisdictjon, federal law (jncluding the provjsions of the Federal Arbitratjon Act, 9 C. Sections 1-16) shall govern and control with respect to any jssue relating to the validjty of thjs Agreement to arbjtrate and the arbitrabiljty of the claims. Qwest Idaho October 4, 2004 Page 20 14. Exhibit D 13.4. If any party files a judjcial or admjnistratjve actjon assertjng claims subject to arbjtration and another party successfully stays such action and/or compels arbjtration of such claims, the party fjling the action shall pay the other party s costs and expenses jncurred in seeking such stay or compelling arbitratjon , including reasonable attorney s fees. LAWFULNESS. Thjs Agreement and the parties' actions under thjs Agreement shall comply wjth all appljcable federal, state, and local laws , rules, regulatjons, court orders, and governmental agency orders. Any change in rates, charges or regulatjons mandated by the legally constituted authorjties will act as a modjfjcatjon of any contract to that extent without further notjce. Thjs Agreement shall be governed by the laws of the state where Poles/lnnerduct js proyjded. Nothing contajned herein shall substjtute for or be deemed a wajver of the partjes' respectjye rights and obljgatjons under applicable federal , state and local laws, regulations and gujdelines, includjng (wjthout limjtation) Sectjon 224 of the Gommunjcations Act of 1934, as amended (47 U.G. 224). The GLEG represents that jt is a certjfjed Gompetitjye Local Exchange Garrjer or otherwise has the legal rjght, pursuant to 47 U.G. 224 to attach to Qwest's pole pursuant to the terms thereof. The GLEG acknowledges that Qwest will rely on the foregojng representation, and that if such representatjon is not accurate, this Agreement shall be deemed void ab initio except for Artjcle 9 hereof, for which GLEG shall remajn fully Ijable. 15.SEVERABILITY. In the eyent that a court, governmental agency, or regulatory agency wjth proper jurjsdiction determines that this Agreement or a provision of this Agreement js unlawful thjs Agreement, or that provisjon of the Agreement to the extent it js unlawful, shall terminate. If a provjsjon of this Agreement js terminated but the partjes can legally, commercially and practicably contjnue wjthout the terminated provjsion, the remainder of thjs Agreement shall contjnue jn effect. 16.GENERAL PROVISIONS. 16.Failure or delay by ejther party to exercise any right, power, or prjvjlege hereunder, shall not operate as a wajver hereto. 16.This Agreement shall not be assignable by GLEG wjthout the express wrjtten consent of Qwest, whjch shall not be unreasonably withheld. Assignment of thjs Agreement by GLEG to GLEG's subsjdiary or affiliate shall be presumed to be reasonable; provided, however, that GLEG must obtajn Qwest's consent jn any event. 16.Thjs Agreement benefits GLEG and Qwest. There are no third party beneficiarjes. 16.4 Thjs Agreement constjtutes the entire understandjng between GLEG and Qwest wjth respect to Service provjded herejn and supersedes any prior agreements or understandings. Qwest Idaho Page 21October 4, 2004 Exhibit D The partjes hereby execute and authorize this Agreement as of the latest date shown below: CLEC Qwest Corporatjon Sjgnature Sjgnature Name Typed or Prjnted Name Typed or Printed PRODUCT MANAGER TjtleTjtle Date Date Address for Notjces Address for Notices Qwest Corporation 1801 Caljfornia, Rm. 2330 Denver, CO 80202 Contact:Contact: Manager Phone:Phone:303-896-0789 FAX:FAX:303-896-9022 Qwestldaho October 4, 2004 Page 22 Exhibit D EXHIBIT A PULLING IN REPORT This report js to be completed by the CLEC when fjber cable js placed jnto innerduct. Send to: ManaQer. Qwest Corp 700 W Mineral. Rm IAF12 Littleton. CO 80120 (303-707-7598) Thjs is to adyise you that pursuant to General Agreement No. granted to usunder the terms of the Innerduct Agreement dated , 20- we have completed installatjon of the following cable into the followjng ducts, Municipality Location From Manhole at Manhole at Cable and Equipment Installed Name of CLEC By: Tjtle: Recejpt of the above report is hereby acknowledged Qwest Corporation By: Tjtle: Reports shall be submjtted in dupljcate. A complete descrjptjon of all facjlitjes shall be gjven, includjng a print showing the locations quantitie , sizes and types of all cables and equipment. Sketch to be furnished showing duct used. Must be same duct assjgned to Licensee by Licensor as shown on Exhibit -' unless a change has been prevjously authorjzed jn writing by Licensor. Qwest Idaho October 4, 2004 Page 23 Exhibit D EXHIBIT B CLEC: NOTIFICATION OF SURRENDER OR MODIFICATION OF CONDUIT OCCUPANCY ORDER BY CLEC Return to: Manaoer. Qwest Corp 700 W Mineral Rm IAF12 Littleton, CO 80120 In accordance wjth the terms and conditions of this Agreement between us, dated 2L, notice js hereby given that the Ijcenses coyerjng occupancy of the followjng condujt are surrendered (and/or modjfied as indjcated jn Licensee s prior notifjcation to Licensor, dated ) effective CONDUIT LOCATION LlC. NO. &SURRENDER OR DATE DATE MODIFICATION FAG. RMVD. OR MODIFIED Name of Licensor Name of Co- Provider Date Notjfjcation Recejved Title Date Modjfication Accepted Discontjnued:Total duct footage Qwest Idaho October 4, 2004 Page 24 Exhibit D EXHIBIT C NOTIFICATION OF SURRENDER OR MODIFICATION OF POLE ATTACHMENT ORDER BY CLEC CLEC: Return to: Manaqer, Owest Corp 700 W Mjneral, Rm IAF12 Littleton , CO 80120 In accordance with the terms and condjtions of the Agreement between Owest and CLEC, dated , notjce js hereby gjyen that the licenses coverjng attachments to the following poles and/or anchors , and/or utilization of anchor/guy strand js surrendered (or modjfjed as indjcated in CLEC's prior notification to Owest, dated ,) effective POLE NO.ASSOC. POLE LlC. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVD OR MODIFIED A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - A/GS - Date Notification Recejved Date Modification Received By:Name of CLEC Djscontjnued: Poles Anchors By: Anchor/Guy Strands Its: Qwest Idaho October 4, 2004 Page 25 Exhibit D ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recording, please return to: Manaqer 700 W Mjneral, Rm IAF12 Littleton , CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (this "Aqreement") is made as of the day of ,, by and between QWEST CORPORATION a Colorado corporatjon , successor jn interest to U S WEST COMMUNICATIONS, INC.Colorado corporatjon Grantor ), whose address and , whose address js Grantee RECITALS Thjs Agreement relates to certajn real property (the Property ) located in the County of (the "County ), State of (the "State B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property, as descrjbed therein (the "Easement Rjqhts ), is attached as Exhjbit A (the Rjqht of Way Aareement" C. Pursuant to 42 U.C. ~~ 224 and 251 (b)(5), Grantor, as a Local Exchange Carrjer, js requjred to provide access to rights-of-way to a requestjng telecommunjcatjons carrjer, as defined jn 42 C. ~ 224. Grantee js a telecommunicatjons carrjer that has requested access to Grantor s Easement Rjghts. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee its Easement Rjghts, if any, relating to the Property, to the extent Grantor may legally convey such an interest. D. Subject to the terms and conditions set forth in thjs Agreement, Grantor has agreed to convey to Grantee, without any representatjon or warranty, the rjght to use the Easement Rights, and Grantee has agreed to accept such conyeyance. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and vaiuable consjderation, the recejpt and sufficiency of whjch are hereby acknowledged , the partjes hereby agree as follows: 1. Grant of Riaht of Access. Grantor hereby conveys to Grantee and its Authorized Users (as defined below) a non-exclusive, perpetual rjght to access and use the Easement Rights, which rjght shall be expressly (a) subject to, subordinate to, and Ijmited by the Right of Way Agreement, and (b) subject to the terms and conditions hereof. As used jn thjs Agreement Authorized Users" of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee, as applicable, their respectjve Affiliates and agents, licensees, employees, and invitees, including, wjthout limitation, contractors, subcontractors, consultants, Qwest Idaho October 4, 2004 Page 26 Exhibit D suppliers , publjc emergency vehjcles , shipping or delivery vehjcles , or constructjon vehicles. "Affiliates means, wjth respect to any Person , any Person that controls, is controlled by or js under common control wjth such Person, together wjth its and thejr respectjve members, partners , venturers, directors, officers stockholders, agents, employees and spouses. A Person shall be presumed to have control when it possesses the power, directly or indjrectly, to direct, or cause the direction of, the management or poljcies of another Person, whether through ownership of yoting securitjes, by contract, or otherwise. Person means an jndivjdual , partnershjp, Ijmjted Ijability company, association, corporation or other entjty. 2. Grantor s Reserved Riqhts. Grantor reserves to itself and its Authorjzed Users the rjght to use the Easement Rjghts for any purpose not incompatible wjth the rjghts conveyed to Grantee by thjs Agreement. 3. Conditions Precedent to Effectiveness of Aqreement. conditioned on the followjng: This Agreement js expressly a. Recordatjon of Aqreement.If the Right-of-Way Agreement has been publicly recorded, Grantee shall be responsjble for assurjng that the Agreement js jn approprjate form for recording in the real property records of the County, shall pay for the recordjng thereof, and shall provide a copy of the recorded Agreement to Grantor at the address set forth above. A legjble copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effectjye. b. Payment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all costs and expenses, jncluding reasonable attorneys' fees , relating to Grantor s executjon and delivery of thjs Agreement. 4. Grantee s Representatjons and Warranties. Grantee represents and warrants to Grantor that: a. Authority. Grantee is a , duly formed and validly existjng under the laws of the State of All necessary actjon has been taken by Grantee to execute and deliver this Agreement and to perform the obligatjons set forth hereunder. Grantee is a telecommunicatjons carrier" as that term js defjned jn 42 U.C. 9224. b. Due Diliqence.Grantee acknowledges and agrees that neither Grantor nor any agent employee, attorney, or representatjve of Grantor has made any statements, agreements, promises, assurances , representations , or warrantjes , whether in thjs Agreement or otherwjse and whether express or implied, regardjng the Rjght of Way Agreement or the Easement Rights or the assjgnabjljty or further granting thereof, or title to or the envjronmental or other conditjon of the Property. Grantee further acknowledges and agrees that Grantee has examjned and jnvestigated to jts full satjsfaction the ' physjcal nature and condition of the Property and the Easement Rjghts and that jt is acqujring the Easement Rights jn an "AS IS, WHERE IS" condition. Grantee expressly waives all claims for damages by reason of any statement, representatjon warranty, assurance, promjse or agreement made, if any. Qwest Idaho October 4, 2004 Page 27 Exhibit D 5. Grantee s Covenants. a. Compljance with Riaht of Way Aareement.Grantee agrees that the rjghts granted by Grantor hereunder are expressly subject to, subordjnate to, and Ijmited by the Rjght of Way Agreement, and Grantee further agrees to comply jn all respects wjth the terms and condjtions of the Rjght of Way Agreement as they apply to the holder or user of the Easement Rjghts. In the eyent Grantee fajls to observe or perform any of jts obljgatjons under the Rjght oJ Way Agreement, Grantor shall have the right, but not the obljgatjon, to perform or observe such obljgatjon to the extent that such obligation can be observed or performed by Grantor. b. Compljance wjth Laws. Grantee agrees to use the Property and the Easement Rights jn compliance with all appljcable laws. c. No Further Grant.Grantee shall not grant to any Person other than Grantee Authorized Users the rjght to use the Easement Rjghts wjthout the prior wrjtten consent of Grantor, which consent may be granted or wjthheld jn Grantor s sole discretjon. d. Non-Interference. Grantee agrees that jt wjll not interfere with Grantor s or Grantor Authorized Users' use of the Easement Rjghts and will not take any actjon or fail to take any action that would negatjyely affect the Easement Rights or cause or contribute to the termjnatjon of the Right of Way Agreement. 6. Indemnjfjcatjon . Grantee hereby agrees to jndemnify, defend and hold Owner, Grantor and their respectjve Affjljates harmless from and against any and all clajms, judgments, damages , liabiljtjes penaltjes, fines, sujts, causes of act jon, costs of settlement, and expenses (includjng, wjthout limjtation reasonable attorneys' fees) whjch may be imposed upon or incurred by Grantor or jts Authorjzed Users or any of them , arjsjng from, relatjng to or caused by Grantee s breach of this Agreement or the use, or the use by any of Grantee s Authorjzed Users, of the Easement Rjghts. In addjtjon to the jndemnity obligatjons described above, in the eyent that any act or omjssion of Grantee or Grantee s Authorjzed Users causes, djrectly or indirectly, and without reference to any act or omjssjon of Owner, Grantor or their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be liable to Grantor for all costs jncurred jn connectjon wjth (a) acqujring replacement Easement Rjghts over the Property or over other suitable Property, as determjned in Grantor sole judgment (the Replacement Easement ), (b) the fully-loaded cost of constructing replacement facilitjes over the Replacement Easement, (c) the cost of removjng its faciljties and personal property from the Property, if required by the Right of Way Agreement, and (d) any other costs of complying wjth the Rjght of Way Agreement, jncluding, without limjtatjon, reasonable attorneys' fees. Grantee shall pay all such amounts within ten (10) days of receipt of any jnyojce for such costs deliyered to Grantee by Owner, Grantor or their respective Authorjzed Users. 7. Condemnation.If any action js taken whereby the Rjght of Way Agreement or any part of the Easement Rights are terminated, relocated or otherwjse affected, by any taking or partjal taking by a governmental authorjty or otherwjse, then such any compensation due or to be pajd to the holder of the Easement Rjghts due to such occurrence shall belong solely to Grantor. 8. Severable Provisions If any term of thjs Agreement shall, to any extent, be jnvaljd or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permjtted by law. 9. Default: Remedies. (a) If Grantee files a petitjon in bankruptcy, or a petition js bankruptcy is filed against Grantee, which is not dismissed on or before fifteen (15) days after such filing, or (b) in the Qwest Idaho October 4, 2004 Page 28 Exhibit D event of Grantee s breach or threatened breach of any term, covenant or condition of this Agreement then Grantor shall have, in addjtjon to all other legal and equjtable remedies, the right to (x) termjnate this Agreement, (y) enforce the provisions hereof by the equjtable remedy of specjfic performance, or (z) enjojn such breach or threatened breach by jnjunctive act jon, all without the necessjty of proof of actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obljgations of Grantee hereunder, including reasonable attorneys' fees and all costs of sujt, jn case it becomes necessary for Grantor to enforce the obligatjons of Grantee hereunder, whether suit be brought or not, and whether through courts of orjginal jurjsdjctjon, as well as in courts of appellate jurjsdictjon, or through a bankruptcy court or other legal proceedings. 10. Bindinq Effect.This Agreement shall be bjndjng on and jnure to the benefit of the partjes hereto and thejr respectjve successors and assigns. Thjs Agreement may be assigned at any tjme jn whole or in part by Grantor. 11. No Dedication . Nothing contained jn thjs Agreement shall constjtute a gift or dedicatjon of any portjon of the Easement Rights to the general publjc or for any publjc purpose whatsoever. There are no jntended thjrd-party beneficiaries to thjs Agreement. 12. Grantor s Wajver of Confidentjalitv. If the Rjght of Way Agreement js not publjcly recorded Grantor hereby grants a limited wajyer of any rjght to keep the terms and condjtjons of the Rjght of Way Agreement confidentjal , except for any dollar amounts in the Right of Way Agreement, which rjghts Grantor expressly reserves, and subject to Grantee s and Owner s compliance with the terms and condjtjons in thjs paragraph. In all jnstances, Grantee wjll use the Rjght of Way Agreement only for the followjng purposes: (a) to determjne whether Grantor has ownershjp or control over duct, condujts, or rights-of-way wjthjn the property described jn the Rjght of Way Agreement; (b) to determjne the ownership of wjre withjn the property described in the Rjght of Way agreement; or (c) to determjne the demarcatjon pojnt between Grantor facilities and the Owner s facilities in the property described jn the agreement. Grantee further agrees that Grantee shall not djsclose the contents, terms, or condjtions of any agreement provided pursuant to Sectjon 10.8 to any Grantee agents or employees engaged in sales, marketing, or product management efforts on behalf of Grantee. Grantor s waiver of rights subject to the limjtatjons set forth above , is jntended to be effectjye whether or not such rjght to confidentiality is expressly set forth jn the Rjght of Way Agreement or elsewhere or may have been agreed to orally, and so long as Grantee and Owner comply wjth the conditions set forth above, Grantor further covenants not to assert any clajm or commence any action, lawsuit, or other legal proceeding against Owner or Grantee, based upon or arjsjng out of Grantor s alleged rjght to confidentjaljty relatjng to the Rjght of Way Agreement, except in the eyent of disclosure of dollar amounts jn the Right of Way Agreement. Grantor s wajyer is expressly condjtioned on Owner s waiver of Owner s confidentiality rights, as set forth jn the Consent to Disclosure form , whjch is a part hereof, or Grantee s provision to Grantor of a legally bjndjng and satjsfactory agreement to jndemnjfy Grantee in the event of any legal actjon arising out of Owner s provision of a non-recorded agreement to Grantee. In the event that , the person executjng the Consent to Djsclosure form does not haye the legal right to bind the Owner Grantor reserves the right to maintain an action for damages, jncludjng, wjthout Ijmitatjon, consequentjal damages, arising from such jmproper executjon against any Person improperly executjng the Consent to Djsclosure form. In any eyent, Grantor reserves its right to (a) to enforce the confidentiality proyjsjons of the Right of Way Agreement as to any dollar amounts set forth jn such Right of Way Agreements, and/or (b) to majntain an action for damages, includjng, wjthout Ijmjtation, consequentjal damages, arising from the djsclosure of the dollar amounts in any Rjght of Way Agreement, against any party, jncluding, without Ijmitation, agajnst Grantee or against any Person improperly executing the Consent to Disclosure form. 13. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally deljvered , or (b) three (3) business days after being majled postage prepaid, by United Qwest Idaho October 4, 2004 Page 29 Exhibit D States certjfied mail, return recejpt requested, or (c) one busjness day after being timely delivered to an overnjght express courjer service such as Federal Express which provjdes for the equivalent of a return receipt to the sender, to the above described addresses of the partjes hereto, or to such other address as a party may request in a wrjting complyjng with the provisions of thjs Section. 14. Modificatjon: Counterparts. This Agreement may not be amended , modified or changed, nor shall any wajver of any provjsjon hereof be effective, except by an instrument jn writjng and sjgned by the party against whom enforcement of any amendment, modjfication, change or waiver js sought. This Agreement may be executed in any number of counterparts, all of which shall constjtute but one and the same document. 15. Controlljnq Law. This Agreement shall be goyerned by and construed jn accordance with the laws of the State. 16. Waiver of JUry Trial.THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. rSiunature paues followl Qwest Idaho October 4, 2004 Page 30 Exhibit D EXECUTED as of the date first wrjtten above. GRANTOR: Wjtnessed by:QWEST CORPORATION, a Colorado corporatjon successor jn jnterest to US WEST COMMUNICATIONS, INC. a Colorado corporatjon COUNTY OF By: Name: Tjtle: ) ss: STATE OF The foregojng jnstrument was acknowledged before me this day of, by of QWEST CORPORATION , a Colorado corporatjon. Witness my hand and official seal. (SEAL) Notary Public My Commjssjon Expires: Qwest Idaho October 4, 2004 Page 31 Exhibit D EXECUTED as of the date first wrjtten aboye. GRANTEE: Wjtnessed by:, a COUNTY OF By: Name: Tjtle: ) ss: STATE OF The foregoing jnstrument was acknowledged before me thjs day of, by Wjtness my hand and official seal. (SEAL) Notary Public My Commission Expires: Qwest Idaho October 4, 2004 Page 32 Exhibit D CONSENT TO DISCLOSURE THE UNDERSIGNED , a Ownerwhose address is , hereby consents to the terms of the followjng paragraphs regardjng the agreement described or entjtled as between Qwest Corporatjon, formerly U S WEST Communications, Inc. ("Qwest") and Owner for the property located at Property ) that provides Qwest with access to Owner s Property (the "Aqreement" FOR TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of whjch are hereby acknowledged , Owner agrees as follows: 1. Tjtle to Property. Owner represents and warrants either (a) that Owner is the owner of fee tjtle to the Property descrjbed in the Agreement or, jf no descrjption of the Property is gjyen in the Agreement, then (b) that Owner is the grantor, or the successor to or assjgnee of the grantor, of the easement rights, if any, under the Agreement. Owner further represents and warrants that Owner has the legal right to execute thjs Consent to Disclosure, includjng, wjthout limitatjon , the right to wajve the confjdentjaljty of the Agreement as set forth jn paragraph 3 of this Consent to Disclosure. 2. Owner s Acknowledqments . Owner expressly acknowledges that (a) this is a legal document that may affect Owner s rights and Owner was gjven the opportunjty to have the Agreement and thjs Consent to Djsclosure reyiewed by Owner s attorney; and (b) Owner, by signjng thjs Consent to Djsclosure waives any rjghts jt may have to keep the terms and provisions of the Agreement confidentjal. 3. Owner s Wajyer of Confidentjalitv.Owner hereby wajves any rjght jt may have to keep the terms and conditjons of the Agreement confidentjal , whether or not such rjght to confidentialjty js expressly set forth jn the Agreement or elsewhere or may have been agreed to orally, subject to the compljance of the competitive local exchange carrier ("ClEC") with the requirements of paragraph 5. Owner further covenants not to assert any claim or commence any action, lawsujt, or other legal proceedjng against Qwest or ClEC presenting this Consent to Disclosure, based upon or arjsing out of Owner s alleged right to confidentjaljty relatjng to the Agreement. Owner s consent to djsclosure applies only to the Agreement that js described jn thjs Consent to Disclosure form and only to the undersigned ClEC. 4. Qwest's Wajver of Confidentjaljty. Qwest represents and warrants that it is grantjng a Ijmited waiver of jts confidentiality rjghts that permjts ClEC to review the Agreement subject to ClEC's compliance with' the requirements of paragraph 5 and Qwest's right to redact all dollar amounts set forth in the Agreement. Qwest's consent to disclosure applies only to the Agreement that js descrjbed in this Consent to Disclosure form and only to the undersjgned ClEC. 5. ClEC's Obljgations. ClEC shall use the Agreement exclusively for the following purposes and for no other purpose whatsoever: (a) to determjne whether Qwest has ownershjp or control over duct, conduits, or rjghts-of-way withjn the Property descrjbed in the Agreement; or (b)to determjne the ownership of wire wjthin the Property described in the Agreement; or Qwest Idaho October 4, 2004 Page 33 Exhibit D (c) to determjne the demarcation point between Qwest facilities and the Owner s facilities in the Property descrjbed in the Agreement. GLEG further agrees that GLEG shall not disclose the contents, terms, or conditions of the Agreement to any GLEG agents or employees engaged jn sales, marketing, or product management efforts on behalf of GLEG. 6. Acknowledgement of Limitatjon on Waivers. Owner understands that Qwest does not agree to waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges that Owner has no right to provide copies of such Agreements to any party unless Owner has completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLEC shall comply with the conditions set forth in paragraph 5. 7. Notices.All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally deljvered , or (b) three (3) business days after being majled postage prepaid, by Unjted States certifjed mail , return receipt requested, or (c) one busjness day after bejng tjmely deljvered to an oyernjght express courjer servjce such as Federal Express whjch provjdes for the equjyalent of a return receipt to the sender, to the above descrjbed addresses of the parties hereto, or to such other address as a party may request in a writing complying with the provjsions of thjs Sectjon. EXECUTED as of the date first written above. OWNER: CLEC: Qwest Idaho October 4, 2004 Page 34 Exhibit D EXHIBIT 1 Right of Way Agreement (Thjs represents the ROW agreement between the Co-Provjder and the property owner) Qwest Idaho October 4, 2004 Page 35 Qwest All States EXHIBIT E INTENTIONALLY LEFT BLANK October 4, 2004 Page 1 EXHIBIT F - SPECIAL REQUEST PROCESS The Special Request Process shall be used for the following requests: Requesting specjfic product feature(s) be made available by Owest that are currently ayajlable in a swjtch , but whjch are not activated. Requestjng specifjc product feature(s) be made available by Owest that are not currently avajlable jn a swjtch, but which are available from the swjtch vendor Requestjng a combjnatjon of Unbundled Network Elements that is a combination not currently offered by Owest as a standard product and: that is made up of UNEs that are defined by the FCC or the Commjssjon as a network element to which Owest js obligated to proYide unbundled access and; that js made up of UNEs that are ordjnarily combined in the Owest network. 1.4 Requestjng an Unbundled Network Element that does not require a technjcal feasjbjljty analysjs and has been defined by the FCC or the State Commission as a network element to whjch Owest js obljgated to provide unbundled access, but for whjch Owest has not created a standard product, jncludjng, but not Ijmjted to, OC-192 (and such hjgher bandwjdths that may exjst) UDIT, EEL between OC-3 and OC-192 and new varietjes of subloops.2. Any request that requires an analysjs of Technical Feasibjlity shall be treated as a Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. If jt is determjned that a request should have been submjtted through the BFR process Owest will consider the BFR time frame to haye started upon receipt of the orjginal Special Request appljcation form.3. A Special Request shall be submitted jn writing and on the appropriate Owest form whjch is located on Owest's websjte.4. Owest shall acknowledge receipt of the Special Request within two (2) business days of receipt.5. Owest shall respond with an analysjs, including costs and tjmeframes, wjthjn fifteen (15) business days of recejpt of the Special Request. In the case of UNE Combjnatjons, the analysis shall include whether the requested combjnation is a combjnatjon of network elements that are ordinarily combined jn the Owest network. If the request is for a combination of network elements that are not ordinarjly combined in the Owest network, the analysjs shall jndjcate to CLEC that it should use the BFR process if CLEC elects to pursue jts request.6. Upon request, Owest shall provide CLEC with Owest's supporting cost data and/or studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business days , except where Owest cannot obtain a release from its vendors within seven (7) busjness days, jn which case Owest will make the data available as soon as Owest receives the vendor release. Such cost data shall be treated as Confidential Information, jf requested by Owest under the non-djsclosure sectjons of this Agreement. Negotiations Template, Exhibit F 5/5/2006 Page 1 awest All States EXHIBIT G INTENTIONALLY LEFT BLANK October 4, 2004 Page EXHIBIT H Calculation of the Relative Use Factor (RUF) Minutes that are Qwest's responsibility (A): All EAS/Local 251 (b )(5) Minutes of Use (MOU) that Owest sends to GLEG All Qwest Exchange Access MOU that Qwest sends to GLEG EAS/Local 251 (b)(5) traffic that transits Qwest network and is termjnated to GLEG for whjch Qwest receives compensation from the origjnating Garrjer for performing the local transiting functjon AllintraLATA transjt MOU that Qwest sends to GLEG . AIIISP-bound and FX MOU that GLEG sends to Qwest Minutes that are CLEC's responsibility (B): All EAS/LocaI251(b)(5) MOU that GLEG sends to Qwest All Exchange Access MOU that GLEG sends to Qwest All EAS/Local 251 (b)(5) traffic that GLEG sends to Qwest for terminatjon on another , Garrjer s network AlllntraLATA transit MOU that GLEG to Qwest All Jojntly Provjded Switched Access (unless joint NEGA 4 bjlling percentages have been filed) that Qwest sends to GLEG and that GLEG sends to Qwest . AIIISP-bound and VNXX MOU that Qwest sends to GLEG All VNXX MOU that transits Qwest network and js terminated to GLEG The mathematical equation for RUF is as follows: Qwest (A) / (A+B) CLEC (B) (A+B) Rounded to nearest whole percentage Rounded to nearest whole percentage Data used for the calculation will be the average of the most recent three (3) months usage determjned not to be an anomaly. Exhibit H -Qwest Fourteen State Template Version 1.8, May 11 2005 Qwest All States Except Minnesota and Washington Exhibit I - Individual Case Basis This Agreement contains references to both ICB rates and ICB intervals. The purpose of this exhibit is to identify how CLEC's ICB requests - whether they be for rates or intervals - are processed through and by Qwest. ICB Rate Intervals 2.2 2.3 F or those products and services identified in the SGA T that contain a provision for ICB rates, Qwest will provide CLEC with a written quote of the ICB rate within twenty (20) business days unless a specific interval for providing the quote is either contained in the SGA T or this Exhibit. The purpose of this subsection is to identify those circumstances when the generic twenty (20) business day interval in the aforementioned subsection to this Exhibit does not apply. In these specified circumstances, Qwest shall provide CLEC with an ICB quote within the stated specific intervals: 2.2.Quotes for all Bona Fide Requests (BFR) shall be provided in accord with Section 17. Quotes for all Special Request Processes (SRP) shall be provided in accord with Exhibit F. 2.2.3 Quotes for all collocation requests, regardless of the type collocation, shall be provided in accord with the Section 8 interval. 2.2.4 Quotes for all Field Connection Point requests shall be provided in accord with Section 9.3. 2.2.Quotes for all Advanced Intelligent Network (AIN) requests shall be provided in accord with Section 9. Upon request, Qwest shall provide CLEC with Qwest's supporting cost data and/or cost studies for the Unbundled Network Element or service that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Consistent with the terms and conditions of any applicable vendor contract or agreement, Qwest shall diligently pursue obtaining the release of cost information as soon as reasonably possible. To the extent consistent with the terms and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost information when. Qwest communicates with the vendor(s) when Qwest seeks a quote for the costs of the ICB project. Such cost data shall be treated as confidential information if requested by Qwest under the non-disclosure sections of this Agreement. ICB Provisioning Intervals Negotiations Template, Exhibit I 20-Page 1 3.2 Exhibit I - Individual Case Basis For those products and services provided pursuant to this SGAT that contain a provision for ICB interval but do not contain a specific provision for when the ICB interval shall be provided, the ICB interval shall be provided within twenty (20) business days of receipt of the order, request or application. For ICB intervals for those products and services that require negotiated project time lines for installation, such as 2/4 wire analog loop for more than twenty-five (25) loops, the Qwest representative, authorized to commit to intervals, shall meet with CLEC's representative within seven (7) business days of receipt of the request from CLEC to negotiate intervals. Negotiations Template, Exhibit I 20-Page 2 Exhibit J Election of Reciprocal Compensation Option N/A - NOT APPLICABLE Negotiations Template Exhibit J 5/5/2006 Page I Exhibit K PERFORMANCE ASSURANCE PLAN Introduction As set forth in this Agreement, Owest and .CLEC voluntarjly agree to the terms of the followjng Performance Assurance Plan ("PAP"), prepared jn conjunctjon with Owesfs applicatjon for approval under Section 271 of the Telecommunjcatjons Act of 1996 (the "Act") to offer jn-regjon long distance service. Plan Structure The PAP js a two-tjered, self-executing remedy plan. CLEC shall be provjded wjth Tjer 1 payments jf, as applicable, Owest does not provide parity between the servjce jt provjdes to CLEC and that which it provjdes to its own retajl customers, or Owest fails to meet appljcable benchmarks. 1 As specifjed jn section 7., jf Owest fails to meet parjty and benchmark standards on an aggregate CLEC basis, Owest shall make Tier 2 payments to a Fund establjshed by the state regulatory commissjon or, jf required by existing law, to the state general fund. As specifjed in sections 6.0 and 7.0 and Attachments 1 and 2 , payment is generally on a per occurrence basis , (Le., a set dollar payment times the number of non-conforming servjce events). For the performance measurements whjch do not lend themselves to per occurrence payment, payment is on a per measurement basjs , (Le., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance, (Le., an escalating payment the longer the duratjon of non-conforming performance). Owest shall be jn conformance wjth the parjty standard when service Owest provjdes to CLEC js equivalent to that whjch it provides to jts retajl customers. The PAP reljes upon statistjcal scorjng to determine whether any djfference between CLEC and Owest performance results js sjgnjficant, that js, not attributable to simple random varjation. Statjstical parjty shall exist when performance results for CLEC and for Owest retajl analogue result in a z-value that is no greater than the crjtjcal z- values Ijsted jn the Crjtjcal Z-Statistjcal Table in sectjon 5. 2.4 For performance measurements that have no Owest retail analogue , agreed upon benchmarks shall be used. Benchmarks shall be evaluated usjng a "stare and compare" method. For example, jf the benchmark js for a partjcular performance measurement js 95% or better, Owest performance results must be at least 95% to meet the benchmark. Percentage benchmarks will be adjusted to round the allowable number of misses up or down to the closest integer, except when a benchmark standard and low GLEC volume are such that a 100% performance result would be required to meet the standard and has not been attained. In such a Owest Idaho SGA T Third Revised , Fifth Amended Exhjbjt K, November 30, 2004 - 1- Exhibit K situatjon , the determjnatjon of whether Owest meets or fails the benchmark standard wjll be made using performance results for the month jn quest jon, plus a suffjcient number of consecutive months so that a 100% performance result would not be required to meet the standard. For purposes of sectjon 6., a meet or fajl determjned by this procedure shall count as a sjngle month. Performance Measurements The performance measurements included jn the PAP are set forth in Attachment 1. Each performance measurement identifjed is defined in the Performance Indjcator Defjnitions ("PI Ds ) developed jn the ROG Operational Support System ("OSS") collaborative , and which are included jn the SGA T at Exhibit B. The measurements have been designated as Tjer 1 , Tier 2 , or both Tier 1 and Tjer 2 and given a High, Medium , or Low designatjon. Statistical Measurement Owest uses a statistical test, namely the modified "test " for evaluatjng the difference between two means (Le., Owest and GLEG service or repair intervals) or two percentages (e., Owest and GLEG proportions), to determjne whether a parjty conditjon exjsts between the results for Owest and the GLEG(s). The modjfied z- tests shall be appljcable jf the number of data points are greater than 30 for a gjven measurement. For testing measurements for whjch the number of data pojnts are 30 or less , Owest will use a permutatjon test to determjne the statjstjcal sjgnjficance of the djfference between Owest and GLEG. Owest shall be jn conformance when the monthly performance results for parjty measurements (whether jn the form of means, percents, or proportions and at the equivalent level of disaggregation) are such that the calculated z-test statistjcs are not greater than the critjcal z-values as Ijsted in Table 1 , sectjon 5. Owest shall be in conformance wjth benchmark measurements when the monthly performance result equals or exceeds the benchmark, jf a higher value means better performance , and when the monthly performance result equals or js less than the benchmark jf a lower value means better performance. The formula for determining parjty usjng the modjfied z-test is: z;:: DIFF O'DiFF Where: DIFF ;:: Mawest - MCLEC MaWEST ;:: Owest average or proportion Qwest Idaho SGA T Thjrd Revised, Fifth Amended Exhibjt K, November 30, 2004 - 2- Exhibit K MCLEC = CLEC average or proportion crOIFF = square root Dcr Qwest (1/ n CLEC + 1/ n Qwest)) Qwest = calculated varjance for Qwest nQwest = number of observatjons or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests will be appljed to reported parity measurements that contain more than 30 data pojnts. In calculating the djfference between Qwest and CLEC performance, the above formula applies when a larger Qwest value jndicates a better level of performance. In cases where a smaller Qwest value indjcates a higher level of performance, the order is reversed , Le., MCLEC - MQwEsT. For parjty measurements where the number of data pojnts is 30 or less Qwest wjll apply a permutation test to test for statjstjcal signifjcance. Permutatjon analysjs will be applied to calculate the z-statjstic usjng the followjng logic: Calculate the modjfjed z-statistjc for the actual arrangement of the data Pool and mix the CLEC and Qwest data sets Perform the followjng 1000 tjmes: Randomly subdjvjde the pooled data sets jnto two pools, one the same sjze as the orjgjnal CLEC data set (nCLEC) and one reflecting the remajnjng data pojnts, and one reflecting the remainjng data points (whjch js equal to the sjze of the orjgjnal Qwest data set or nQWEST). Compute and store the modjfied z-test score (Zs) for thjs sample. Count the number of times the z-statjstjc for a permutatjon of the data greater than the actual modified z-statistic Compute the fractjon of permutatjons for which the statjstjc for the rearranged data is greater than the statjstic for the actual samples If the fractjon js greater than a, the signjficance level of the test, the hypothesis of no difference is not rejected, and the test is passed. The a shall be .05 when the critical z value is 1 . . 645 and .15 when the critjcal z value js 1.04. Critical Z-Value The following table shall be used to determine the crjtjcal z-value that is referred to in settjon 6.0. It js based on the monthly business volume of the CLEC Owest Idaho SGAT Thjrd Revjsed, Fjfth Amended Exhjbjt K, November 30 2004 - 3- Exhibit K for the partjcular performance measurements for which statistic testing js bejng performed. TABLE 1: CRITICAL Z-VALUE CLEC volume LIS Trunks UDITs,All Other (Sample size)Resale , UBL-DS1 and DS- 04*645 11-150 645 645 151-300 301-600 601-3000 3001 and above The 1.04 appljes for indivjdual month testjng for performance measurements involving LIS trunks and DS-1 and DS-3 that are UDlTs, Resale , or Unbundled Loops. The performance measure~ents are OP-3d/e, OP-4d/e, OP-, OP-4/5 MR-5a/b, MR-7d/e, and MR- For purposes of determjning consecutive month mjsses, 1.645 shall be used. Where performance measurements disaggregate to zone 1 and zone 2, the zones shall be combined for purposes of statjstical testing. Tier 1 Payments to CLEC Tier 1 payments to CLEC shall be made solely for the performance measurements designated as Tier 1 on Attachment 1. The payment amount for non- conforming servjce varjes depending upon the designation of performance measurements as Hjgh, Medium, and Low and the duration of the non-conformjng service condjtion as descrjbed below. Non-conformjng servjce js defjned jn section Determinatjon of Non-Conforming Measurements: The number of performance measurements that are determjned to be non-conforming and therefore , eligible for Tier 1 payments , are Ijmjted according to the crjtical z-value shown in Table 1 , section 5.0. The critical z-values are the statistical standard that determines for each CLEC performance measurement whether Qwest has met parity. The crjtical z-value js selected from Table 1 according to the monthly CLEC volume for the performance measurement. For instance, if the CLEC sample size for that month is 100, the crjtical z-value is 1.645 for the statjstical testing of that parity performance measurement. Determination of the Amount of Payment: Tier 1 payments to CLEC, except as provided for in sections 6.3 and 10.0, are calculated and pajd monthly based on the number of performance measurements exceeding the critical z-value. Payments Qwest.ldaho SGAT Third Revised , Fifth Amended Exhjbjt K, November 30,2004 - 4- Exhibit K will be made on ejther a per occurrence or per measurement basis, depending upon the performance measurement, usjng the dollar amounts specifjed in Table 2 below. The dollar amounts vary dependjng upon whether the performance measurement is designated Hjgh, Medium, or Low and escalate dependjng upon the number of consecutjve months for which Owest has not met the standard for the particular measurement. The escalatjon of payments for consecutive months of non-conforming servjce will be matched month for month wjth de-escalation of payments for every month of conforming service. For example , jf Owest has four consecutive monthly misses" jt wjll make payments that escalate from month 1 to month 4 as shown jn Table 2. If, in the next month, service meets the standard Owest makes no payment. A payment "indjcator" de-escalates down from month 4 to month 3. Owest mjsses the following month, it will make payment at the month 3 level of Table 2 because that js where the payment "jndjcator" presently sjts. If Owest mjsses again the followjng month , it wjll make payments that escalate back to the month 4 level. The payment level wjll de-escalate back to the orjgjnal month 1 level only upon conformjng service suffjcjent to move the payment "indjcator" back to the month level. For those performance measurements Ijsted on Attachment 2 Performance Measurements Subject to Per Measurement Caps " payment to a CLEC jn a sjngle month shall not exceed the amount listed jn Table 2 below for the Per Measurement" category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments " payment to a CLEC will be the amount set forth jn Table 2 below under the section labeled "per measurement." TABLE 2: TIER-1 PAYMENTS TO CLEC Per Occurrence Measurement Group Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 and each following month HjQh $150 $250 $500 $600 $700 $800 Medium $ 75 $150 $300 $400 $500 $600 Low $ 25 $ 50 $100 $200 $300 $400 Per Measurement Cap Measurement Group Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 and each following month HiQh $25 000 $50 000 $75 000 $100 000 $125 000 $150 000 Medjum $10,000 $20 000 $30,000 $ 40 000 $ 50 000 $ 60 000 Low $ 5,000 $10 000 $15,000 $20 000 $ 25 000 $ 30 000 Qwest Idaho SGAT Third Revised, FifthAmended Exhibit K, November 30 2004 - 5- Exhibit K For collocatjon, CP-2 and CP-4 performance measurements shall be relied upon for delineation of collocatjon busjness rules. For purposes of calculating Tier payments , collocatjon jobs and collocatjon feasjbility studies that are later than the due date will have a per day payment appljed accordjng to Table 3. The per day payment will be appljed to any collocatjon job in whjch the feasjbiljty study is provided or the collocatjon installatjon is completed later than the scheduled date. The calculatjon of the payment amount will be performed by applyjng the per day payment amounts as specified jn Table 3. Thus, for days 1 through 10 , the payment is $150 per day. For days 11 through 20, the payment is $300 per day and so on. TABLE 3: TIER-1 COLLOCATION PAYMENTS TO CLECS Days Late Completjon Date Feasibility Study 1 to 10 days $150/day $45/day 11 to 20 days $300/day $90/day 21 to 30 days $450/day $135/day 31 to 40 days $600/day $180/day More than 40 days 000/day $300/day 6.4 A mjnimum payment calculatjon shall be performed at the end of each year for each CLEC wjth annual order volumes of no more than 1 200. The payment shall be calculated by multiplyjng $2 000 by the number of months in whjch at least one payment was due to the CLEC. To the extent that the actual CLEC payment for the year is less than the product of the precedjng calculation , Owest shall make an addjtjonal payment equal to the djfference. Tier 2 Payments to the State Payments to the State shall be Ijmjted to the performance measurements designated jn sectjon 7.4 for Tier 2 per measurement payments and in Attachment for per occurrence payments and which have at least 10 data pojnts each month for the perjod payments are being calculated. Sjmjlar to the Tier 1 structure, Tjer 2 measurements are categorized as Hjgh , Medjum, and Low and the amount of payments for non-conformance varjes accordjng to thjs categorization. Determjnation of Non-Conformjng Measurements: The determjnation of non- conformance will be based upon the aggregate of all CLEC data for each Tier 2 performance measurement. Non-conformjng servjce js defjned in section 4.2 (for parity measurements) and 4.3 (for benchmark measurements), except that a 1.645 critical z-value shall be used for Tier 2 parjty measurements that have Tjer counterparts. The crjtical z-value is the statjstical standard that determines for each performance measurement whether Owest has met parjty. Qwest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 6- Exhibit K Determinatjon of the Amount of Payment: Except as provjded jn section 7.4 Tjer 2 payments are calculated and pajd monthly based on the number performance measurements fajljng performance standards for a third consecutjve month, or jf two out of three consecutive months jn the 12 month period have been missed, the second consecutive month for Tjer 2 measurements with Tjer counterparts. For Tier 2 measurements that do not have Tier 1 counterparts payments are calculated and paid monthly based on the number of performance measurements exceeding the critical z-values, identified in sectjon 5., jn any sjngle month. Payment will be made on either a per occurrence or per measurement basjs whjchever is appljcable to the performance measurement, usjng the dollar amounts specified in Table 4 or Table 5 below. Except as provided in sectjon 7.4, the dollar amounts vary dependjng upon whether the performance measurement is desjgnated Hjgh , Medium, or Low. For those Tjer 2 measurements Ijsted on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps," payment to the State in a sjngle month shall not exceed the amount Ijsted jn Table 4 for the "Per Measurement" category. TABLE 4: TIER-2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group Hjgh $500 Medjum $300 Low $200 Per MeasuremenUCa Measurement Grou Hj h Medium Low $75 000 $30 000 $20 000 7.4 Performance Measurements Subject to Per Measurement' Payment:The following Tier 2 performance measurements shall have their performance results measured on a region-wjde (14 state) basjs. Fajlure to meet the performance standard, therefore, will result jn a per measurement payment jn each of the Qwest jn-region 14 states adoptjng this PAP. The performance measurements are: GA-1: Gateway Avajlabiljty - IMA-GUI GA-2: Gateway Availabiljty - IMA-EDI GA-3: Gateway Availability - EB- GA-4: System Avajlability EXACT GA-6: Gateway Availability - GUI-Repajr PO-1: Pre-Order/Order Response Times OP-2: Call Answered wjthin Twenty Seconds - Interconnect Provisionjng Center Qwest Idaho SGAT Third Revjsed , Fjfth Amended Exhibjt K, November 30 2004 - 7- Exhibit K MR-2: Calls Answered within Twenty Seconds -Interconnect Repair Center GA-1 has two sub-measurements: GA-, and GA-1 D. PO-1 shall have two sub- measurements: PO-1 A and PO-1 B. PO-1 A and PO-1 B shall have their transactiontypes aggregated together. For these measurements ' Owest will make a Tier 2 payment based upon monthly performance results accordjng to Table 5: Tier 2 Per Measurement Payments to State Funds. TABLE 5: TIER-2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measuremen Performance State Payment 14 State Payment GA-1 ,3,4,1 % or lower 000 $14 000 ~1% to 3%$10 000 $140 000 ~3% to 5%$20,000 $280 000 ~5%$30,000 $420 000 PO.,2 sec. Or less 000 $14 000 sec.000 $70 000 sec. ~5 sec. to $10,000 $140 000 sec. ~1 0 sec.$15 000 $210 000 OP-2/MR-1 % or lower 000 $14 000 ~1% to 3%000 $70,000 ~3% to 5%$10,000 $140 000 ~5%$15 000 $210 000 Step by Step Calculation of Monthly Tier 1 Payments to CLEC Applicatjon of the Crjtjcal ZValues: Owest shall jdentify the Tier 1 parity performance measurements that measure the servjce provided to CLEC by Owest for the month jn question and the critical z-value from Table 1 in sectjon 5.0 that shall be used for purposes of statistical testjng for each partjcular performance measurement. The statistjcal testing procedures descrjbed jn section 4.0 shall be appljed. For the purpose of determining the critical z-values, each disaggregated category of a performance measurement is treated as a separate sub-measurement. The critjcal z-value , to be appljed is determined by the CLEC volume at each level of djsaggregation or sub-measurement. Performance Measurements for whjch Tier 1 Payment is Per Occurrence: Performance Measurements that are Averages or Means:. Owest Idaho SGA T Third Revised, Fjfth Amended Exhjbjt K, November 30, 2004 - 8- Exhibit K 1 Step 1: For each performance measurement, the average or the mean that would yield the critjcal z-value shall be calculated. The same denomjnator as the one used in calculating the z-statjstjc for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The percentage djfferences between the actual averages and the calculated averages shall be calculated. The calculation is % djff = (CLEC result- Calculated Value)/Calculated Value. The percent difference shall be capped at a maximum of 100%. In all calculatjons of percent djfferences jn sectjons 8.0 and 9. the calculated percent differences is capped at 100%. 2 Step 3: For each performance measurement, the total number of data points shall be multjpljed by the percentage calculated in the prevjous step and the per occurrence dollar amounts from the Tier 1 Payment Table shall determine the payment to the CLEC for each non-conformjng performance measurement. Performance Measurements that are Percentages: 1 Step 1: For each performance measurement, the percentage that would yield the critical z-value shall be calculated. The same denominator as the one used in calculatjng the z- statjstjc for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The difference between the actual percentages for the CLEC and the calculated percentages shall be determined. 3 Step 3: For each performance measurement, the total number of data points shall be multjpljed by the djfference in percentage calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table, to determjne the payment to the CLEC for each non-conforming performance measurement. Performance Measurements that are Ratios or Proportjons: 1 Step 1: For each performance measurement the ratio that would yjeld the crjtjcal z-value shall be calculated. The same denominator as the one used calculatjng the z-statjstic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The absolute difference between the actual rate for the CLEC and the calculated rate shall be determined. 3 Step 3: For each performance measurement, the total number of data pojnts shall be multipljed by the djfference calculated in the prevjous step, and the per occurrence dollar amount taken from the Tjer 1 Payment Table, to determine the payment to the CLEC for each non-conformjng performance measurement. Qwest Idaho SGA T Thjrd Revjsed , Fjfth Amended Exhibit K, November 30, 2004 - 9- Exhibit K Performance Measurements for whjch Tier 1 Payment is Per Measure: For each performance measurement where Qwest fails to meet the standard the payment to the CLEC shall be the dollar amount shown on the "per measure portjon of Table 2: Tier 1 Payments to CLEC. Step by Step Calculation of Monthly Tier 2 Payments to State Funds Application of the Crjtjcal Z-Value: Qwest shall identify the Tjer 2 parity performance measurements that measure the servjce provided by Qwest to all CLECs for the month in question. The statjstjcal testing procedures described in sectjon 4.0 shall be applied, except that a 1.645 crjtical z-value shall be used for Tier parjty measurements that have Tjer 1 counterparts For Tjer 2 parjty measurements that do not have Tier 1 counterparts , the statjstical testing procedures descrjbed section 4.0 shall be applied using the critical z-values jdentjfied in sectjon To determine if Tier 2 payments for performance measurements listed on Attachment 1 shall be made jn the current month , the following shall be determjned. For Tjer 2 measurements that have Tjer 1 counterparts, it shall be determjned whether Qwest missed the performance standard for three consecutjve months, or jf Qwest has mjssed the standard jn any two out of three consecutjve months for the 12 month period and for an addjtjonal two consecutjve months. For Tjer 2 measurements that do not have Tjer 1 counterparts, jt shall be determjned whether Qwest missed the performance standard for a single month. If any of these conditions are met and there are at least 10 data points for the measurement in each month, a Tjer 2 payment will be calculated and pajd as described below and will continue jn each succeedjng month until Qwest's performance meets the appljcable standard. For Tier 2 measures that have Tier 1 counterparts , the most recent three months of nonconformjng performance data that results jn payment liabjljty shall be averaged to determine payment. Performance Measurements for which Tier 2 Payment js Per Occurrence: Performance Measurements that are Averages or Means: 1 Step 1: The monthly average or the mean for each performance measurement that would yjeld the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statjstic for the measurement shall be used. (For benchmark measurements, the benchmark value shaH be used. 2 Step 2: The percentage difference between the actual averages and the calculated averages for the relevant month(s) shall be calculated. The calculation for parity measurements is % diff = (actual average - calculated average)/calculated Owest Idaho SGAT Third Revised , Fifth Amended Exhibjt K, November 30 2004 - 10- Exhibit K average. The percent difference shall be capped at a maximum of 100%. In all calculatjons of percent djfferences in sectjon 8.0 and sectjon 9., the calculated percent djfference is capped at 100%. 3 Step 3: For each performance measurement, the total number of data pojnts for the relevant month(s) shall be multiplied by the percentage calculated in the previous step. The amount (average amount , if more than one month) (rounded to the nearest integer) is then multjpljed by the result of the per occurrence dollar amount taken from the Tjer 2 Payment Table to determjne the payment to the State for each non-conformjng performance measurement. Performance Measurements that are Percentages: Step 1: For each performance measurement, the monthly percentage that would yjeld the crjtical z-value for each month shall be calculated. The same denomjnator as the one used in calculating the z-statjstic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The djfference between the actual percentages qnd the calculated percentages for the relevant month(s) shall be calculated. The calculation for parity measurement is djff = (GLEG result - calculated percentage). Thjs formula shall be applicable where a hjgh value js jndicatjve of poor performance. The formula shall be reversed where high performance js jndjcative of good performance. 3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multjplied by the difference jn percentage calculated in the previous step. The amount (average amount, jf more than one month)(rounded to the nearest integer) js then multjplied by the result of the per occurrence dollar amounts taken from the Tjer 2 Payment Table to determjne the payment to the State. 9.4 Performance Measurements that are Ratjos or Proportions: 9.4.Step 1: For each performance measurement, the ratjo that would yjeld the crjtical z-value for each month shall be calculated. The same denominator as the one used jn calculatjng the z-statistjc for the measurement shall be used. (For benchmark measurements , the benchmark value shall be used. 9.4.1 Step 2: The difference between the actual rate for the GLEC and the calculated rate for the relevant month(s) shall be calculated. The calculation is: djff = (GLEC rate calculated rate). Thjs formula shall apply where . a hjgh value is indicative of poor performance. The formula shall be reversed where high performance is indjcatjve of good performance. 2 Step 3: For each performance measurement, the total number of data pojnts shall be multiplied by the difference calculated in the prevjous step for each month. Owest Idaho SGAT Thjrd Revised, Fjfth Amended Exhjbjt K, November 30,2004 - 11- Exhibit K The amount (average amount, if more than one month)(rounded to the nearest jnteger) is then multjpljed by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Performance Measurements for which Tier 2 Payment js Per Measure: For each performance measurement where Owest fajls to meet the standard the payment to the State Fund shall be the dollar amount shown on the "per measure" portjon of the Tjer 2 Payment Table. 10.Low Volume, Developing Markets 10.For certajn qualifyjng performance standards , if the aggregate monthly volumes of GLEGs participating in the PAP are more than 10, but less than 100, Owest will make Tjer 1 payments to GLEGs for failure to meet the parity or benchmark standard for the qualifyjng performance sub-measurements. The qualjfyjng sub-measurements are the UNE-P (POTS), megabit resale, and ADSL qualified loop product djsaggregation of OP-, OP-, OP-, MR-, MR-5, MR-, and MR-8. If the aggregate monthly GLEG volume js greater than 100, the provisions of this section shall not apply to the qualjfyjng performance sub-measurement. 10.The determjnation of whether Owest has met the parity or benchmark standards will be made usjng aggregate volumes of GLEGs participating in the PAP. In the event Owest does not meet the applicable performance standards, a total payment to affected GLEGs will be determjned in accordance wjth the hjgh, medjum low desjgnation for each performance measurement (see Attachment 1) and as descrjbed jn section 8., except that GLEG aggregate volumes will be used. In the event the calculated total payment amount to GLEGs is less than $5 000, a mjnjmum payment of $5 000 shall be made. The resulting total payment amount to GLEGs wjll be apportjoned to the affected GLEGs based upon each GLEG's relative share of the number of total servjce mjsses. 10.At the six (6)-month reviews, Owest will consjder adding to the above Ijst of qualifying performance sub-measurements new products disaggregation representing new modes of GLEG entry into developjng markets. 11.Payment 11.Payments to GLEG, the State, or the Special Fund shall be made one month followjng the due date of the performance measurement report for the month for which payment is being made. Owest will pay jnterest on any late payment and underpayment at the prime rate as reported jn the Wall Street Journal. On any overpayment, Owest is allowed to offset future payments by the amount of the overpayment plus interest at the prjme rate. Owest Idaho SGAT Third Revjsed, Fjfth Amended Exhjbjt K, November 30 2004 - 12- Exhibit K 11.Payment to CLEC shall be made vja bjll credits. Bill credjts shall be identjfied on a summary format substantjally sjmjlar to that distributed as a prototype to the CLECs and the Commissjons. To the extent that a monthly payment owed to CLEC under this PAP exceeds the amount owed to Qwest by CLEC on. a monthly bill Qwest wjll jssue a check or wire transfer to CLEC in the amount of the overage. . Payment to the State shall be made vja check or wjre transfer. 11.3 A Special Fund shall be created for the purpose of payment of an independent audjtor and audit costs as specified in section 15.0 and payment of other expenses incurred by the participatjng Commjssions in the regional administratjon of the PAP. 11.1 Qwest shall establjsh the Specjal Fund as an jnterest bearjng escrow account upon the fjrst FCC section 271 approval of the PAP appljcable to a partjcipating state Commjssion. Qwest shall be authorized to wjthhold and deposit jnto the Specjal Fund one-half of all Tjer 2 payments. The cost of the escrow account will be paid for from account funds. 11.2 Commissjons participating in the Special Fund shall appojnt a person designated to admjnister and authorjze disbursement of funds. All clajms against the fund shall be presented to the Commjssjons' designates and shall be the responsibjlity of the pa~jcipating Commissjons. 11.3 Qwest shall advance funds to meet jnitjal clajms agajnst the Special Fund to the extent Tier 2 contrjbutjons are jnsuffjcient. Such funds shall not exceed $500 000 and shall be reduced approprjately in the event that at least six states in which the QPAP js in effect do not agree to participate in the Special Fund. Upon a determjnatjon by the partjcipatjng Commissjons that the Special Fund has become self-sustainjng or js no longer requjred, Qwest shall be allowed to recover any such advances plus jnterest at the rate that the escrow account would have earned. 11.3.4 Upon the execution of a memorandum of understanding wjth the Idaho Commjssion Qwest shall establish an Idaho Djscretjonary Fund as a separate jnterest bearjng escrow account. Qwest shall deposjt into the Discretionary Fund the remainjng balance of Tier 2 payments after djsbursement of Tjer 2 payments to the Special Fund pursuant to sectjon 13.1. The Commjssion shall appojnt a person designated to admjnister and authorjze disbursements of funds from the Djscretjonary Fund. Disbursements from the Discretionary Fund shall be Ijmited to competjtively neutral Idaho telecommunications jnitiatives. The costs of the Discretjonary Fund will paid for from the account's funds. 12.Cap on Tjer 1 and Tier 2 Payments 12.There shall be a cap on the total payments made by Qwest for a 12 month period beginnjng wjth the effective date of the PAP for the State of Idaho. The Owest Idaho SGAT Third Revjsed, Fjfth Amended Exhibit K, November 30 2004 - 13- Exhibit K annual cap for the State of Idaho shall be 36% of ARMIS Net Return , recalculated each year based upon the prior year s Idaho ARMIS results , subject to any appljcable adjustment permitted pursuant to sectjon 12.2. Owest shall submit to the Commissjon the calculatjon of each year s cap no later than 30 days after submission of ARMIS results to the FCC. CLEC agrees that this amount constitutes a maximum annual cap that shall ' apply to the aggregate total of Tjer 1 Ijqujdated damages jncludjng any such damages pajd pursuant to thjs Agreement, any other interconnectjon agreement, or any other payments made for the same underlying actjvity or omjssjon under any other contract, order or rule and Tier 2 assessments or payments made by Owest for the same underlyjng actjvity or omissjon under any other contract , order or rule. 12.The 36% annual cap may be increased to 44% or decreased to 30% of ARMIS Net Return as follows: 12.1 An increase jn the cap of a maxjmum of 4 percentage pojnts at anyone tjme (i.e., fjrst to 40 percent) shall occur upon order by the Commjssion if the cap has been exceeded for any consecutive period of 24 months by that same 4 percent or more, provided that: (a) the Commission has determjned that the preponderance of the evidence shows Owest could have remajned beneath the cap through reasonable and prudent effort, and (b) the Commjssjon has made that determinatjon after having avajlable to jt on the record the results of audjts and root cause analyses , and provided an opportunity for Owest to be heard. 12.2 A decrease in the cap of a maxjmum of 4 percentage pojnts at anyone tjme shall occur upon order by the Commissjon after performance for any consecutive perjod of 24 months in which total payments are 8 or more percentage pojnts below the cap amount, provjded that: (a) the Commissjon has determined that the preponderance of the evjdence shows the performance results underlyjng those payments results from an adequate Owest commitment to meeting jts responsjbjlitjes to provide adequate wholesale service and to keeping open its local markets and (b) the Commjssion shall have made that determjnation after providing all jnterested parties an opportunity to be heard. 12.3 The provisions of 12.1 and 12.2 shall be in effect for the next 24 month period commencing with the end of the 24 month period upon which the Commjssjon s order is based. 12.If the annual cap js reached , each CLEC shall , as of the end of the year, be entjtled to receive the same percentage of its total calculated Tjer 1 payments. order to preserve the operatjon of the annual cap, the percentage equalizatjon shall take place as follows: 12.1 The amount by which any month'total year-to-date Tier 1 and Tjer 2 payments exceeds the cumulative monthly cap (defjned as 1/1ih of the annual cap tjmes the cumulative number of months to date) shall be calculated and apportioned Qwest Idaho SGAT Thjrd Revjsed, Fifth Amended Exhjbjt K, November 30 2004 - 14- Exhibit K between Tier 1 and Tier 2 according to the percentage that each bore of total payments for the year-to-date. The Tjer 1 apportjonment resultjng of this calculation shall be known as the "Trackjng Account" 12.2 The Tjer 1 apportjonment shall be debjted against the monthly payment due to each CLEC, by applyjng to the year-to-date payments recejved by each the percentage necessary to generate the required total Tier 1 amount 12.3 The Trackjng Amount shall be apportjoned among all CLECs so as to provide each with payments equal jn percentage of jts total year to date Tjer 1 payment calculations. 12.3.4 Thjs calculatjon shall take place in the first month that the year-to-date total Tjer 1 and Tjer 2 payments are expected to exceed the cumulatjve monthly cap and for each month of that year thereafter. Qwest shall recover any debjted amounts by reducing payments due to any CLEC for that month and any succeedjng months, as necessary. 13.Limitations 13.The PAP shall not become available jn the State unless and untjl Qwest recejves effective sectjon 271 authorjty from the FCC for that State. 13.Qwest will not be liable for Tier 1 payments to CLEC jn an FCC approved state until the Commissjon has approved an interconnectjon agreement between CLEC and Qwest which adopts the provisions of thjs PAP. 13.Qwest shall not be obljgated to make Tier 1 or Tjer 2 payments for any measurement if and to the extent that non-conformance for that measurement was the result of any of the followjng: 1) with respect to performance measurements with a benchmark standard, a Force Majeure event as defjned in section 5.7 of the SGAT. Qwest will provjde notjce of the occurrence of a Force Majeure event wjthin 72 hours of the tjme Qwest learns of the event or wjthjn a reasonable tjme frame that Qwest should have learned of jt; 2) an act or omissjon by a GLEC that is contrary to any of its obljgatjons under jts jnterconnection agreement with Qwest or under federal state law; an act or omjssjon by CLEC that js in bad fajth. Examples of bad faith conduct include, but are not limited to: unreasonably holding servjce orders and/or applications , " dumpjng" orders or applications jn unreasonably large batches, dumping" orders or applicatjons at or near the close of a busjness day, on a Frjday evening or prior to a holiday, and failjng to provide tjmely forecasts to Qwest for servjces or facjljtjes when such forecasts are explicitly required by the SGAT; 3) problems associated with third-party systems or equipment, which could not have been avoided by Qwest in the exercise of reasonable djligence, provided, however that this third party exclusion will not be rajsed in the State more than three tjmes withjn a calendar year. If a Force Majeure event or other excusing event recognized awest Idaho SGAT Third Revised, Fifth Amended Exhjbjt K, Noyember 30 2004 - 15- Exhibit K in this sectjon merely suspends Qwest's abjlity to tjmely perform an activity subject to a performance measurement that is an jnterval measure , the applicable time frame in which Qwest's compliance wjth the parity or benchmark crjterion js measured will be extended on an hour-for-hour or day-for-day basis, as applicable, equal to the duration of the excusing event. 13.1 Qwest will not be excused from Tjer 1 or Tier 2 payments for any reason except as described in Sectjon 13.0. Qwest wjll have the burden of demonstrating that its non-conformance with the performance measurement was excused on one of the grounds descrjbed jn this PAP. A party may petjtion the Commission to require Qwest to deposit djsputed payments jnto an escrow account when the requesting party can show cause, such as grounds provided in the Uniform Commercjal Code for cases of commercial uncertainty. 13.2 Notwithstanding any other provjsjon of section 13 of thjs QPAP , Qwest shall not be excused for fajljng to provide such performance that Qwest could reasonably have been expected to deliver assumjng that jt had desjgned , implemented, staffed, provjsioned , and otherwise provjded for resources reasonably requjred to meet foreseeable volumes and patterns of demands upon jts resources by CLECs. 13.4 Qwest's agreement to jmplement these enforcement terms , and specifically its agreement to pay any "liqujdated damages" or "assessments" hereunder, will not be considered as an admission against jnterest or an admission of Ijabjlity in any legal , regulatory, or other proceedjng relating jn whole or in part to the same performance. 13.4.1 CLEC may not use: 1) the existence of thjs enforcement plan; or 2) Qwest's payment of Tier -1 "Ijquidated damages" or Tier 2 "assessments" as evidence that Qwest has discrjminated in the provjsjon of any faciljtjes or servjces under Sections 251 or 252 , or has vjolated any state or federal law or regulatjon. Qwest's conduct underlyjng jts performance measures, however are not made jnadmissible by its terms. 13.4.2 By accepting thjs performance remedy plan CLEC agrees that Qwest's performance wjth respect to thjs remedy plan may not be used as an admissjon of liabjlity or culpability for a violation of any state or federal law or regulation. (Nothjng herein is intended to preclude Qwest from introducjng evidence of any Tier 1 liquidated damages" under these provisions for the purpose of offsetting the payment agajnst any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commjssjon or the FCC to determine whether Qwest has met or continues to meet the requjrements of section 271 of the Act. Qwest Idaho SGA T Third Revised, Fjfth Amended Exhjbjt K, November 30, 2004 - 16- Exhibit K 13.By jncorporatjng these liqujdated damages terms into the PAP, Qwest and CLEC acceptjng this PAP agree that proof of damages from any non-conforming performance measurement would be difficult to ascertajn and, therefore, Ijquidated damages are a reasonable approxjmation of any contractual damages that may result from a non-conforming performance measurement. Qwest and CLEC further agree that Tier 1 ppyments made pursuant to this PAP are not jntended to be a penalty. The appljcatjon of the assessments and damages provided for herein is not intended to foreclose other noncontractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.Thjs PAP contains a comprehensive set of performance measurements statjstjcal methodologjes, and payment mechanjsms that are designed to functjon together, and only together, as an jntegrated whole. To elect the PAP , CLEC must adopt the PAP in jts entjrety, jn jts interconnectjon agreement with Qwest. electjng remedies under the PAP, CLEC waives any causes of action based on a contractual theory of liabjlity, and any rjght of recovery under any other theory of liabjljty (jncluding but not limited to a state utiljty regulatory commjssion or Federal Communications Commjssion rule or order) to the extent such recovery js related to harm compensable under a contractual theory of liabjljty (even though it js sought through a noncontractual clajm , theory, or cause of actjon). 13. If for any reason a CLEC agreeing to this QPAP js awarded compensatjon for the same harm for whjch it recejved payment under the QPAP , the court or other adjudicatory body hearjng such a clajm may offset the damages resulting from such claim against payments made for the same harm. 13.Qwest shall not be Ijable for both Tier 2 payments under the PAP and assessments , sanctions , or other payments for the same underlying activity or omjssion pursuant to any Commjssjon order or service qualjty rules. 13.Whenever a Qwest Tier 1 payment to an indjvjdual CLEC exceeds $3 million jn a month , Qwest may commence a proceeding to demonstrate why it should not be requjred to pay any amount in excess of the $3 milljon. Upon timely commencement of the proceedjng, Qwest must pay the balance of payments owed in excess of $3 milljon jnto escrow, to be held by a third-party pending the outcome of the proceeding. To invoke these escrow provjsjons , Qwest must fjle, not later than the due date of the Tjer 1 payments, jts application. Qwest will have the burden of proof to demonstrate why, under the circumstances, jt would be unjust to requjre it to make the payments jn excess of $3 million. If Qwest reports non-conforming performance to CLEC for three consecutive months on 20% or more of the measurements reported to CLEC and has incurred no more than $1 milljon in liability to GLEC, then awest Idaho SGAT Thjrd Revjsed, Fifth Amended Exhibit K, November 30 2004 17- Exhibit K CLEC may commence a simjlar proceedjng. In any such proceedjng CLEC wjll have the burden of proof to demonstrate why, under the circumstances , justjce requires awest to make payments jn excess of the amount calculated pursuant to the terms of the PAP. The djsputes identified jn thjs sectjon shall be resolved in a manner specifjed in the Dispute Resolutjon section of the SGA T wjth the CLEC. 14.Reporting 14.Upon recejving effectjve section 271 authorjty from the FCC for a state awest will provjde CLEC that has an approved jnterconnection agreement wjth awest, a monthly report of awest's performance for the measurements jdentified jn the PAP by the last day of the month followjng the month for which performance results are being reported. However, awest shall have a grace period of fjve busjness days , so that awest shall not be deemed out of compliance with its reportjng obligatjons before the expjratjon of the five business day grace perjod. awest will collect, analyze, and report performance data for the measurements Ijsted on Attachment 1 jn accordance with the most recent versjon of the PIDs. Upon CLEC's request, data files of the CLEC's raw data , or any subset thereof, will be transmitted , wjthout charge, to CLEC jn a mutually acceptable format, protocol, and transmissjon medjum. 14.awest will also provide the Commissjon a monthly report of aggregate CLEC performance results pursuant to the PAP by the last day of the month following the month for whjch performance results are being reported. However, awest shall have a grace perjod of five business days , so that awest shall not be deemed out of compljance with jts reportjng obligations before the expiratjon of the five business day grace perjod. Indjvjdual CLEC reports of partjcipatjng CLECs will also be available to the Commjssjon upon request. By acceptjng this PAP , CLEC consents to awest provjdjng CLEC's report and raw data to the State Commjssjon. Pursuant to the terms of an order of the Commjssion, awest may provjde CLEC-specifjc data that relates to the PAP , provjded that awest shall first jnjtjate any procedures necessary to protect the confidentjality and to prevent the publjc release of the jnformation pending any appljcable Commjssjon procedures and further provided that awest provides such notjce as the Commissjon directs to the CLEC jnvolved , jn order to allow it to prosecute such procedures to their completion. Data files of particjpating CLEC raw data , or any subset thereof, will be transmjtted, wjthout charge, to the Commjssion in a mutually acceptable format, protocol , and transmjssion form. 14.In the event awest does not provide CLEC and the Commission with a monthly report by the last day of the month followjng the month for whjch performance results are bejng reported , awest will pay to the State a total of $500 for each busjness day for whjch performance reports are 6 to 10 business days past the due date; $1 000 for each business day for which performance reports are 11 to 15 Owest Idaho SGAT Thjrd Revised, Fjfth Amended Exhibit K, November 30 2004 - 18- Exhibit K busjness days past the due date; and $2 000 for each business day for whjch performance results are more than 15 busjness days past the due date. If reports are on tjme but are missing performance results , awest wjll pay to the State a total of one-fjfth of the late report amount for each mjssing performance measurement subject to a cap of the full late report amount. These amounts represent the total. payments for omjttjng performance measurements or mjssjng any report deadlines rather than a payment per report. Prjor to the date of a payment for late reports awest may file a request for a wajver of the payment, whjch states the reasons for the waiver. The Commission may grant the waiver, deny the waiver, or provide any other reljef that may be appropriate. 14.4 To the extent that awest recalculates payments made under this PAP, such recalculation shall be Ijmited to the preceding three years (measured from the later of the provjsjon of a monthly credjt statement or payment due date). awest shall retajn suffjcient records to demonstrate fully the basis for its calculations for long enough to meet this potentjal recalculatjon obljgatjon. CLEC verjfication or recalculatjon efforts should be made reasonably contemporaneously with awest measurements. In any event, awest shall majntajn the records jn a readily useable format for one year. For the remaining two years, the records may be retained in archived format. Any payment adjustments shall be subject to the jnterest rate provjsjons of sectjon 11. 15.Integrated Audit Program/Investigations of Performance Results 15.Audjts of the PAP shall be conducted jn a two-year cycle under the auspjces of the participating Commissions jn accordance with a detajled audjt plan developed by an jndependent audjtor retajned for a two-year period. The participatjng Commissjons shall select the independent auditor with jnput from awest and CLECs. 15.1 The participatjng Commjssjons shall form an oversjght commjttee of Commjssioners who will choose the independent audjtor and approve the audjt plan. Any djsputes as to the chojce of audjtor or the scope of the audjt shall be resolved through a vote of the chajrs of the participatjng commissions pursuant to Sectjon 15. 15.1.2 The audit plan shall be conducted over two years. The audjt plan will identjfy the specjfic performance measurements to be audited , the specifjc tests to be conducted, and the entjty to conduct them. The audit plan will gjve priorjty to auditjng the hjgher risk areas identjfjed jn the ass report. The two-year cycle will examjne rjsks likely to exist across that period and the past history of testing, jn order to determine what combjnation of hjgh and more moderate areas of risk should be examined during the two-year cycle. The fjrst year of a two-year cycle will concentrate on areas most likely to require follow-up in the second year. Qwest Idaho SGAT Third Revised , Fifth Amended Exhjbjt K, November 30 2004 - 19- Exhibit K 15.3 The audjt plan shall be coordinated with other audit plans that may be conducted by other state commissions so as to avojd duplication, shall not impede Owest's ability to comply with the other provjsjons of the PAP and should be of a nature and scope that can be conducted jn accordance wjth the reasonable course of Owest's busjness operatjons. 15.1.4 Any djspute arising out of the" audjt plan , the conduct of the audit, or audit results shall be resolved by the oversight committee of Gommissjoners. Decisions of the oversight committee of Gommjssjoners may be appealed to a committee of the chajrs of the partjcipatjng Gommissjons. 15.Owest may make management processes more accurate or more efficient to perform wjthout sacrificing accuracy. These changes are at Owest's djscretion but will be reported to the independent auditor in quarterly meetjngs in whjch the audjtor may ask questjons about changes made in the Owest measurement regjmen. The meetjngs , which will be Ijmited to Owest and the independent audjtor, will permit an jndependent assessment of the materjality and proprjety of any Owest changes, including, where necessary, testjng of the change detajls by the independent auditor. The informatjon gathered by the jndependent auditor may be the basis for reports bythe independent audjtor to the participatjng Gommjssjons and, where the Gommjssjons deem it appropriate , to other participants. 15.In the event of a djsagreement between Owest and GLEG as to any issue regarding the accuracy or integrity of data collected , generated, and reported pursuant to the PAP , Owest and the GLEG shall fjrst consult with one another and attempt jn good faith to resolve the jssue. If an jssue is not resolved within 45 days after a request for consultation , GLEG and Owest may; upon a demonstration of good cause, (e., evjdence of material errors or djscrepancies) request an independent audjt to be conducted, at the jnjtiating party s expense. The jndependent auditor will assess the need for an audit based upon whether there exjsts a material deficiency in the data or whether there exjsts an issue not otherwise addressed by the audit plan for the current cycle. The djspute resolution provjsjon of sectjon 18.0 is available to any party questionjng the jndependent auditor s decision to conduct or not conduct a GLEG requested audjt andthe audit fjndjngs , should such an audjt be conducted. An audjt may not proceed untjl djspute resolutjon js completed. Audit findings will jnclude: (a) general applicability of findings and conclusions (Le., relevance to GLEGs or jurisdictions other than the ones causjng test jnjtjation), (b) magnjtude of any payment adjustments required and, (c) whether cost responsibility should be shifted based upon the materialjty and clarity of any Owest non-conformance with measurement requirements (no pre-determined variance is appropriate, but should be based on the auditor s professional judgment). GLEG may not request an audjt of data more than three years from the later of the provision of a monthly credit statement or payment due date. Owest Idaho SGAT Thjrd Revjsed , Fjfth Amended E~hjbit K, November 30 2004 - 20- Exhibit K 15.4 Expenses for the audjt of the PAP and any other related expenses, except that which may be assigned under sectjon 15.3, shall be paid first from the Tier 2 funds jn the Special Fund. For Idaho, the remainder of the audjt expenses wjll be pajd by Owest. 15.Owest wjll jnvestjgate any second consecutive Tier 2 mjss to determine the cause of the mjss and to jdentify the action needed jn order to meet the standard set forth in the performance measurements. To the extent an investjgation determines that a CLEC was responsible in whole or in part for the Tier 2 mjsses, Owest shall receive credjt against future Tier 2 payments in an amount equal to the Tjer 2 payments that should not have been made. The relevant portion of subsequent Tjer 2 payments will not be owed until any responsjble CLEC problems are corrected. For the purposes of thjs sub-section, Tjer 1 performance measurements that have not been desjgnated as Tier 2 wjll be aggregated and the aggregate results will be investigated pursuant to the terms of this Agreement. 16.Reviews 16. 1 Every six (6) months, begjnnjng six months after the effectjve date of sectjon 271 approval by the FCC for the state of Idaho , Owest, CLECs, or the Idaho Public Utilities Commjssion may jnitjate a review of the performance measurements to determine whether measurements should be added, deleted , or modified; whether the appljcable benchmark standards should be modifjed or replaced by parjty standards; and whether to move a classification of a measurement to Hjgh, Medium or Low, Tjer 1 or Tier 2. The criterjon for reclassjfjcatjon of a measurement shall be whether the actual volume of data points was less or greater than antjcipated. Criteria for revjew of performance measurements , other than for possjble reclassifjcation , shall be whether there exjsts an omissjon or fajlure to capture intended performance, and whether there js dupljcation of another measurement. Any disputes regardjng adding, deletjng, or modifying performance measurements shall be resolved pursuant to a proceeding before the Commission and subject to judjcial revjew. No new performance measurements shall be added to this PAP that have not been subject to observatjon as diagnostjc measurements for a perjod of 6 months. Any changes made at the sjx-month review pursuant to thjs section shall apply to and modify this agreement between Owest and CLEC, subject to a stay, modjfication or reversal upon appeal or judicial review. 16.Notwithstandjng section 16., if any agreements on adding, modjfyjng or deleting performance measurements as permitted by section 16.1 are reached between Owest and CLECs participatjng in an industry Regional Oversjght Committee (ROC) PID admjnistration forum, those agreements shall be incorporated into the OPAP and modify the agreement between CLEC and Owest at any tjme those agreements are submjtted to the Commissjon, whether before or after a six- month review. Qwest Idaho SGAT Thjrd Revjsed , Fifth Amended Exhibjt K, Noyember 30 2004 - 21- Exhibit K 16.For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1 are jn effect, Qwest's Ijabjljty for such changes shall be Ijmjted to 10% of the monthly payments that Qwest would have made absent the effect of such changes as a whole. Thjs provjsjon shall be referred as "the 10% payment collar. Such payment Ijmjtation shall be accompljshed by factoring the payments resultjng from the changes to ensure that such payments remain within 10% of the payments Qwest would have made absent such changes. 16.In the event that the Commissjon adds, modjfjes, or reclassjfies a performance measurement that has not been agreed upon in the ROC PID administration forum process jn 16., the 10% payment collar shall remain in effect unless removed by the Commjssjon pursuant to this section. If, after a mjnimum of 6 months of payments to a CLEC , Qwest's payments have been Ijmjted by the 10% payment collar to 80% or less of what the total payments would have been absent the collar for the precedjng 6-month period , the Commjssjon may, upon motjon by an affected CLEC , conduct a record proceedjng to determjne whether the 10% payment collar should be removed from any such performance measure. The Commjssion can prospectively remove the 10% collar for Tier 1 payments to affected CLEC(s) for any such performance measure upon a demonstratjon through a record proceedjng and a Commissjon determination that the total payments to the CLEC(s) under the QPAP were jnadequate to compensate CLEC(s) for actual harm incurred durjng the same perjod and upon a determination that such change is otherwjse necessary and appropriate and in the publjc interest. 16.Two years after the effectjve date of the fjrst FCC 271 approval of the PAP the partjcjpatjng Commjssjons may conduct a joint review by a independent thjrd party to examine the continujng effectjveness of the PAP as a means of inducing compliant performance. This revjew shall not be used to open the PAP generally to amendment, but would serve to assjst Commjssjons in determjnjng existing condjtjons and reporting to the FCC on the continuing adequacy of the PAP to serve jts intended functjons. The expense of the revjews shall be pajd from the Special Fund. 16.Qwest will make the PAP available for CLEC jnterconnectjon agreements untjl such tjme as Qwest eliminates jts Sectjon 272 affiliate. At that time , the Commjssjon and Qwest shall revjew the approprjateness of the PAP and whether its contjnuation js necessary. However, jn the event Qwest exits the interLATA market that State PAP shall be rescinded immediately. 17.Voluntary Performance Assurance Plan This PAP represents Qwest's voluntary offer to provide performance assurance. Nothjng jn the PAP or in any conclusion of non-conformance of Qwest's service performance with the standards defined jn the PAP shall be construed to be, of itself non-conformance with the Act. Owest Idaho SGAT Thjrd Revised, Fjfth Amended Exhibit K, November 30 2004 - 22- Exhibit K 18.Dispute Resolution For the purpose of resolvjng disputes over the meaning of the provisions of the PAP and how they should be appljed , the dispute resolutjon provisions of the SGAT section 5., shall apply whether the GLEG uses the SGA T in its entjrety or elects to make the PAP part of its interconnection agreements (Le., the unique djspute resolution provisjons of interconnection agreements should not apply). Qwest Idaho SGAT Thjrd ReYised , Fjfth Amended Exhjbit K, November 30 2004 - 23- Exhibit K Attachment 1: Tier 1 and Tier 2 Performance Measurements Subject to Per Occurrence Payment Performance Measurement Tjer 1 Payments Tier 2 Payments Low Med Low Med Hjgh Hiqh GATEWAY Timely Outaqe Resolutjon GA- PRE-ORDER/ORDERS LSR Reiectjon Notice Interval PO- Firm Order Confirmatjons On Time PO- Work Completjon Notificatjon Timeljness PO- Billjng Completion Notificatjon Tjmeliness PO- 70 Jeopardy Notjce Interval PO- Timely Jeopardy Notices PO- Release Notifjcations PO- (Expanded)Manual Servjce Order PO-20c Accuracy ORDERING AND PROVISIONING Installation Commitments Met OP- Installatjon Intervals OP-4o New Servjce Quality OP- Delayed Days OP- Number Portabjlity Tjmeliness OP- Coordinated Cuts On Time -Unbundled OP-13a Loops LNP Disconnect Timeliness OP- MAINTENANCE AND REPAIR Out of Servjce Cleared wjthjn 24 hours MR- All Troubles Cleared withjn 4 hours MR- Mean time to Restore MR- Repajr Repeat Report Rate MR- Trouble Rate MR- LNP Trouble Reports Cleared wjthin 24 MR- Hours LNP Trouble Reports-Mean Time MR- Restore BILLING Time to Provide Recorded Usaqe Records BI- Bjllinq Accuracy-Adjustments for Errors BI- Billing Completeness BI-4 NEnNORK PERFORMANCE Trunk Blockinq NI- NXX Code Activatjon NP- owest Idaho SGAT Third Revised, Fjfth Amended Exhjbjt K, November 30 2004 - 24- Exhibit K a. PO-3 is limited to PO-3a-, PO-3b-, and PO-3c. b. PO-6 is included with PO-7 as two "families:" PO-6a/PO-7a and PO-6b/PO-7b. Measurements within each family share a single payment opportunity with only the measurements with the highest payment beingpaid. c. Low Volume Exception: In lieu of Section 2.4 for PO-, where CLEC order volumes for a given month are less than 17 in Phase 1 , less than 13 in Phase 2, and less than 10 in Phase 3 and subsequent phases a benchmark standard of "no more than one order with PO-20 errors" is applied. Under this provision, no payment applies if there is only one order with errors. Stabilization Period: For each phase beginning with Phase 1 , there will be no more than a 3-month measurement stabilization period for all fields introduced in that phase. Performance results that include all such fields are not subject to payments during the measurement stabilization period. d. OP-4 is included with OP-6 as five "families:" OP-4a/OP-, OP-4b/OP-, OP-4c/OP-, OP-4d/OP- , and OP-4e/OP-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. e. Low volume treatment for OP-5b will apply if both (1) the CLEC volume of orders is less than or equal to 29 (the denominator of OP-5t) and (2) the number of orders with trouble in OP-5a is no more than one. When these two conditions are met, a standard of no more than one order with new service trouble applies. f. For purposes of the PAP, OP-6a and OP-6b will be combined and treated as one. The combined OP- breaks down to OP-1 (within MSA), OP-2 (outside MSA), OP-3 (no dispatch), OP-4 (zone 1), and OP-5 (zone 2). g. Applicable only to xDSL-capable loops. Qwest Idaho SGAT Thjrd Reyjsed, Fifth Amended Exhibit K, November 30 2004 - 25- Exhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps Billjng Tjme to Provjde Recorded Usage Records - BI-1 (Tjer 1/Tier 2) Billjng Accuracy - Adjustments for Errors - BI-(Tjer 1) Billing Completeness - BI-(Tjer 1/Tjer 2) Qwest Idaho SGAT Third Revjsed, Fifth Amended Exhjbit K, November 30 2004 - 26- EXHIBIT L ADVICE ADOPTION LETTER Manager Interconnection Qwest 1801 California, Room 2410 Denver, CO 80202 Re: Qwest Corporatjon ("Qwest") New Product: Dear Sjr or Madam: By its signature below , (" CLEC") hereby agrees to be bound by the rates , terms and conditions that Qwest has offered and provjded on jts Web Site for the New Qwest Product jdentjfied above as an amendment to its Interconnection Agreement wjth Qwest for the state(s) of CLEC certifjes that the rates, terms, and condjtions contained on Attachment A (attached hereto) are the rates , terms and condjtjons contained on Qwest's web sjte that have been provided for the New Product jdentjfied above. CLEC By: Tjtle: Date: Qwest CO, lA, 10, MN , MT, NO, NE, NM, OR, SO, UT, WA, WY, October 4 2004 Page 1 EXHIBIT M INTERIM ADVICE ADOPTION LETTER Manager Interconnectjon Owest 1801 Galjfornja , Room 2410 Denver, GO 80202 Re: Owest Gorporation ("awesf') New Product: Dear Sir or Madam: By its signature below, ("GLEG") hereby agrees to be bound by the rates, terms and conditions that Owest has offered and provided on jts Web Site for the New Owest Product jdentified above as an jnterjm amendmentto jts Interconnectjon Agreement with Owest for the state(s) GLEG certjfies that the rates, terms, and condjtjons contained on Attachment A (attached hereto) are the rates, terms and conditjons contained on Owest's web site that have been provided for the New Product identified above. Owest acknowledges that GLEG believes that the rates , terms and condjtjons for the Owest New Product should be altered and that GLEG enters into this Interjm Advice Adoptjon Letter with the express jntention to renegotjate the rates, terms and conditions associated with the Owest New Product pursuant to the terms of Section 1.2 of the SGAT. GLEG enters into this Interjm Advice Adoption Letter wjthout prejudice to or wajver of any of jts rights to challenge the terms and conditions of thjs Interjm Advice Adoption Letter under the Interconnection Agreement, the Act, FGG or state Gommjssion rules. GLEC By: Tjtle: Date: Qwest All States . October 4, 2004 Page 1