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HomeMy WebLinkAbout20060830Application Part IV.pdfBilling 81-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which Owest 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 industr~ 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 Owest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group , Feature Group D , Phone to Phone IP Telephony, 8XX access, and 900 access and their successors or similar Switched Access services. BI-1C - Provides separate reporting for two elements captured in BI-1A above , as follows: . BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below. . BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes 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 Owest Retail results Formula: BI-, BI-1C-, BI-1C-2 (for specified products & records) = L(Date Record Transmitted or made available - Date Usage Recorded) 7 (Total number of records) BI-1B = ((# of daily usage records for Jointly provided switched access sent within four days) 7 (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 Owest retail. BI-1B: 95% within 4 business days BI-1C-, BI-1C-2: Diagnostic Comparison with the Owest 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. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 80 81-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Owest delivers industry standard electronically transmitted bills to CLECs, focusing on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bill date and bill delivery. Includes all industry standard electronically transmitted invoices for local exchange services and toll, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Owest 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) 7 (Total Number of Invoices)) x 100 Exclusions: Bills transmitted via paper, magnetic tape, CD-ROM, diskette. Records with missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: UNEs and Resale Parity by design. Availability:Notes: Available Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 81 BI-3 - Billing Accuracy - Adjustments for Errors Purpose: Evaluates the accuracy with which Qwest bills CLECs, focusing on the percentage of billed revenue adjusted due to errors. Description: Measures the billed revenue minus amounts adjusted off bills due to errors, as a percentage of total billed revenue. Both the billed revenue and amounts adjusted off bills due to error are calculated from bills rendered in the reporting period. Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the reporting period that involve, either in part or in total , adjustment codes related to billing errors. (Each adjustment thus Qualifvinq is added to the sum in its entiretv. 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) 7 (Total Billed Revenue billed in Reporting Period)) x 100 Exclusions: . BI-3A - UNEs and Resale - None . BI-3B - Reciprocal Compensation Minutes of Use - Billing adjustments as a result of CLEC-caused errors in return of minutes of use Product Reporting:Standards: BI-3A - UNEs and Resale BI-3A - UNEs and Resale: Parity with Qwest BI-3B - Reciprocal Compensation Minutes of retail bills. Use (MOU)BI-3B - Reciprocal Compensation (MOU) - 95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 82 BI-4 - Billing Completeness Purpose: UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and recurring charges associated with completed service orders on the bills. Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Qwest's network on the bills. Description: BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges associated with completed service orders appear on the correct bill.* BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local minutes of use appearing on the correct (current) bill.* * Correct bill = next available bill Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate 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 7 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 7 Total revenue for Local Minutes of Use collected during the month)) x 100 Exclusions: None Product Reporting:Standards: UNEs and Resale B~ 4A - UNEs and Resale: Parity with Qwest Reciprocal Compensation (MOU)Retail bills. B~ 4B - Reciprocal Compensation (MOU): 95% Availability:Notes: Available Qwest Idaho SGAT 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 totallinq the update times from individual E911 database update records. Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. LlDB & Directory Listinqs - Seconds Disaggregation Reporting: DB-1A: E911 for Qwest Retail and Reseller CLEC-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)) 7 Total database updates as specified under Disaggregation Reporting completed in the reporting period Exclusion: Invalid start/stop dates/times. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 84 DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1A-E911: Parity by design DB-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 the reporting period. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: DB-2C-1 Listings - Combined results for all DB-2C-, Listings for Qwest Retail , Reseller Qwest Retail , Reseller CLEC and Facilities-CLEC , and Facilities-Based CLEC Electronically Based CLEC Electronically Submitted Submitted, Electronically Processed updates: Electronically Processed updates Statewide Formula: (Total database updates as specified under Disaggregation Reporting completed without errors in the reporting period 7 Total database updates as specified under Disaggregation Reporting completed in the reporting period) x 100 Exclusions: Invalid start/stop dates/times. Product Reporting:Standards: Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1 Availability:Notes: Available Qwest retail and Reseller CLECs are parity by design. Because Facilities-based CLEC Electronically Submitted , Electronically Processed cannot be separated out from Reseller CLECs they are reported combined within this disaggregation. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 86 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwest's Directory Assistance operators, focusing on how 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. 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 fntervals 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: L((Date and Time of Call Answer) - (Date and Time of First Ring)) 7 (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. count of calls in the queue is taken for every sampling event (1 O-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method , calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting: are aggregated in a single measure.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of First Ring)) 7 (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard:Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 88 Network Performance NI-1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices, compared with the completion of calls from Qwest end offices to other Qwest end offices, focusing on average busy-hour blockinq percentaqes 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 groups that are in service during the reporting period, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Blockage Reporting Comparisons: Disaggregation Reporting: Statewide level. CLEC aggregate Reports the percentage of trunks blocking in interconnection final trunks,individual CLEC, and reported by: Qwest Interoffice trunk N~ 1A Interconnection (LIS) trunks to Qwest tandem offices, with TGSR-blocking results. related exclusions applied as specified below; N~ 1 B LIS trunks to Qwest end offices, with TGSR-related exclusions applied as specified below; N~ 1 C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; N~ 1 D LIS trunks to other Qwest end offices , without TGSR-related exclusions. Formula: HL(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)) 7 (Total Number of Final Trunk Circuits in all Final Trunk GroupsH x 100 Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being measured. Exclusions: For NI-1A and NI-1 B onl Trunk groups, blocking in excess of one percent in the reporting period, for which: - A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or CLECs do not submit, within 20 calendar days of receiving a TGSR: a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE 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 of facilities, 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 require an actionable TGSR. Qwest Idaho SGAT 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 PIDo Product Reporting: Standards:LIS Trunks Where NI-1A:-:::; 1%: Where NI-1A:;. 1%: Where NI-1B:-:::; 1%: Where NI-1B:;. 1%: N~ 1C and NI-1D: Availability: Available 1 % Parity with Qwest Interoffice Trunks to tandems 1 % Parity with Qwest Interoffice Trunks to end offices Diaqnostic NOTE 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. 30 CLEC delays are reflected by CLEC-initiated order supplements that move the due date later. a) Qwest-initiated due date delays, including supplements made pursuant to Qwest requests to delay due dates, shall not be counted as CLEC delays in this measurement. b) Qwest-initiated due date changes to earlier dates that the CLEC does not meet shall not be counted as a CLEC delay in this measurement unless the earlier dates were mutually agreed-upon. c) CLEC delays (e. , " customer not ready" in advance of a due date) that do not contribute to a Qwest-established due date being missed shall not be counted as a CLEC delay in this measurement. 40 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. 50 N~ 1C and NI-1D will be reported for information purposes only, with no standard to be applied. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 90 NP-1 - NXX Code Activation Purpose: Evaluates the timeliness of Qwest's NXX code activation prior to the LERG effective date or by the revised" effective date, as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-1 B: Measures the percentage of NXX codes activated in the reporting period that are delayed beyond the LERG date or "revised" date due to Qwest-caused Interconnection facility delays subject to exclusions shown below. Included among activations counted as a Qwest delay in this sub-measurement are cases in which "6 codes" NOTE 1 associated with the Qwest interconnection facilities are provided late by Qwest to the CLEC. . Qwest must receive complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation no less than 25 days prior to the LERG Due Date or Revised Due Date. . The "revised" date, for purposes of this measurement, is a CLEC-initiated renegotiation of the activation effective date that is no less than 25 days after Qwest receives complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation. . The NXX code activation notice is provided by the LERG (Local Exchange Routing Guide) to Qwest. . NXX code activation is defined as complete when all translations associated with the new NXX are complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if different than the LERG date). The NXX code activation completion process includes testing, including calls to the test number when provided. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate individual CLEC and Qwest Retail results. Formula: NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective date or the "revised" date) 7 (Number of NXX codes loaded and tested in the reporting period)) x 100 Disaggregation Reporting: Statewide. NP-1B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Qwest Interconnection Facility Delays) 7 (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 SGAT 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 arranqements. 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 Readv 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 Readv 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 A , - 1 B, or -1 C according to the interval criteria specified below for these measurements. Where there is a CLEC-caused delay, the RFS Date is rescheduled . RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond Qwest's control , but not for Qwest reasons. . Where CLECs do not accept the quote within thirty days of the quote date, the application is considered expired. CP-Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 90 calendar days or less. CP-1 B Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 91 to 120 calendar days. CP-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)) 7 (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 94 CP-1 - Collocation Completion Interval (continued) Exclusions: . CP-1 A: 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 CoUocation Application Date to RFS date. . CP-1 C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. Cancelled or ex ired a lications. Product Reporting: None Standards: CP-1 A: 90 calendar days CP-1B: 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 agreements. Description: Measures the percentage of collocation applications that are completed within standard intervals , including intervals set forth in interconnection agreements. Includes all collocations of types specified herein that are assigned a Readv for Service Date RFS date Qwest and that are completed within the reporting period, including those with CLEC-requested RFS dates longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including supplemented collocation orders that extend the RFS date) subject to exclusions specified below. Collocation types included are: physical ca~eless, physical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtual. OTE 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications are defined as conditioning the collocation space , obtaining permits , and installing DC power plant, standby generators, heating, venting or air conditioning equipment. . A collocation arrangement is counted as met under this measurement if its RFS date is met. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection agreements require different intervals, in which case the intervals specified in the interconnection agreements apply: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations 90 calendar days after the Collocation Application Date for physical collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations 120 calendar days after the Collocation Application Date for physical collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations:90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 96 CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation 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 CLEC-caused delay, the RFS Date is rescheduled. . Where CLECs do not accept the quote within thirty calendar days of the quote date, the application is considered expired. CP-Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-All Collocations requiring Major Infrastructure Modifications and Collocations with intervals longer than 120 days: Measures all collocation installations requiring Major Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar days after the Collocation Application Date. Reporting Period: One month I Unit of Measure: Percent Disaggregation Reporting: Statewide level.Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: (for CP-, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) 7 (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 SGAT 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., consistent! 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 following 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)) 7 (Total Feasibility Studies Completed in the Reporting Period) Exclusions: CLEC-caused delays of, or CLEC requests for feasibility study completions resulting in greater than ten calendar days from Collocation Application Date to scheduled feasibility study completion date. Product Reporting: None Standard:10 calendar days or less Availability: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 SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 99 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Qwest completes the sub-process function of providing a collocation feasibility study to the CLEC as committed. Description: Measures the percentage of collocation feasibility studies for installations that are completed within the Scheduled Interval The Scheduled Interval is ten calendar days from the Collocation Application Date or, if interconnection agreements call for different intervals, within intervals specified in the agreements or if otherwise delayed by the CLEC, the interval resulting from the delay. Includes all feasibility studies for collocations of types specified herein , that are completed in the reporting period. Collocation types included are: physical cageless, physical caged, shared physical caged , physical-line sharing, cageless-line sharing, and virtual. NOTE 1 Considers the interval from the Collocation Application Date to the date Qwest completes the Feasibility Study and provides it to the CLEC. . The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da following the weekend or holiday. Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six (6) or more Collocation applications in a one-week period in any state, feasibility study intervals will be individually negotiated and the resulting intervals used instead of ten calendar days in this measurement. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide level. Formula: ((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) 7 (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered , they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (Le. six months of experience from first installations), and ordered in volumes warranting reporting (Le., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 100 DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Qwest receives from theCLEC 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 nextbusiness 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 is available. Qwest Idaho SGAT Third. Revision, Seventh Amended Exhibit B November 30, 2004 Page 101 DEFINITION OF TERMS (continued) Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that therequested 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 connected and offered. Final Trunk Groups - Interconnection and interoffice trunk groups that do not overflow traffic to other trunk groups when busy. Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has received the CLECs service request, created a service order, and assigned it a due date. Flow-Through -The term used to describe whether a LSR electronically is passed from the 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 wie centers for which Qwest specifies shorter standard service intervals than for Interval Zone 2 areas. Installation - The activity performed to activate a service. Installation Troubles - A trouble, which is identified after service order activity and installation, has completed on a customer s line. It is likely attributable to the service activity (within a defined time period). Interconnection Trunks - A network facility that is used to interconnect two switches generally of different local exchange carriers Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types additional lines/circuits consist of all C orders with "I" and 'T' action coded line/circuit USOCs that represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC to CLEC. Jeopardy - A condition experienced in the service provisioning process which results potentially in the inability of a carrier to meet the committed due date on a service order Jeopar!:ly Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been identified. lack of Facilities - A shortage of cable facilities identified after a due date has been committed to a customer, including the CLEC. The facilities shortage may be identified during the inventory assignment process or during the service installation process, and typically triggers a jeopardy. local Exchange Routing Guide (lERG) - A Bellcore master file that is used by the telecom industry to identify NPA-NXX routing and homing information, as well as network element and equipment designations. The file also includes scheduled network changes associated with activity within the North American Numbering Plan (NANP). local Exchange Traffic - Traffic originated on the network of a LEC in a local calling area that terminates to another LEC in a local calling area. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 102 DEFINITION OF TERMS (continued) Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portability) - A network technology which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer s telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting. Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSAlNon-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 CLEC that is categorized according to standards issued by OBF and/or the FCC. Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement when all "operational" work has been completed. Operational work consists of the following as applicable to the particular type of collocation: . Cage enclosure complete; . DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place and cables between the CLEC and power terminated); Primary AC outlet in place; Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel serving the CLEC). and The following items complete, subject to the CLEC having made required payments to Qwest (e., final payment): (If the required CLEC payments have not been made, the following 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 Qwe~t's published standard installation intervals for such telephone service). Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically determined by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when collocation installation is scheduled to be ready for service, as defined above. Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected service request must be corrected and re-submitted before provisioning can begin. Repeat Report - Any trouble report that is a second (or greater) report on the same telephone number/circuit ID and at the same premises address within 30 days. The original report can be any category, including excluded reports , and can carry any disposition code. Service Group Type - The designation used to identify a category of similar services , . , UNE loops. Service Order - The work order created and distributed in ILECs systems and to ILEC work groups in response to a complete, valid local service request. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 103 DEFINITION OF TERMS (continued) Service Order Type - The designation used to identify the major types of provisioning activities associated with a local service request. Standard Interval - The interval that the ILEC publishes as a guideline for establishing due dates for provisioning a service request. Typically, due dates will not be assigned with intervals shorter than the standard. These intervals are specified by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior to the date and time the initial report has a status of "closed. Tandem Switch - Switch used to connect and switch trunk circuits between and among Central Office switches. Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on 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 SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 104 GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asymmetric Digital Subscriber Line All Automatic Line Information (for 911/E911 systems) ASR Service Request (processed via Exact system) BRI Basic Rate Interface (type of ISDN service) CABS Carrier Access Billing System CKT Circuit CLEC Competitive Local Exchange Carrier Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer Service Record Directory Assistance Decibel Database DSO Digital Service 0 DS1 Digital Service 1 DS3 Digital Service 3 E911 MS E911 Manaqement System EAS Extended Area Service EB-Electronic Bonding - Trouble Administration EDI Electronic Data Interchange EELS Enhanced Extended Loops Emerqencv 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 Interexchanqe Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portability IOF Interoffice Facilities (refers to trunk facilities located between Qwest central offices) ISDN Inteqrated Services Diqital 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 Long Term Number Portability LSR Local Service Request , T Service Order Types - - N (new), T (to or transfer), C (change) NANP North American Numbering Plan NDM Network Data Mover NPAC Number Portability Administration Center NXX Telephone number prefix OBF Ordering and Billing Forum Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 105 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION aos Out of service (tvpe of trouble condition)ass Operations Support Systems PBX Private Branch Exchanqe PON Purchase Order Number POTS Plain Old Telephone Service PRI Primary Rate Interface (type of ISDN service) RFS Readv for Service (refers to collocation installations) SIA SMFE (Strategic Application Architecture Framework and Environment) Information Access Sop Service Order Processor SOT Service Order Type SS7 Signaling System 7 STP Siqnaling 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 bv an "H" refers to Hiqh-bit-rate DSL.) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 106 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FID associated with a call forwarding don t answer USOC that determines how many rings before the call forwards to the TN provided with the CFN or CFND FIDs. HLN (HLA Hot Line) FID associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FID. The data provided in the Feature Detail section on the LSR will be validated against the HLN FID on the service order to determine whether the FID is present and the TN provided on the LSR with the FID is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FID associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FID, along with the PCS telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FID on the service order to determine whether the FID is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number will follow the FID DES on the LSR in the Feature Detail section and on the service order. The DES FID along with the DID telephone number provided in the Feature Detail section on the LSR will be validated against the DES FID on the service order to determine whether the FID is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 107 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc. We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC 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. ADS (if provided on LSR for WFA) Area of service is a FID associated with the 800 service line feature. Along with the AOS FID are one to two alphanumeric characters and three numeric characters which represents LATA and AC of the address. The AOS FID along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALC (if provided on LSR for WFA) IntraLATA carrier is a FID associated with the 800 service line feature. It indicates the IntraLATA carrier for the 800 service. Along with the ALC FID is the three-digit code (OTC) for the IntraLATA carrier. The ALC FID along with the three-digit code is provided in the FeatureDetail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 109 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with SO3, SO5, SFB, C2T AX (Electronic Business Set USOCs which are on our USOC list to validate): KEY (If provided on LSR for Electronic Business Set EBS USOCs) Key Designation (KEY number) is a FID associated with the Electronic Business Set feature. Along with the KEY FID is a numeric value that indicates the key designated for different features or lines on the EBS. The KEY FID along with the numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the numeric value matches the numeric value provided on the LSR. MADN (If provided on LSR for Electronic Business Set EBS USOCs) Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic Business Set feature. Along with the MADN FID is a set of alpha values that indicate the type appearance and ring status desired for different features or lines on the EBS. The KEY FID along with the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha values match the alpha values provided on the LSR. ROL (If provided on LSR for Electronic Business Set EBS USOCs) Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is an alpha value that indicates if the line will ring (Y or N). The ROL FID along with the alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha value matches the alpha value provided on the LSR. TTYD (If provided on LSR for C2T AX) Terminal Type is a FID associated with the adjunct module feature. Along with the TTYD FID is a 4 character alpha value based on customer equipment. The TTYD FID along with the 4 character alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Qwest Idaho SGAT 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 FID is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7 digit numeric value provided on the LSR. CSt (If provided on LSR for Speed call USOCs) Change Speed Calling Group List is a FID associated with the Speed call feature. Along with the CSL FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the 2 digit numeric value matches 2 digit numeric value provided on the LSR. SCF (If provided on LSR for Speed call USOCs) Speed Calling Feature Name is a FID associated with the Speed call feature. Along with the SCF FID is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 111 EXHIBIT C See Qwest's Wholesale web-site for the Service Interval Guide. Exhibit C -Qwest Fourteen State Template Version 1., May 11 , 2005 Exhibit D Date General Information Provided by 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 is to share jnformatjon and provide or deny permissjon to attach and majntajn CLEC's facilities ("Faciljtjes ) to Qwest Corporation s ("Qwest") Poles , to place Facilitjes on or within Qwest's Innerduct (collectively Polesllnnerduct") and to obtajn access to Qwest's prjvate right of way ("ROW"), to the extent Qwest has the rjght to grant such access. This General Information is necessary to determine jf Qwest can meet the needs of the CLEC's request but does not guarantee that physical space or access is currently avajlable. Permjssjon will be granted on a first-come, first-serve basjs on the terms and conditjons set forth jn the approprjate agreement pertajning to "Poles/lnnerduct" PROCESS . The Qwest process is desjgned to provjde the CLEC the jnformatjon so as to assist CLEC and Qwest to make Poles, Innerduct and ROW decisjons jn a cost-efficient manner. The Process has these distjnct steps: Inqujry Review - Attachment 1.A (Database Search). The CLEC js requested to review this document and return Attachment 1.A along with two copjes of a map and the nonrefundable Inqujry Fee, calculated jn accordance with Attachment 1.A hereto. These fees are jntended to cover Qwest's expenses associated with performjng an jnternal record (database) review preparjng a cost estimate for the required field survey, settjng up an account, and determjnjng tjme frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is assigned by the Qwest Service Support Representatjve for each request before sendjng an Attachment 1.A. To request a BAN number send an email requestjng one to: wholesale.servicessupportteam~qwest.com. Include your name, company, phone number, email address, city and state of our inquiry. A BAN number wjll be assjgned to your inquiry and will be emajled to you along with other materials. As indjcated on Attachment 1., a copy of the signed Attachment and maps of the desired route must be emajled to wholesale.seryicessupportteam~qwest.com while the fee must be sent to the Qwest CLEC Joint Use Manager wjth the orjgjnal sjgned Attachment 1.A. The map should clearly show street names and hjghways along the entjre route, and specific locatjons of entry and exjt of the ROW/duct/pole system. Area Maps should be legible and identify all sjgnjficant geographic characteristjcs jncludjng, but not limited to, the followjng: Qwest central offices , streets, citjes states, lakes, rjvers, mountajns , etc. Qwest reserves the right to reject illegible or incomplete maps. If CLEC wjshes to terminate at a particular manhole (such as a POI) it must be indicated on the maps. For ROW: Section , Range and Township, to the % section must also be provjded. Qwest will complete the Inqujry revjew and prepare and return a Polesllnnerduct Verjfjcation/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC generally withjn ten (10) days or the applicable federal or state law, rule or regulation that governs thjs Agreement jn the state jn which Innerduct attachment js requested. In the case of poles Qwest will assjgn a Field Engjneer and provjde his/her name and phone number to the CLEC. The Field Engjneer will check the local database and be avajlable for a joint verjfjcatjon with the CLEC. The Polesllnnerduct Verificatjon/ROW Access Agreement Preparation Costs Quotatjon will be valid for thjrty (30) calendar days from the date of quotatjon. The Inquiry step results only Qwest Idaho October 4, 2004 Page 1 Exhibit D in the location and mappjng of Qwest faciljtjes and does not indicate whether space is avajlable. Thjs informatjon is provided with Attachment 1. In the case of ROW, Qwest will prepare and return a ROW jnformation matrix and a copy of agreements listed in the ROW Matrjx, withjn ten (10) days. The ROW Matrix will identjfy (a) the owner of the ROW as reflected jn Qwest's records , and (b) the nature of each ROW (Le., publicly recorded and non-recorded). The ROW jnformation matrix will also jndjcate whether or not Qwest has a copy of the ROW agreement in jts possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that real property rjghts run wjth the land , the orjginal granting party may not be the current owner of the property. In the case of MDUs, Qwest will prepare and return an MDU informatjon matrix, within ten (10) days, whjch wjll jdentify (a) the owner of the MDU as reflected jn Qwest's records , and (b) whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific multi-dwelljng unjt that grants Qwest access to the multi-dwelling unit jn its possessjon. Qwest makes no representations or warranties regarding the accuracy of jts records , and CLEC acknowledges that the original landowner may not be the current owner of the property. Qwest will provide to CLEC a copy of agreements listed in the Matrices that have not been publicly recorded jf CLEC obtains authorizatjon for such disclosure from the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form , whjch js included jn Attachment 4. Qwest will redact all dollar figures from copies of agreements Ijsted jn the Matrjces that have not been publicly recorded that Qwest provides to CLEC. Alternatjvely, in order to secure any agreement that has not been publjcly recorded , a CLEC may provide a legally binding and satisfactory agreement to jndemnify Qwest in the event of any legal actjon arjsjng out of Owest's provision of such agreement to CLEC. In that event, the CLEC shall not be requjred to execute the Consent to Disclosure form. If there is no other effectjve agreement (i.an Interconnectjon Agreement) between CLEC and Qwest concernjng access to Poles, Ducts and ROW, then Attachment 3 must be executed by both parties in order to start the Inquiry Revjew and jn order for CLEC to obtain access to Poles Ducts and/or ROW. Attachment 1.(Verificatjon) & Attachment 4 (Access Aoreement Preparation).Wjth respect to Poles and Innerduct, upon review and acceptance of signed Attachment 1.8 and payment of the estjmated verjficatjon costs by the CLEC, Qwest will conduct facilitjes verjfjcatjon and provide the requested jnformatjon which mayor may not include the followjng: a review of public and/or jnternal Qwest rjght-of-ways records for restrjctions, jdentifjcatjon of additional rights-of-way requjred; a fjeld survey and sjte jnvestigatjon of the Innerduct, includjng the preparatjon of distances and drawjngs, to determine availabiljty on exjsting Innerduct; identifjcation of any make-ready costs required to be paid by the CLEC , if applicable , prjor to jnstalling its facjljties. In the case of Poles, Attachment 1.8 orders the field verificatjon which maybe done jojntly. A copy of the sjgned Attachment 1.should be emailed to wholesale.servjcessupportteam~qwest.com while the appropriate fees should be sent to the Qwest-CLEC Jojnt Use Manager wjth the orjginal sjgned Attachment 1.8. Upon completion of the verjficatjon , Attachment 2 wjll be sent to the CLEC by Qwest. Wjth respect to ROW, upon revjew and acceptance of signed Attachment 1.8 and payment of the ROW conveyance consideration, Qwest will deliver to the CLEC an executed and acknowledged Access Agreement to the CLEC jn 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 jn question was created by a publjcly recorded document and Qwest has a copy of such document jn its files , a copy of the Right-of-Way Agreement, as . defjned jn the Access Agreement, wjll be attached to the Access Agreement and provided to the CLEC at thetjme of deljvery of the Access Agreement. If the ROW was created by a document that js not publicly recorded , or jf Qwest does not have a copy of the Right-of-Way Agreement in 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 Right-of-Way Agreement jn its possession, the CLEC must obtain a copy of the Right-of-Way Agreement or other suitable documentatjon reasonably satisfactory to Qwest to descrjbe the real property jnvolved and the underlyjng rights giving rjse to the Access Agreement. Although Qwest will provjde the identity of the original grantor of the ROW , as reflected jn Qwest's records , the CLEC is responsible 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 jts records, jt is the responsibility of the CLEC to obtajn 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 is not publjcly recorded , CLEC must provide Qwest wjth a copy of the properly executed and acknowledged Access Agreement and , jf appljcable, properly executed Consent Regarding Djsclosure form or letter of jndemnjfjcation. Qwest is required to respond to each Attachment 1.8. submitted by CLEC within 35 days of receiving the Attachment 1.8. In the event that Qwest beljeves that circumstances requjre a longer duration to undertake the actjvities reasonably requjred to deny or approve a request, jt may petjtjon for reljef before the Commission or under the escalation and djspute resolution procedures generally appljcable under the jnterconnection agreement, if any, between Qwest and CLEC. PoleslDuct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon completjon of the inqujry and verifjcation work described jn Sectjon 2.2 above, Qwest wjll provide the CLEC a Polesllnnerduct Order (Attachment 2) contajnjng annual recurring charges, estimated Make-ready costs. Upon recejpt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees jdentified, Qwest will assjgn the CLEC's requested space; Qwest will also commence the Make-ready work wjthjn 30 days following payment of the Make-Ready Fees. Qwest will notjfy CLEC when Poles/lnnerduct are ready for attachment or placement of Facilities. A copy of the sjgned Attachment 2 form should be emailed to wholesale.servicessupportteamcmqwestcom while the payment should go to the Jojnt Use Manager along wjth the orjgjnal signed Attachment 2. NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it involves rearrangement to accommodate the new attachment. For Innerduct, it jnvolves placjng the standard three innerducts jn the conduit to accommodate fiber cable where spare conduit exists. Segments without conduit space are consjdered "blocked". Qwest will consider repair or clearjng damaged facilitjes , but may not construct new faciljties as part of Make-ready work. Construction work to place conduit or replace poles may be required where facilities are blocked. The CLEC may contract separately wjth a Qwest-approved contractor to complete the construction provjded a Qwest inspector inspects the work during and after constructjon. If other partjes benefit from construction , the costs may be djvjded among the beneficiaries. Constructjon Qwest Idaho October 4, 2004 Page 3 Exhibit D costs are not included jn Attachment 2. The GLEG is not encouraged to sjgn the Polesllnnerduct Order (Attachment 2) until provjsions have been made for construction. 2.4 Provjsjon of ROW/Poles/lnnerduct.Owest agrees to issue to GLEG for any lawful telecommunicatjons purpose, a nonexclusive , revocable Order authorjzjng GLEG to install majntajn, rearrange, transfer, and remove at its sale expense jts Faciljties on Poles/lnnerduct to the extent owned or controlled by Owest. Owest provides access to Polesllnnerduct/ROW in accordance with the applicable federal , state , or local law, rule, or regulation , incorporated herejn by this reference, and said body of law, which governs this Agreement jn the state in whjch Poles/lnnerduct is provided. Any and all rjghts granted to GLEG shall be subject to and subordinate to any future federal , state, and/or local requjrements. Nothing jn ,this General Information shall be construed to require or compel Owest to construct, install , modjfy, or place any Polesllnnerduct or other faciljty for use by the GLEG. The costs jncluded in the Polesllnnerduct Verjfjcation Fee are used to coyer the costs jncurred by Owest jn determjnjng jf Poles/lnnerduct space is avajlable to meet the GLEG's request; however the GLEG must agree and will be responsjble for payment of the actual costs incurred jf such costs exceed the estimate. If the actual costs are less than the estimate , an approprjate credit can be provided upon request. If Owest denies access, Owest shall do so jn writing, specifying the reasons for denjal within 45 days of the initial inqujry. Likewise, the fees included in the ROW processjng costs quotation are used to cover the costs jncurred by Owest in searching its databases and preparing the Access Agreement. In the event that compljcations arise wjth respect to preparing the Access Agreement or any other aspect of conyeyjng access to Owest's ROW, the GLEG agrees to be responsjble for payment of the actual costs incurred if. such costs exceed the standard fees; actual costs shall jnclude, without limjtatjon, personnel time, including attorney time. DISPUTE RESOLUTION 1. Other than those clajms over which a federal or state regulatory agency has exclusive jurisdjction, all claims , regardless of legal theory, whenever brought and whether between the partjes or between one of the partjes to thjs Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitratjon. A sjngle arbjtrator engaged in the practjce of law and knowledgeable about telecommunjcations law shall conduct the arbjtration jn accordance with the then current rules of the Amerjcan Arbjtratjon Associatjon ("AAAI!) unless otherwise provided herejn. The arbitrator shall be selected in accordance wjth AAA procedures from a list of qualjfied people majntajned by AAA. The arbjtratjon shall be conducted jn the regjonal AAA office closest to where the clajm arose. 2. All expedited procedures prescribed by the AAA shall apply. The arbitrator s decisjon shall be final and bjnding and judgment may be entered in any court havjng jurjsdiction thereof. 3. Other than the determinatjon of those clajms over whjch a regulatory agency has exclusjve jurjsdjctjon, federal law (including the provjsjons of the Federal Arbjtration Act, 9 U. Sectjons 1-16) shall govern and control with respect to any issue relating to the validjty of this Agreement to arbjtrate and the arbitrabiljty of the claims. 3.4. If any party files a judjcial or admjnistratjve action asserting claims subject to arbitratjon and another party successfully stays such action and/or compels arbitratjon of such clajms, the Qwest Idaho October 4, 2004 Page 4 Exhibit D party filing the actjon shall pay the other party s costs and expenses jncurred jn seekjng such stay or compelling arbjtration , jncludjng reasonable attorney s fees. Qwest Idaho October 4 , 2004 Page 5 Exhibit D ATTACHMENT 1. A Poles/lnnerductl or ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assjgned before processing): Date Submitted:Date Replied to CLEC: CLEC Name Billing Address: Phone Number: State and cjty of jnquiry: Contact name: e-mail address: Poles/lnnerduct Permit Database Search Costs Quotation (One Mile Minimum) Costs Est. Miles Total 1. Pole Inquiry Fee (see attached prjcing chart) X 2. Innerduct Inqujry Fee (see attached pricing chart) X 3. ROW Records Inqujry (see attached prjcing chart) X 4. Estimated Interval for Completjon of Items 1 , 2 or 3: 5. Addjtional requirements of CLEC: Days This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fitting the requested route, if available, and a quote of the charges for field verification, and/or (b) in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and consideration for, the necessary Access Agreements , and copies of ROW documents in Qwest's Possessjon. (c) For Poles , the name and telephone number of the Fjeld Engineer are provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans. If a field verification of poles is required , Attachment 1.B must be completed and the appropriate charges paid. Innerduct verification is always needed. By signing below and providing payment of the Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its database/records search and acknowledges receipt of this General Information , includjng the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. Quotes expire in 30 days. Owest Corporatjon Sjqnature Siqnature Name Typed or Prjnted Name Typed or Prjnted Tjtle Tjtle Date Date This signed form (orjgjnal) must be sent wjth a check for the Inqujry amount (to "Owest") to: Qwest Idaho October 4 , 2004 Page 6 Exhibit D Manager, Qwest Joint Use, 6912 S Quentin, Suite 101 , Englewood , CO 80112 303-784-0387 A copy of 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 1. General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Recejyed:Date Repljed to CLEC: NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE. Estimated Costs Number Total Charge 1. Pole Field Verification Fee (10 pole mjnjmum) 2. Innerduct Fjeld Verificatjon Fee 3. Preparation of private ROW documents 4. Access Agreement Prep. and Consjderation$10/ Access Agreement 5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signjng below and providing payment of the Total Estjmated Costs jdentified above, the CLEC desjres Qwest to proceed with the processjng of jts field survey/preparatjon of Access Agreements , and acknowledges receipt of thjs General Informatjon, jncludjng the General Terms and Conditions under which Qwest offers such ROW/Polesllnnerduct. The CLEC acknowledges the above costs are estjmates only and CLEC may be financjally responsjble for final actual costs which exceed thjs estjmate , or recejve credit jf requested. Quotes expjre jn 30 days. Qwest Corporatjon Signature Sjgnature Name Typed or Prjnted Name Typed or Printed Title Title Date Date The original signed form must be sent wjth a check for the verjfication 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 email copy of this form must be sent to: wholesale.servicessupportteam(ll),qwestcom, wjth "Agree" on the signature Ijne. Qwest Idaho October 4, 2004 Page 9 Exhibit D ATTACHMENT 2Polesllnnerduct Order General Agreement BAN Number: NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ) No (Date Received If Yes is checked, estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order:1. Term - Effective Date -2. Summary 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. nnua ecurnnq arqes or this Permit: Total Annual Annual Char Quantit Charqe 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 Poles/lnnerduct will be assigned on a first come-first served basis. Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HASBEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year s prorated Annual Recurring Charge (or, if CLEC requests Semiannual billing, then the first half-year s prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days. Return thjs sjgned form and check to: Manager, Joint Use Supervisor, Suite 101 , 6912 S. Quentin Englewood, CO 80112. Send a co to: wholesale.servicessu portteam 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 TnleDate :::e Qwest Idaho October 4 , 2004 Page 11 Exhibit D ATTACHMENT 3 General Agreement: QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("CLEC") and Qwest Corporation ("Qwest"), for one or more Orders for the CLEC to obtain access to Qwest's Right-of-Way ("ROW") and/or to install/attach and majntain their communicatjons facilitjes ("Facilities ) to Qwest's Poles and/or placement of Facilitjes on or within Qwest's Innerduct (collectjvely "Poles/lnnerduct") described in the General Information and CLEC Map, which are jncorporated herejn by thjs reference (sjngularly "Order" or collectjvely, "Orders ). If there is no other effectjve agreement (i.an Interconnectjon Agreement) between CLEC and Qwest concernjng access to Poles Ducts and ROW then this Agreement/Attachment 3 must be executed by both partjes in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. SCOPE. Subject to the provisions of thjs Agreement, Qwest agrees to issue to CLEC for any lawful telecommunicatjons purpose, (a) one or more nonexclusjve, revocable Orders authorizing CLEC to attach, maintain, rearrange, transfer, and remove at jts sole expense its Facilities on Polesllnnerduct owned or controlled by Qwest, and/or (b) access to Qwest's ROW to the extent that (j) such ROW exjsts, and (ii) Qwest has the rjght to grant access to the CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local , state and/or federal requjrements , and jn the case of ROW, to the orjginal document grantjng the ROW to Qwest or its predecessors. Except as expressly provjded herejn, nothing in this Agreement shall be construed to requjre or compel Qwest to construct, install , modjfy, or place any Poles/lnnerduct or other facility for use by CLEC or to obtain any ROW for CLEC's use. Qwest agrees to provjde access to ROW/Poles/lnnerduct in accordance with the appljcable local, state or federal law, rule, or regulatjon , jncorporated herejn by this reference, which governs this Agreement jn the state jn which Polesllnnerduct js provided. TERM. Any Order jssued under thjs Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified jn the Order. Any access to ROW shall be non- exclusive and perpetual, subject to the terms and conditjons of the Access Agreement (as hereinafter defined) and the origjnal jnstrument grantjng the ROW to Qwest. Thjs Agreement shall contjnue during such time CLEC js provjding Poles/lnnerduct attachments under any Order to thisAgreement. Qwest Idaho TERMINATION WITHOUT CAUSE. To the extent permitted by law, ejther party may terminate thjs Agreement (which wjll have the effect of terminatjng all Orders hereunder), or any jndjvidual Order(s) hereunder without cause, by provjdjng notice of such terminatjon in writjng and by certified Mail to the other party. The wrjtten notice for terminatjon wjthout cause shall be dated as of the day jt October 4, 2004 Page 12 3.4 Exhibit D is mailed 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 clajm that may have been accruing at the tjme of terminatjon , jncluding indemnity, warranties, and confjdential informatjon. If Qwest terminates this Agreement for Cause, or if CLEC terminates thjs Agreement wjthout Cause , CLEC shall pay terminatjon charges equal to the amount of fees and charges remajnjng on the termjnated Order(s) and shall remove its Facilitjes from the Poles/lnnerduct wjthjn sjxty (60) days, or cause Qwest to remove jts 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 Qwest until CLEC's Facilities are physically removed. Notwithstanding anything herejn to the contrary, upon the termjnatjon of thjs Agreement for any reason whatsoever, all Orders hereunder shall sjmultaneously termjnate. If thjs Agreement or any Order js termjnated for reasons other than Cause, then CLEC shall remove its Faciljtjes from Poles/lnnerduct within one hundred and eighty (180) days from the date of termination; provjded, however, that CLEC shall be Ijable for and pay all fees and charges provided for jn this Agreement to Qwest untjl CLEC'Facilitjes are physically removed. Qwest may abandon or sell any Polesllnnerduct at any tjme by giving written notjce to the CLEC. Upon abandonment of Poles/lnnerduct, and wjth the concurrence of the other CLEC(s), jf necessary, CLEC shall, within sjxty (60) days of such notice, either apply for usage with the new owner or purchase the Poles/lnnerduct from Qwest, or remove its Facilitjes therefrom. Fajlure to remove its Facilitjes wjthin sixty (60) days shall be deemed an election to purchase the Polesllnnerduct at the current market value. CHARGES AND BILLING. CLEC agrees to pay Qwest Polesllnnerduct usage fees ("Fees ) as specified jn the Order. Fees will be computed jn compljance with appljcable local , state and Federal law regulatjons and gujdeljnes. Such Fees wjll be assessed , in advance on an annual basjs. Annual Fees will be assessed as of January 1 st of each year. Fees are not refundable except as expressly provjded herejn. CLEC shall pay all applicable Fees and charges specified herejn wjthin thjrty (30) days from receipt of jnvoice. Any outstandjng invojce wjll be subject to applicable finance charges. Qwest has the right to revise Fees , at jts sale discretion, upon written notjce to CLEC within at least sjxty (60) days prjor to the end of any annual billing period. INSURANCE. The CLEC shall obtajn and maintain at jts own cost and expense the following insurance durjng the life of the Contract: Qwest Idaho Workers' Compensatjon and/or Longshoremen s and Harbor Workers Compensatjon insurance with (1) statutory limits of coverage for all employees as required by statute; and (2) although not required 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 liabiljty or employer Ijability insurance with a limit of One Hundred Thousand Dollars ($100 000.00) for each accident. General Ijabjljty insurance provjdjng coverage for underground hazard coverage (commonly referred to as "U" coverage), products/completed operatjons, premjses operatjons, jndependent contractor s protectjon (required if contractor subcontracts the work), broad form property damage and contractual Ijability with respect to liabiljty assumed by the CLEC hereunder. Thjs insurance shall also include: (1) explosion hazard coverage (commonly referred to as "X". coverage) if the work involves blasting and (2) collapse hazard coverage (commonly referred to as "C" coverage) if the work may cause structural damage due to excavation, burrowing, tunneling, caisson work, or under- pjnning. The Ijmits of Ijabjlity for this coverage shall be not less than One Million Dollars ($1 000,000.00) per occurrence combined sjngle limjt for bodily injury or property damage. These limjts of liabjlity can be obtained through any combjnatjon of primary and excess or umbrella Ijabjljty insurance. Comprehensjve automobile Ijabjlity insurance coverjng the use and maintenance of owned, non-owned and hired vehjcles. The Ijmits of Ijabiljty for this coverage shall be not less than One Milljon Dollars ($1 000 000.00) per occurrence combined single limjt for bodjly injury or property damage. These limits of Ijability can be obtained through any combjnatjon of prjmary and excess or umbrella liabiljty jnsurance. Qwest may require the CLEC from tjme-to-time during the life of the Contract to obtajn additional insurance wjth coverage or Ijmits jn additjon to those described above. However, the addjtional premjum costs of any such addjtional jnsurance requjred by Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs bjlled separately and djrectly to Qwest by the insurjng carrier(s). Qwest shall be authorjzed by the CLEC to confer djrectly with the agent(s) of the jnsuring carrjer(s) concerning the extent and limjts of the CLEC's insurance coverage jn order to assure the suffjciency thereof for purposes of the work performable under the Contract and to assure that such coverage as a hole with respect to the work performable are coordinated from the standpoint of adequate coverage at the least total premjum costs. The insuring carrier(s) and the form of the insurance poljcies shall be subject to approval by Qwest. The CLEC shall forward to Qwest, certjficates of such jnsurance issued by the insurjng carrier(s). The jnsurjng carrier(s) may use the ACORD form, whjch js the Insurance Industries certjfjcate of jnsurance form. The insurance certjficates shall provide that: (1) Qwest js named as an addjtjonal jnsured; (2) thjrty (30) calendar days prior wrjtten notjce of cancellation of, or materjal change or exclusions in, the poljcy to whjch the certjficates relate shall be given to Qwest; (3) certjficatjon that underground hazard overage (commonly referred to as "U" coverage) js part of the coverage; and (4) the words pertajns to all operatjons and projects performed on behalf of the certificate holder" are jncluded in the descriptjon portjon of the certjficate. The CLEC shall not commence work hereunder until the obligatjons of the CLEC with respect to jnsurance have been fulfilled. The fulfillment of such obljgatjons shall not reljeve the CLEC of any Ijability hereunder or in any way modify the CLEC's obligations to jndemnify Qwest. Whenever any work is performed requjring the excavatjon of soil or use of heavy machjnery within fifty (50) feet of rajlroad tracks or upon rajlroad right-of-way, a Railroad Protectjve Liabjljty Insurance policy will be required. Such policy shall be jssued in the name of the Railroad with standard limjts of Two Million Dollars ($2 000 000.00) per October 4, 2004 Page 14 Exhibit D occurrence combined sjngle limit for bodjly jnjury, property damage or physjcal damage to property with an aggregate limit of Six Million Dollars ($6 000,000.00). In addjtion, said poljcy shall name Owest and the CLEC/SubCLEC on the declaratjons page wjth respect to jts interest in these specific job. Said insurance policy shall be jn form and substance satisfactory both to the Owest and the Railroad and shall be deljvered to and approved by both parties prior to the entry upon or use of the Rajlroad Property. Whenever any work must be performed in the Colorado State Hjghway rjght-of-way, poljcies and certificates of insurance shall also name the State of Colorado as an additjonal insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copies of sajd certificates must be avajlable on site durjng the performance of the work. CONSTRUCTION AND MAINTENANCE OF FACILITIES. Qwest Idaho Owest retajns the right, jn its sole judgment, to determjne the availabiljty of space on Poles/lnnerduct. When modificatjons to a Owest spare conduit include the placement of innerduct, Owest retajns the rjght to jnstall the number of innerducts requjred to occupythe condujt structure to jts full capacity. In the event Owest determines that rearrangement of the existjng facilities on Polesllnnerduct js requjred before CLEC' Facilities can be accommodated , the cost of such modificatjon will be included jn the CLEC's nonrecurring charges for the associated Polesllnnerduct Order. CLEC shall be solely responsible for obtaining the necessary underlyjng legal authority to occupy Polesllnnerduct on governmental , federal, Native American , and private rjghts of way, as appljcable, and Owest does not warrant or represent that providing CLEC with access to the Polesllnnerduct jn any way constitutes such legal right. The CLEC shall obtajn any necessary permjts, Ijcenses, bonds, or other legal authority and permjssion , at the CLEC's sole expense, jn order to perform its obljgations under thjs Agreement. The CLEC shall contact all owners of publjc and private rights-of-way, as necessary, to obtajn written permjssion required to perform the work prior to enterjng the property or startjng any work thereon and shall provide Owest with written documentatjon of such legal authorjty prior to placement of its faciljties on or jn the Polesllnnerduct. The CLEC shall comply with all condjtjons of rights-of-way and Orders. CLEC's Faciljtjes shall be placed and majntajned jn accordance with the requjrements and specifications of the current appljcable standards of Bellcore Manual of Constructjon Standards, the Natjonal Electrical Code, the Natjonal Electrjcal Safety Code, and the rules and regulatjons of the Occupatjonal Safety and Health Act, all of which are jncorporated herejn by reference, and any governing authority having jurisdiction of the subject matter of thjs Agreement. Where a djfference in specificatjons exjsts, the more stringent shall apply. Failure to majntajn Faciljtjes in accordance with the above requirements shall be Cause as referenced jn Section 3 to thjs Agreement for termjnation of the Order in question. Termination of more than two (2) Orders in any twelve-month perjod pursuant to the foregoing sentence shall be Cause as referenced in Sectjon 3 for termination of thjs Agreement. Owest's procedures governing its standard maintenance practices shall be made available upon request for publjc inspectjon at the approprjate Owest premises. CLEC's procedures governing its standards maintenance practjces for Faciljtjes shall be made available to Owest upon wrjtten request. CLEC shall wjthin thjrty (30) days comply and provide the requested informatjon to Owest to brjng their faciljtjes into compljance with these terms and condjtions. October 4 , 2004 Page 15 6.4. Exhibit D In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated on a prjorjty basis as establjshed by local , state or federal requirements, or where such requirement do not exjsts, repairs shall be made jn the following order: electrical, telephone (local), telephone (long distance), and cable television, or as mutually agreed to by the users of the effected Poles/lnnerduct. 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 their Account Manager at the Interconnect Servjce Center. MODIFICATION TO EXISTING POLES/INNERDUCT. If CLEC requests Qwest to replace or modjfy existjng Poles/lnnerduct to increase its strength or capacity for the benefit of the CLEC and Qwest determines jn its sole djscretjon to provide the requested capacity, the CLEC shall pay Qwest the total replacement cost, Owest's cost to transfer jts attachments, as necessary, and the cost for removal (jncludjng destructjon fees) of any replaced Polesllnnerduct, if such is necessary. Ownershjp of new Poles/lnnerduct shall vest in Qwest. To the extent that a modifjcation js incurred for the benefit of multjple parties , CLEC shall pay a proportjonate share of the total cost as outljned above, based on the ratjo of the amount of new space occupied by the Faciljties to the total amount of space occupied by all partjes joinjng the modifjcatjon. Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable safety or other requirements shall be deemed to be for the benefit of the multjple parties and CLEC shall be responsjble for jts pro rata share of the modification cost. Except set forth herejn, CLEC shall have no obljgation to pay any of the cost of replacement or modjficatjon of Poles/lnnerduct requested solely by thjrd parties. Wrjtten notification of modjficatjon jnitiated by or on behalf of Qwest shall be provjded to CLEC at least sixty (60) days prjor to beginnjng modifjcations if such modifications are not the result of an emergency situation. Such notjfication shall jnclude a brief description of the nature and scope of the modjfication. If CLEC does not rearrange its facilitates wjthjn sjxty (60) days after recejpt of written notice from Qwest requesting such rearrangement Qwest may perform or cause to have performed such rearrangement and CLEC shall pay for cost thereof. No such notjce shall be requjred jn emergency situations or for routine majntenance of Poles/lnnerduct. INSPECTION OF FACILITIES. Qwest reserves the rjght to make final construction, subsequent and periodic inspectjons of CLEC's facilities occupying the Polesllnnerduct system. CLEC shall reimburse Qwest for the cost of such jnspections except as specified in Section 8 hereof. Qwest Idaho CLEC shall provide written notice to Qwest, at least fifteen (15) days in advance , of the locatjons where CLEC's plant is to be constructed. The CLEC shall forward Exhjbit A, entjtled "Pulling In Report" attached hereto and incorporated herein by thjs reference, to Qwest within five (5) busjness days of the date(s) of the occupancy. Qwest shall provide written notjficatjon to CLEC wjthin seven (7) days of the date of completion of a final construction jnspectjon. October 4, 2004 Page 16 8.4. Exhibit D Where final constructjon inspectjon by Qwest has been completed GLEG shall be obljgated to correct non-complyjng condjtions within thirty (30) days of recejving written notjce from Qwest. In the event the correctjons are not completed within the thirty (30)- day period , occupancy authorizatjon for the Polesllnnerduct system where non-complying conditions remain uncorrected shall terminate immediately, regardless of whether GLEG has energized the faciljtjes occupyjng sajd Poles/lnnerduct system , unless Qwest has provjded GLEG a wrjtten extension to comply. GLEC shall remove its facilitjes from said Poles/lnnerduct in accordance with the provjsjons set forth jn Section 10 of thjs Agreement. No further occupancy authorization shall be jssued to GLEG untjl such non- complying conditjons are corrected or until GLEG'facilitjes are removed from the Pole/Gondujt system where such non-complying conditions exist. If agreed to in writing, by both parties, Qwest shall perform such correctjons and GLEG shall pay Qwest the cost of performing such work. Subsequent inspectjons to determjne if appropriate corrective actjon has been taken my be made by Qwest. Once the GLEGs faciljtjes occupy Qwest Poles/lnnerduct system and Exhjbjt A has been recejved by Qwest, Qwest may perform periodic inspections. The cost of such jnspections shall be borne by Qwest, unless the inspection reveals any violations hazards , or condjtions indjcating that GLEG has fajled to comply wjth the provisions set forth in thjs Agreement, in which case the GLEG shall reimburse Qwest for full costs of inspect jon, and re-inspection to determine compliance as requjred. A GLEG representatjve may accompany Qwest on field jnspections scheduled specifically for the purpose of inspectjng GLEG'Faciljties; however, GLEG's costs associated wjth its participation in such inspectjons shall be borne by GLEG. Qwest shall have no obligatjon to notjfy GLEG, and GLEG shall have no right to attend , any routjne field inspectjons. The costs of inspections made during construction and/or the fjnal construction survey and subsequent inspectjon shall be billed to the GLEG withjn thjrty (30) days upon completion of the inspection. Final construction, subsequent and periodjc inspections or the failure to make such jnspectjons, shall not impose any Ijabjlity of any kind upon Qwest, and shall not relieve GLEG of any responsjbjlitjes , obljgatjons, or Ijability arjsjng under this Agreement. UNAUTHORIZED FACILITIES Qwest Idaho If any facilities are found attached to Polesllnnerduct for which no Order is jn effect Qwest, wjthout prejudice to any other rjghts or remedjes under this Agreement, shall assess an unauthorjzed attachment admjnjstratjve fee of Two Hundred Dollars ($200.00) per attachment per Pole or jnnerduct run between manholes, and require the GLEG to submjt in writjng, wjthjn ten (10) day after recejpt of written notjfjcatjon from Qwest of the unauthorized occupancy, a Poles/lnnerduct appljcation. Qwest shall wajve the unauthorjzed attachment fee jf the followjng condjtjons are both met: (1) GLEG cures such unauthorized attachment (by removing jt or submitting a valid Order for attachment jn the form of Attachment 2 of Exhjbit D , wjthin thirty (30) days of wrjtten notjfication from Qwest of the unauthorjzed attachment; and (2) the unauthorjzed attachment did not require Qwest to take curatjve measures jtself (e., pulljng addjtjonal innerduct) prjor to the cure by GLEG. Qwest shall also wajve the unauthorjzed attachment fee if the unauthorized attachment arose due to error by Qwest rather than by GLEG. If such appljcation is not recejved by.Qwest within the specifjed tjme period, the GLEG will be requjred to remove jts unauthorized facility wjthin ten (10) days of the final date for October 4 , 2004 Page 17 10. 11. Exhibit D submitting the required application , Qwest may remove the GLEG's facilities without Ijability, and the cost of such removal shall be borne by the GLEG. For the purpose of determinjng the appljcable charge, the unauthorized Poles/lnnerduct occupancy shall be treated as havjng exjsted for a period of five (5) years prjor to jts discovery, and the charges, as specified in Section 4 , shall be due and payable forthwjth whether or not GLEG is ordered to contjnue the occupancy of the Poles/lnnerduct system. No act or fajlure to act by Qwest with regard to an unauthorjzed occupancy shall be deemed to constitute the authorjzation of the occupancy; any authorization that may be granted subsequently shall not operate retroactively or constjtute a wajver by Qwest of any of its rjghts of prjvileges under this Agreement or otherwise. REMOVAL OF FACILITIES. Should Qwest, under the provisions of thjs Agreement, remove GLEG'Faciljtjes from the Poles/lnnerduct covered by any Order (or otherwise), Qwest will deliver the Facilities removed upon payment by GLEG of the cost of removal , storage and deljvery, and all other amounts due Qwest. If payment is not recejved by Qwest wjthjn thjrty (30) days, CLEC will be deemed to have abandoned such faciljtjes, and Qwest may dispose of said faciljtjes as it determines to be approprjate. If Qwest must djspose of sajd faciljties , such action will not relieve CLEC of any other financial responsjbility associated wjth such removal as provided herejn. If CLEC removes jts Facjljtjes from Poles/lnnerduct for reasons other than repair or majntenance purposes, the GLEG shall have no right to replace such facilitjes on the Polesllnnerduct until such tjme as all outstanding charges due to Qwest for previous occupancy have been pajd in full. CLEC shall submit Exhibit B , entitled "Notificatjon of Surrender of Modjfication of Conduit Occupancy License by CLEC " or Exhibjt C, entitled "Notificatjon of Surrender of Modjfication of Pole Attachment by GLEC," each as attached hereto, advising Qwest as to the date on which the removal of Facilitjes from each Polesllnnerduct has been completed. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnjfy and hold harmless Qwest, jts owners, parents, subsidjaries, affiljates, agents, directors, and employees against any and all Ijabilities, clajms , judgments, losses, orders , awards, damages, costs, fines, penaltjes, costs of defense, and attorneys' fees ("Liabjlitjes ) to the extent they arise from or in connectjon wjth: (1) infrjngement, or alleged jnfrjngement, of any patent rights or clajms caused or alleged to have been caused , by the use of any apparatus, appliances, equipment, or parts thereof, furnished , jnstalled or utilized by the CLEC; (2) actual or alleged fault or negljgence of the CLEC, its officers, employees , agents, subcontractors and/or representatives; (3) furnjshing, performance, or use of any material suppljed by CLEC under this Contract or any product liability clajms relating to any material supplied by CLEC under thjs Contract; (4) fajlure of CLEC , its offjcers , employees, agents, subcontractors and/or representatjves to comply wjth any term this Contract or any appljcable local , state, or federal law or regulatjon , includjng but not Ijmited to the OSH Act and environmental protection laws; (5) assertions under workers' compensation or sjmilar employee benefit acts by CLEC or jts employees, agents , subcontractors, or subcontractors' employees or agents; (6) the acts or omjssjons (other than the gross negligence or willful misconduct) of Qwest, jts offjcers, employees, agents, and representatives, except as otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that may rise, includjng damages for delay or other related economjc damages that the Qwest or third partjes may suffer or allegedly suffer as a result of the performance or failure to perform work by the CLEC. If both Qwest and the CLEC are sued as a result of or in connection with the performance of work arjsing out of this Contract, the partjes hereby agree that the defense of the case (includjng the costs of the defense and attorneys' fees) shall be the responsjbility of the CLEC, jf Qwest desires. Qwest shall gjve the CLEC reasonable written notice of all such clajms Qwest Idaho October 4, 2004 Page 18 Exhibit D and any suits allegjng such claims and shall furnish upon the CLEC's request and at the CLEC' expense all informatjon and assistance available to the Qwest for such defense. The partjes shall employ Article 13, Dispute Resolution, to resolve any dispute concernjng the proportional fault and Ijabiljty after the underlying 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 provjded 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; provided, however, there shall be no Ijmitatjon on a party's Ijability to the other for any fines or penaltjes jmposed on the other party by any court of competent jurisdiction or federal, state or local admjnjstrative agency resultjng from the failure of the party to comply wjth any term or condjtjon of thjs Contract or any valjd and applicable law, rule or regulation. FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR WASHINGTON , SECTION 11 (6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA NEW MEXICO , OR OREGON , ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH DEVICES, USED AS PART OF A MANUFACTURING , COVERING, OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM , AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION OR DISTRIBUTION PURPOSES. FORCE MAJEURE 12. 12.2 Qwest Idaho The CLEC shall be excused from its performance as to any Order if prevented by acts or events beyond the CLEC's reasonable control jncludjng extreme weather condjtjons strjkes, fires, embargoes, actions of civjl or military law enforcement authorities, acts of God, or acts of legislatjve, judicial , executive, or admjnjstrative authorjtjes. If such contingency occurs, Qwest may elect: 12.1 To termjnate thjs Agreement as to the Order in question; or October 4, 2004 Page 19 Exhibit D 12.2 To terminate already-assigned specjfic work assignment(s) the GLEG js unable to perform , or any part thereof, and to assjgn new specific work assjgnments to other parties for the duration of the cause of the delay; or 12.3 To suspend already-assjgned specific work assjgnment(s) the GLEG js unable to perform, or any part thereof, for the duration of the cause of the delay; and to assign new specific work assjgnments to other partjes for the duratjon of the cause of the delay. 12.Owest shall be deemed to have elected Section 12.3 above unless written notice of termjnation is given by Owest after the contingency occurs. With respect to Owest's electjon of Sectjon 12.3 above: 12.1 Owest shall gjve the GLEG written notice of the work to be performed by such other party prior to jts performance and shall deduct from the GLEG' prjce the cost of the work or services actually performed by such other partjes. 12.2 The GLEG shall resume performance, and complete any work not performed or to be performed by another party, once the delaying cause ceases. 12.3 If approprjate , at the Owest's djscretjon , the time for completion of specific work assjgnment(s) shall be extended up to the length of time the contingency endured. 12.4 Owest shall be excused from jts performance jf prevented by acts or events beyond the Owest's reasonable control includjng extreme weather conditjons, strjkes, fjres embargoes, actions of civil or miljtary law enforcement authorities, acts of God, or acts of legjslatjve, judjcial, executjve, or administratjve authorjtjes. 13.DISPUTE RESOLUTION. 13.1. Other than those claims over which a regulatory agency has exclusive jurjsdjction, all clajms, 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 byarbjtratjon. A single arbjtrator engaged jn the practjce of law and knowledgeable about telecommunjcatjons law shall conduct the arbjtratjon in accordance with the then current rules of the American Arbjtration Associatjon ("AM") unless otherwjse provjded herein. The arbitrator shall be selected jn accordance wjth AM procedures from a list of qualjfied people majntained by AM. The arbitration shall be conducted in the regjonal AM office closest to where the claim arose. 13.2. All expedited procedures prescrjbed by the AM shall apply. The arbjtrator s decisjon shall be fjnal and bjndjng and judgment may be entered in any court having jurisdictjon thereof. 13.3. Other than the determjnation of those claims over whjch a regulatory agency has exclusive jurjsdictjon, federal law (jncludjng the provisions of the Federal Arbjtration Act, 9 G. Sections 1-16) shall govern and control with respect to any issue relatjng to the validjty of this Agreement to arbitrate and the arbjtrability of the clajms. Qwest Idaho October 4, 2004 Page 20 14. 15. Exhibit D 13.4. If any party files a judicial or admjnjstrative actjon assertjng clajms subject to arbjtration and another party successfully stays such action and/or compels arbitration of such clajms , the party filing the action shall pay the other party's costs and expenses incurred in seeking such stay or compelljng arbjtratjon, jncluding reasonable attorney s fees. LAWFULNESS. Thjs Agreement and the partjes' actjons under thjs Agreement shall comply with all applicable federal , state, and local laws, rules , regulations, court orders, and governmental agency orders. Any change in rates , charges or regulatjons mandated by the legally constjtuted authorities will act as a modifjcation of any contract to that extent wjthout further notice. This Agreement shall be governed by the laws of the state where Poles/lnnerduct is provjded. Nothing contained herein shall substjtute for or be deemed a waiver of the parties' respectjve rights and obligatjons under applicable federal , state and local laws, regulations and gujdeljnes, includjng (without Ijmitatjon) Sectjon 224 of the Communications Act of 1934, as amended (47 U.C. 224). The CLEC represents that it is a certjfjed Competjtjve Local Exchange Carrjer or otherwise has the legal rjght, pursuant to 47 U.C. 224 to attach to Qwest's pole pursuant to the terms thereof. The CLEC acknowledges that Qwest will rely on the foregojng representation, and that if such representation js not accurate , this Agreement shall be deemed vojd ab initio, except for Artjcle 9 hereof, for which CLEC shall remain fully liable. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency wjth proper jurjsdiction determines that this Agreement or a provision of thjs Agreement js unlawful thjs Agreement, or that provjsion of the Agreement to the extent jt js unlawful , shall terminate. If a provjsion of this Agreement is terminated but the partjes can legally, commercially and practicably contjnue wjthout the termjnated provjsion , the remainder of thjs Agreement shall continue jn effect. 16.GENERAL PROVISIONS. 16.Fajlure or delay by either party to exercise any right, power, or privilege hereunder, shall not operate as a wajver hereto. 16.This Agreement shall not be assignable by CLEC without the express wrjtten consent of Qwest, whjch shall not be unreasonably withheld. Assignment of thjs Agreement by CLEC to CLEC's subsjdjary or affiljate shall be presumed to be reasonable; provided however, that CLEC must obtain Qwest's consent jn any event. 16.Thjs Agreement benefits CLEC and Qwest. There are no thjrd party beneficiarjes. 16.4 This Agreement constjtutes the entjre understanding between CLEC and Qwest wjth respect to Servjce provjded herejn and supersedes any prior agreements or understandjngs. . Qwest Idaho October 4, 2004 Page 21 Exhibit D The parties hereby execute and authorize this Agreement as of the latest date shown below: CLEC Owest Corporation Signature Sjgnature Name Typed or Printed Name Typed or Prjnted PRODUCT MANAGER TitleTjtle Date Date Address for Notices Address for Notjces Owest Corporatjon 1801 Caljfornja, Rm. 2330 Denver, CO 80202 Contact:Contact: Manager Phone:Phone:303-896-0789 FAX:FAX:303-896-9022 Qwest Idaho October 4, 2004 Page 22 Exhibit D EXHIBIT A PULLING IN REPORT This report is to be completed by the CLEC when fiber cable is placed jnto innerduct. Send to: Manaqer. Qwest Corp 700 W Mineral. Rm IAF12 Littleton. CO 80120 (303-707-7598) This is to advise you that pursuant to General Agreement No. granted to us under the terms of the Innerduct Agreement dated , 20- we have completed jnstallation of the following cable jnto the following ducts. Municipality Locatjon From Manhole at Manhole at Cable and Equjpment Installed Name of CLEC By: Tjtle: Receipt of the above report is hereby acknowledged Qwest Corporatjon By: Tjtle: Reports shall be submitted in duplicate. A complete descrjption of all facilitjes shall be given , jncluding a prjnt showing the locatjons quantjtjes, 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 Exhibjt -' unless a change has been prevjously authorized 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: Manaqer, Qwest COrD 700 W Mineral Rm IAF12 Littleton , CO 80120 In accordance wjth the terms and conditions of this Agreement between us , dated notjce is hereby gjven that the licenses covering occupancy of the following conduit are surrendered (and/or modjfied as indjcated in Licensee s prjor notifjcation to Licensor, dated ) effective CONDUIT LOCATION LlC. NO. &SURRENDER OR DATE DATE MODIFICATION FAC. RMVD. OR MODIFIED Name of Licensor Name of Co- Provjder Date Notjfjcation Recejved Title Date Modjficatjon Accepted Djscontinued: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. Qwest Corp 700 W Mjneral Rm IAF12 Littleton, CO 80120 In accordance wjth the terms and condjtions of the Agreement between Qwest and CLEC, dated , notice js hereby gjven that the licenses covering attachments to the followjng poles and/or anchors , and/or utiljzation of anchor/guy strand js surrendered (or modjfied as indjcated jn CLEC's prjor notjficatjon to Qwest, dated , 20 ) effectjve POLE NO.ASSOC. POLE LlC. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVD OR MODIFIED AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - Date Notjfjcatjon Recejved Date Modjficatjon Recejved By:Name of CLEC Djscontinued: Poles Anchors By: Anchor/Guy Strands Its: Qwest Idaho October 4, 2004 Page 25 Exhibit D ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recordjng, please return to: Manaqer 700 W Mineral, Rm IAF12 littleton , CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (thjs "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 corporation Grantor ), whose address and , whose address js Grantee RECITALS This Agreement relates to certajn real property (the "Property") located in the County of (the "Countv ), State of (the "State B. A copy of an agreement purportjng to grant to Grantor certajn rights to use the Property, as described therejn (the "Easement Rjqhts ), js attached as Exhibit A (the "Rjqht of Wav Aqreement C. Pursuant to 42 U.C. ~~ 224 and 251 (b)(5), Grantor, as a Local Exchange Carrier, js required to provide access to rights-of-way to a requesting telecommunjcatjons carrier, as defined jn 42 C. ~ 224. Grantee is a telecommunjcations carrjer that has requested access to Grantor s Easement Rights. To comply wjth the aforementjoned legal requirement, Grantor has agreed to share wjth Grantee jts Easement Rjghts, if any, relating to the Property, to the extent Grantor may legally convey such an jnterest. D. Subject to the terms and condjtions set forthjn thjs Agreement, Grantor has agreed to convey to Grantee, wjthout any representatjon or warranty, the right to use the Easement Rjghts, and Grantee has agreed to accept such conveyance. NOW, THEREFORE , for Ten Dollars ($10.00) and other good and valuable consjderation, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Rjqht of Access.Grantor hereby conveys to Grantee and jts Authorized Users (as defined below) a non-exclusjve, perpetual right to access and use the Easement Rights, whjch rjght shall be expressly (a) subject to, subordinate to, and Ijmited by the Rjght of Way Agreement, and (b) subject to the terms and conditjons hereof. As used jn thjs Agreement , " Authorized Users" of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affjljates and agents Ijcensees, employees, and invjtees, jncludjng, without limitation, contractors , subcontractors, consultants Qwest Idaho October 4, 2004 Page 26 Exhibit D suppliers, public emergency vehjcles, shjppjng or delivery vehjcles, or construction vehjcles. "Affiljates means, with respect to any Person, any Person that controls, is controlled by or is under common control with such Person, together 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 jndjrectly, to djrect, or cause the djrection of, the management or policies of another Person, whether through ownershjp of votjng securities, by contract, or otherwjse. Person means an individual , partnershjp, limjted liabjlity company, association, corporatjon or other entjty. 2. Grantor s Reserved Rjqhts. Grantor reserves to itself and its Authorized Users the rjght to use the Easement Rjghts for any purpose not jncompatible wjth the rights conveyed to Grantee by thjs Agreement. 3. Conditjons Precedent to Effectiveness of Aqreement. condjtjoned on the following: This Agreement js expressly a. Recordation of Aqreement.If the Rjght-of-Way Agreement has been publicly recorded, Grantee shall be responsible for assuring that the Agreement is jn approprjate form for recording jn the real property records of the County, shall pay for the recordjng thereof, and shall provjde a copy of the recorded Agreement to Grantor at the address set forth above. A legible copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effective. b. Payment of Costs and Expenses. Grantee shall pay to or rejmburse Grantor for all costs and expenses, including reasonable attorneys' fees , relatjng to Grantor s executjon and deljvery of this Agreement. 4. Grantee s Representatjons and Warrantjes.Grantee represents and warrants to Grantor that: a. Authoritv. Grantee is a , duly formed and validly existing under the laws of the State of . All necessary actjon has been taken by Grantee to execute and deljver this Agreement and to perform the obljgations set forth hereunder. Grantee js a telecommunications carrjer" as that term js defjned in 42 U.C. ~ 224. b. Due Diliqence. Grantee acknowledges and agrees that nejther Grantor nor any agent employee, attorney, or representative of Grantor has made any statements, agreements promjses, assurances, representations , or warranties, whether jn thjs Agreement or otherwise and whether express or jmplied, regarding the Rjght of Way Agreement or the Easement Rjghts or the assignability or further granting thereof, or title to or the environmental or other condjtjon of the Property. Grantee further acknowledges and agrees that Grantee has examined and investjgated to its full satjsfactjon the physjcal nature and condition of the Property and the Easement Rights and that it is acquirjng the Easement Rights in an "AS IS , WHERE IS" condjtjon. Grantee expressly wajves all claims for damages by reason of any statement, representatjon warranty, assurance, promise or agreement made, jf any. Qwest Idaho October 4, 2004 Page 27 Exhibit D 5. Grantee s Covenants. a. Compliance with Riqht of Way Aqreement.Grantee agrees that the rights granted by Grantor hereunder are expressly subject to, subordinate to, and limjted by the Rjght of Way Agreement, and Grantee further agrees to comply in all respects wjth the terms and conditions of the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the event Grantee fails to observe or perform any of jts obligations under the Right of Way Agreement, Grantor shall have the rjght, but not the obligatjon , to perform or observe such obljgation to the extent that such obligation can be observed or performed by Grantor. b. Compliance wjth Laws. Grantee agrees to use the Property and the Easement Rjghts in compljance 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 without the prior written consent of Grantor, which consent may be granted or wjthheld jn Grantor s sole discretion. d. Non-Interference . Grantee agrees that it wjll not interfere with Grantor s or Grantor Authorjzed Users' use of the Easement Rights and will not take any actjon or fail to take any actjon that would negatjvely affect the Easement Rights or cause or contrjbute to the termjnatjon of the Rjght of Way Agreement. 6. Indemnjfication . Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and thejr respective Affiljates harmless from and against any and all clajms, judgments, damages, Ijabiljtjes penaltjes, fines, sujts, causes of act jon , costs of settlement, and expenses (jncluding, without Ijmitation 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 Authorized Users, of the Easement Rjghts. In addition to the indemnity obligations described above, in the event that any act or omjssion of Grantee or Grantee s Authorjzed Users causes, djrectly or indirectly, and wjthout reference to any act or omjssjon of Owner, Grantor or their respectjve Authorjzed users, the termjnatjon or revocatjon of the Easement Rights, Grantee shall be liable to Grantor for all costs incurred in connectjon with (a) acquiring replacement Easement Rights overthe Property or over other suitable Property, as determined in Grantor sole judgment (the Replacement Easement"), (b) the fully-loaded cost of constructing replacement facilities over the Replacement Easement, (c) the cost of removjng its facilities and personal property from the Property, jf requjred by the Rjght of Way Agreement, and (d) any other costs of complying with the Right of Way Agreement, jncludjng, without limitation , reasonable attorneys' fees. Grantee shall pay all such amounts withjn ten (10) days of recejpt of any jnvojce for such costs delivered to Grantee by Owner, Grantor or thejr respectjve Authorjzed Users. 7. Condemnatjon. If any actjon is taken whereby the Right 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 otherwise, then such any compensation due or to be paid 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 remajnder of thjs Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9. Default: Remedjes. (a) If Grantee files a petition jn bankruptcy, or a petition is bankruptcy js filed agajnst Grantee, which js not dismjssed on or before fjfteen (15) days after such filing, or (b) jn the Qwest Idaho October 4, 2004 Page 28 Exhibit D event of Grantee s breach or threatened breach of any term, covenant or condjtion of thjs . Agreement then Grantor shall have, jn addition to all other legal and equitable remedjes, the right to (x) termjnate thjs Agreement, (y) enforce the provisions hereof by the equitable remedy of specifjc performance, or (z) enjoin s~ch breach or threatened breach by injunctive action, all without the necessjty of proof of actual damages or jnadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obljgatjons of Grantee hereunder, jncluding reasonable attorneys' fees and all costs of suit , in case it becomes necessary for Grantor to enforce the obljgatjons of Grantee hereunder, whether suit be brought or not, and whether through courts of original jurisdiction , as well as jn courts of appellate jurisdjction , or through a bankruptcy court or other legal proceedings. 10. Bindinq Effect.This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assjgns. This Agreement may be assigned at any time in whole or jn part by Grantor. 11. No Dedjcatjon.Nothing contained in this Agreement shall constjtute a gjft or dedicatjon of any portjon of the Easement Rjghts to the general publjc or for any publjc purpose whatsoever. There are no intended thjrd-party benefjciaries to thjs Agreement. 12. Grantor s Waiver of Confidentialjtv. If the Right of Way Agreement is not publjcly recorded, Grantor hereby grants a limited waiver of any right to keep the terms and condjtjons of the Right of Way Agreement confidentjal, except for any dollar amounts in the Right of Way Agreement, which rights Grantor expressly reserves , and subject to Grantee s and Owner s compliance with the terms and conditions in thjs paragraph. In all instances, Grantee will use the Rjght of Way Agreement only for the following purposes: (a) to determine whether Grantor has ownershjp or control over duct, condujts, or rights-of-way wjthin the property descrjbed in the Rjght of Way Agreement; (b) to determine the ownership of wjre within the property described in the Right of Way agreement; or (c) to determjne the demarcatjon pojnt between Grantor faciljtjes and the Owner s facilities jn the property descrjbed jn the agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or condjtions of any agreement provjded pursuant to Section 10.8 to any Grantee agents or employees engaged jn sales, marketing, or product management efforts on behalf of Grantee. Grantor s wajver of rights subject to the limitations set forth above, is jntended to be effectjve whether or not such right confidentjaljty is expressly set forth jn the Right 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 claim or commence any action , lawsuit, or other legal proceedjng agajnst Owner or Grantee, based upon or arjsing out of Grantor s alleged rjght to confidentjality relating to the Rjght of Way Agreement, except jn the event of disclosure of dollar amounts in the Rjght of Way Agreement. Grantor s waiver js expressly conditjoned on Owner s waiver of Owner confidentjality rights, as set forth in the Consent to Djsclosure form , which is a part hereof, or Grantee s provisjon to Grantor of a legally binding and satisfactory- agreement to indemnjfy Grantee jn the event of any legal actjon arisjng out of Owner s provisjon of a non-recorded agreement to Grantee. In the event that , the person executing the Consent to Disclosure form does not have the legal rjght to bind the Owner Grantor reserves the right to majntain an action for damages, jncludjng, without limitation , consequential damages, arjsing from such improper executjon agajnst any Person improperly executing the Consent to Djsclosure form. In any event, Grantor reserves jts right to (a) to enforce the confidentjality provisions of the Right of Way Agreement as to any dollar amounts set forth jn such Right of Way Agreements, and/or (b) to maintain an actjon for damages, jncluding, wjthout Ijmitatjon , consequentjal damages, arisjng from the disclosure of the dollar amounts in any Rjght of Way Agreement, against any party, jncluding, without limitation , against Grantee or against any Person jmproperly executjng the Consent to Disclosure form. 13. Notices. All notjces to be gjven pursuant to thjs Agreement shall be deemed deljvered (a) when personally deljvered , or (b) three (3) business days after bejng majled postage prepaid , by United Qwest Idaho October 4, 2004 Page 29 Exhibit D States certjfied mail, return recejpt requested, or (c) one business day after being tjmely delivered to an overnjght express courjer service such as Federal Express whjch provjdes for the equivalent 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 wrjtjng complying with the provisions of this Section. 14. Modjficatjon: Counterparts. Thjs Agreement may not be amended, modjfjed or changed , nor shall any waiver of any provjsion hereof be effectjve, except by an jnstrument jn writing and signed by the party against whom enforcement of any amendment, modification , change or waiver is sought. Thjs Agreement may be executed in any number of counterparts, all of whjch shall constitute but one and the same document. 15. Controllinq Law.This Agreement shall be governed by and construed jn accordance wjth thelaws 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. rSianature paaes fol/owl Qwest Idaho October 4, 2004 Page 30 Exhibit D EXECUTED as of the date fjrst wrjtten above. GRANTOR: Witnessed by:QWEST CORPORATION, a Colorado corporatjon successor jn jnterest to US WEST COMMUNICATIONS , INC. a Colorado corporation By: Name: Tjtle: ) ss: STATE OF COUNTY OF The foregoing jnstrument was acknowledged before me thjs day of, by of QWEST CORPORATION , a Colorado corporation. Wjtness my hand and official seal. (SEAL) Notary Publjc My Commjssjon Expires: Qwest Idaho October 4, 2004 Page 31 Exhibit D EXECUTED as of the date first written above. GRANTEE: Witnessed by:, a COUNTY OF By: Name: Title: ) ss: STATE OF The foregojng instrument was acknowledged before me thjs day of, by Wjtness my hand and official seal. (SEAL) Notary Publjc My Commjssjon 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 following paragraphs regarding the agreement descrjbed or entjtled as between Owest Corporatjon, formerly U S WEST Communications, Inc. ("Owest") and Owner for the property located at Property ) that provjdes Owest with access to Owner s Property (the "Aqreement FOR TEN DOLLARS ($10) and other good and valuable consideratjon, the receipt and sufficjency of whjch are hereby acknowledged , Owner agrees as follows: 1. Title to Property. Owner represents and warrants ejther (a) that Owner js the owner of fee title to the Property described jn the Agreement or, if no descrjptjon of the Property is given in the Agreement, then (b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, jf any, under the Agreement. Owner further represents and warrants that Owner has the legal right to execute this Consent to Disclosure , jncluding, without limitation , the right to waive the confjdentjality of the Agreement as set forth in paragraph 3 of this Consent to Djsclosure. 2. Owner s Acknowledqments Owner expressly acknowledges that (a) this is a legal document that may affect Owner s rjghts and Owner was gjven the opportunity to have the Agreement and thjs Consent to Djsclosure revjewed by Owner s attorney; and (b) Owner, by signjng thjs Consent to Djsclosure wajves any rights it may have to keep the terms and provjsions of the Agreement confidentjal. 3. Owner s Waiver of Confidentiality Owner hereby wajves any rjght jt may have to keep the terms and condjtjons of the Agreement confidential , whether or not such right to confjdentialjty is expressly set forth jn the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the competitive local exchange carrier ("CLEC") with the requjrements of paragraph 5. Owner further covenants not to assert any clajm or commence any act jon, lawsuit, or other legal proceedjng agajnst Owest or CLEC presentjng thjs Consent to Djsclosure, based upon or arjsing out of Owner s alleged right to confidentjaljty relatjng to the Agreement. Owner s consent to djsclosure appljes only to the Agreement that is descrjbed jn thjs Consent to Disclosure form and only to the undersjgned CLEC. 4. Owest's Wajver of Confidentialjty. Owest represents and warrants that it js granting a limited wajver of jts confidentiality rjghts that permjts CLEC to revjew the Agreement subject to CLEC's compljance wjth the requjrements of paragraph 5 and Owest's rjght to redact all dollar amounts set forth in the Agreement. Owest's consent to djsclosure appljes only to the Agreement that js descrjbed in this Consent to Djsclosure form and only to the undersjgned CLEC. 5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the followjng purposes and for no other purpose whatsoever: (a) to determjne whether Owest has ownershjp or control over duct, conduits, or rjghts-of-way withjn the Property descrjbed jn the Agreement; or (b)to determjne the ownershjp of wire wjthin the Property described in the Agreement; or Qwest Idaho October 4, 2004 Page 33 Exhibit D (c) to determine the demarcation point between Qwest faciljtjes and the Owner s facjlitjes in the Property descrjbed jn the Agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or condjtions of the Agreement to any CLEC agents or employees engaged in sales, marketjng, or product management efforts on behalf of CLEC. 6. Acknowledgement of Limjtation on Wajvers. 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. Notjces . All notices to be given pursuant to thjs Agreement shall be deemed delivered (a) when personally deljvered, or (b) three (3) business days after being majled postage prepajd , by United States certjfjed mail , return receipt requested, or (c) one business day after bejng timely deljvered to an overnight express courjer servjce such as Federal Express which provjdes for the equivalent 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 wrjting complying with the provjsjons of this Sectjon. EXECUTED as of the date first wrjtten above. OWNER: CLEC: Qwest Idaho October 4, 2004 Page 34 Exhibit D EXHIBIT 1 Right of Way Agreement (This 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 followjng requests: Requesting specifjc product feature(s) be made available by Qwest that are currently available in a swjtch, but whjch are not actjvated. Requesting specifjc product feature(s) be made available by Qwest that are not currently available in a switch , but which are avajlable from the swjtch vendor Requestjng a combjnatjon of Unbundled Network Elements that .js a combinatjon not currently offered by Qwest as a standard product and: that js made up of UNEs that are defined by the FCC or the Commjssion as a network element to which Qwest js obligated to provjde unbundled access and; that is made up of UNEs that are ordinarily combjned jn the Qwest network. 1.4 Requestjng an Unbundled Network Element that does not requjre a technjcal feasibjlity analysis and has been defined by the FCC or the State Commission as a network element to whjch Qwest is obljgated to provide unbundled access, but for which Qwest has not created a standard product, including, but not Ijmited to, OC-192 (and such higher bandwidths that may exist) UDIT, EEL between OC-3 and OC-192 and new varietjes of subloops.2. Any request that requjres an analysjs of Technjcal Feasibjljty shall be treated as a Bona Fjde Request (BFR), and will follow the BFR Process set forth in thjs Agreement. If it is determjned that a request should have been submitted through the BFR process, Qwest will consjder the BFR time frame to have started upon recejpt of the original Special Request appljcatjon form.3. A Special Request shall be submjtted in wrjtjng and on the approprjate Qwest form which is located on Qwest's websjte.4. Qwest shall acknowledge receipt of the Special Request wjthjn two (2) busjness days of recejpt.5. Qwest shall respond wjth an analysjs, includjng costs and tjmeframes, withjn fjfteen (15) business days of recejpt of the Specjal Request. In the case of UNE Combjnatjons, the analysjs shall include whether the requested combjnation is a combjnatjon of network elements that are ordinarily combjned jn the Qwest network. If the request is for a combinatjon of network elements that are not ordinarjly combined jn the Qwest network, the analysjs shall jndicate to CLEC that it should use the BFR process if CLEC elects to pursue its request.6. Upon request, Qwest shall provide CLEC with Qwest's supportjng cost data and/or studjes for Unbundled Network Elements that CLEC wjshes to order within seven (7) busjness days, except where Qwest cannot obtajn a release from its vendors within seven (7) business days, jn whjch case Qwest will make the data available as soon as Qwest recejves the vendor release. Such cost data shall be treated as Confidential Informatjon , if requested by Qwest under the non-disclosure sections of this Agreement. Negotiations Template, Exhibit F 9/10/2004 Page 1 Owest All States EXHIBIT G INTENTIONALLY LEFT BLANK October 4, 2004 Page 1 EXHIBIT H Calculation of the Relative Use Factor (RUF) Minutes that are Qwest's responsibility (A): All EAS/Local 251 (b)(5) Mjnutes of Use (MOU) that Owest sends to CLEC All Owest Exchange Access MOU that Owest sends to CLEC EAS/LocaI251(b)(5) traffic that transits Owest network and js terminated to CLEC for which Owest receives compensation from the origjnating Carrier for performing the local transiting function AlllntraLA T A transit MOU that Owest sends to CLEC . AIIISP-bound and FX MOU that CLEC sends to Owest Minutes that are CLEC's responsibility (B): All EAS/LocaI251(b)(5) MOU that CLEC sends to Owest All Exchange Access MOU that CLEC sends to Owest All EAS/Local 251 (b )(5) traffic that CLEC sends to Owest for termination on another Carrjer s network AlllntraLA T A transit MOU that CLEC to Owest All Jojntly Provided Swjtched Access (unless jojnt NECA 4 bjlling percentages have been filed) that Owest sends to CLEC and that CLEC sends to Qwest . AIIISP-bound and VNXX MOU that Owest sends to CLEC All VNXX MOU that transjts Owest network and js terminated to CLEC The mathematical equation for RUF is as follows: Qwest (A) (A+B) CLEC (B) (A+B) Rounded to nearest whole percentage Rounded to nearest whole percentage Data used for the calculation will be the average of the most recent three (3) months usage determined not to be an anomaly. Exhibit H -Qwest Fourteen State Template Version 1., May 11 2005 Qwest All States Except Minnesota and Washington Exhibit I - Individual Case Basis This Agreement contains references to both ICB rates and ICB intervals. The purpose ofthis 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 For those products and services identified in the SGAT 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.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. 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 tenns and conditions any applicable vendor contract or agreement, Qwest shall diligently pursue obtaining the release of cost infonnation as soon as reasonably possible. To the extent consistent with the tenns and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost infonnation 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 infonnation if requested by Qwest under the non-disclosure sections of this Agreement. Negotiations Template, Exhibit I 20-Page 1 Exhibit I - Individual Case Basis ICB Provisioning Intervals 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. 3.2 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 NOT APPLICABLE - BILL AND KEEP ARRANGEMENT Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange (9251 (b)(5)) Traffic, per section 7.3.4.4 at: CLEC must select either 1. OR 2. 1. The rates applicable to 9251 (b )(5) Traffic between Qwest and CLEC shall be the same as the rates established in ISP-bound traffic pursuant to Section 7.3. Such rate for ISP-bound traffic will apply to 9251 (b)(5) Traffic in lieu of End Office Call Termination rates, and Tandem Switched Transport rates. Signature 2. Compensation rate for 9251 (b)(5) Traffic shall be as established by the Commission. The Parties shall cooperate in establishing a process by which 9251 (b)(5) Traffic and ISP-bound traffic will be identified in order to compensation one another at the appropriate rates and in an prompt manner (See 97.6). Signature When the FCC ordered rate for ISP-bound traffic is applied to (9251 (b)(5)) Traffic, the FCC Ordered ISP rate is used in lieu of End Office call termination and Tandem Switched Transport rate elements. Negotiations Template Exhibit J 9/10/2004 Page I Exhibit K PERFORMANCE ASSURANCE PLAN Introduction As set forth jn this Agreement, Qwest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), prepared in conjunction with Qwest's applicatjon for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service. Plan Structure The PAP is a two-tiered, self-executing remedy plan. CLEC shall be provided with Tier 1 payments if, as applicable , Qwest does not provide parity between the servjce it provides to CLEC and that which it provides to its own retail customers, or Qwest fajls to meet applicable benchmarks. 1 As specified in section 7., if Qwest fails to meet parjty and benchmark standards on an aggregate CLEC basis , Qwest shall make Tjer 2 payments to a Fund established by the state regulatory commission or, if requjred by existing law, to the state general fund. As specified in sectjons 6.0 and 7.0 and Attachments 1 and 2, payment is generally on a per occurrence basis, (Le., a set dollar payment times the number of non-conforming service events). For the performance measurements which do not lend themselves to per occurrence payment, payment is on a per measurement basis, (Le., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance, (Le., an escalating payment the longer the duration of non-conforming performance). Qwest shall be in conformance with the parity standard when service Qwest provides to CLEC is equivalent to that which it provides to its retail customers. The PAP relies upon statistical scoring to determine whether any difference between CLEC and Qwest performance results is significant, that is, not attributable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Qwest retail analogue result in a z-value that is no greater than the critical z- values listed in the Critical Z-Statistical Table in section 5. 2.4 For performance measurements that have no Qwest retail analogue , agreed upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and compare" method. For example, if the benchmark is for a particular performance measurement is 95% or better, Qwest 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 CLEC 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 SGAT Third Revised , Fifth Amended Exhjbjt K, November 30 2004 - 1- Exhibit K situation , the determinatjon of whether Owest meets or fails the benchmark standard will be made using performance results for the month in question, plus a sufficient number of consecutive months so that a 100% performance result would not be required to meet the standard. For purposes of section 6., a meet or fail determined by this procedure shall count as a single month. Performance Measurements The performance measurements included in the PAP are set forth in Attachment 1. Each performance measurement identified is defined in the Performance Indicator Definjtions ("PIDs ) developed in the ROC Operational Support System ("OSS") collaborative , and which are included in the SGAT at Exhibit B. The measurements have been designated as Tier 1 , Tier 2, or both Tier 1 and Tier 2 and given a High, Medium, or Low desjgnatjon. Statistical Measurement Owest uses a statjstical test, namely the modified "test " for evaluating the difference between two means (Le., Owest and CLEC service or repair intervals) or two percentages (e., Owest and CLEC proportions), to determine whether a parity condition exists between the results for Owest and the CLEC(s). The modjfied z- tests shall be applicable if the number of data points are greater than 30 for a given measurement. For testing measurements for which the number of data pojnts are 30 or less , Owest will use a permutation test to determine the statistical significance of the difference between Owest and CLEC. Owest shall be in conformance when the monthly performance results for parity measurements (whether in the form of means, percents , or proportions and at the equivalent level of disaggregation) are such that the calculated z-test statistics are not greater than the critical z-values as listed in Table 1 , section 5. Owest shall be in conformance with benchmark measurements when the monthly performance result equals or exceeds the benchmark, if a higher value means better performance , and when the monthly performance result equals or is less than the benchmark if a lower value means better performance. The formula for determining parity using the modified z-test is: z = DIFF O"OIFF Where: DIFF = Mawest - MCLEC MaWEST = Owest average or proportion Qwest Idaho SGAT Third Revjsed, Fifth Amended Exhibjt K, November 30 2004 - 2- Exhibit K MCLEC = CLEC average or proportion O"OIFF = square root oO"Qwest (1/ n CLEC + 1/ n Qwest)) awest = calculated variance for Qwest nawest = number of observations or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests will be applied to reported parity measurements that contain more than 30 data points. In calculating the difference between Qwest and CLEC performance, the above formula applies when a larger Qwest value indicates a better level of performance. In cases where a smaller Qwest value indicates a higher level of performance , the order is reversed , i.e., MCLEC - MaWEST. For parity measurements where the number of data points js 30 or less, Qwest will apply a permutatjon test to test for statistical significance. Permutation analysis will be applied to calculate the z-statistic using the following logic: Calculate the modified z-statistic for the actual arrangement of the data Pool and mix the CLEC and Qwest data sets Perform the following 1000 times: Randomly subdivide the pooled data sets into two pools, one the same size as the original CLEC data set (nCLEC) and one reflecting the remaining data points , and one reflectjng the remaining data points (which is equal to the size of the original Qwest data set or nawEsT). Compute and store the modified z-test score (Zs) for this sample. Count the number of times the z-statistic for a permutation of the data greater than the actual modified z-statistic Compute the fraction of permutations for which the statistic for the rearranged data is greater than the statistic for the actual samples If the fraction is greater than ex, the significance level of the test, the hypothesis of no difference is not rejected , and the test is passed. The ex shall be .05 when the critical z value is 1.645 and .15 when the critical z value is 1.04. Critical Z-Value The following table shall be used to determine the critical z-value that is referred to in section 6.0. It is based on the monthly business volume of the CLEC Qwest Idaho SGA T Thjrd Revjsed , Fifth Amended Exhjbit K, November 30, 2004 - 3- Exhibit K for the particular performance measurements for which statistjc testing is being 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 applies for individual month testing for performance measurements involving LIS trunks and DS-1 and DS-3 that are UDITs, Resale, or Unbundled Loops. The performance measurements are OP-3d/e , 0 P-4d/e , OP-, OP-4/5, MR-5a/b, MR-7d/e , and MR- For purposes of determinjng 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 statistical 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 service varies depending upon the designation of performance measurements as High , Medium , and Low and the duration of the non-conformjng servjce condition as described below. Non-conforming service is defined in section Determination of Non-Conforming Measurements: The number of performance measurements that are determined to be non-conforming and therefore, eligible for Tier 1 payments, are limited according to the critical z-value shown in Table 1 , section 5.0. The critical z-values are the statistical standard that determines for each CLEC performance measurement whether Qwest has met parity. The critical z-value is selected from Table 1 according to the monthly CLEC volume for the performance measurement. For instance, if the CLEC sample size for that month is 100, the critical z-value is 1.645 for the statistical testing of that parity performance measurement. Determination of the Amount of Payment: Tier 1 payments to CLEC, except as provided for in sections 6.3 and 10., are calculated and paid monthly based on the number of performance measurements exceeding the critical z-value. Payments Qwest Idaho SGA T Third Revised , Fifth Amended Exhjbjt K, November 30, 2004 - 4- Exhibit K will be made on either a per occurrence or per measurement basis, depending upon the performance measurement, using the dollar amounts specified in Table 2 below. The dollar amounts vary depending upon whether the performance measurement is designated High , Medium, or Low and escalate depending upon the number of consecutive months for which Qwest has not met the standard for the partjcular measurement. The escalation of payments for consecutjve months of non-conforming service will be matched month for month with de-escalation of payments for every month of conforming service. For example , jf Qwest has four consecutive monthly misses" it will make payments that escalate from month 1 to month 4 as shown in Table 2. If, in the next month , service meets the standard Qwest makes no payment. A payment "indicator" de-escalates down from month 4 to month 3. Qwest misses the following month , it will make payment at the month 3 level of Table 2 because that is where the payment "jndicator" presently sits. If Qwest mjsses again the following month, jt will make payments that escalate back to the month 4 level. The payment level will de-escalate back to the original month 1 level only upon conforming servjce sufficient to move the payment "indicator" back to the month level. For those performance measurements listed . on Attachment 2 Performance Measurements Subject to Per Measurement Caps " payment to a CLEC in a single month shall not exceed the amount listed 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 in Table 2 below under the sectjon 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 followjng month Hjgh $150 $250 $500 $600 $700 $800 Medjum $ 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 Hjgh $25 000 $50 000 $75 000 $100 000 $125 000 $150 000 Medium $10,000 $20 000 $30 000 $ 40 000 $ 50 000 $ 60 000 Low $ 5 000 $10 000 $15 000 $20 000 $ 25 000 $ 30 000 Qwest Idaho SGA T Thjrd Revjsed , Fifth Amended Exhjbjt K, November 30, 2004 - 5- Exhibit K For collocation , CP-2 and CP-4 performance measurements shall be relied upon for delineation of collocation business rules. For purposes of calculating Tier payments, collocatjon jobs and collocation feasjbjlity studies that are later than the due date will have a per day payment applied according to Table 3. The per day payment will be applied to any collocation job in which the feasibility study is provided or the collocation installation is completed later than the scheduled date. The calculatjon of the payment amount will be performed by applying 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 Completion Date Feasibiljty 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 minjmum payment calculation shall be performed at the end of each year for each CLEC with annual order volumes of no more than 1 200. The payment shall be calculated by multiplying $2 000 by the number of months in which at least one payment was due to the CLEC. To the extent that the actual CLEC payment for the year is less than the product of the preceding calculation, Owest shall make an additional payment equal to the difference. Tier 2 Payments to the State Payments to the State shall be limited to the performance measurements designated in section 7.4 for Tier 2 per measurement payments and in Attachment for per occurrence payments and which have at least 10 data points each month for the period payments are being calculated. Similar to the Tier 1 structure, Tier 2 measurements are categorized as High , Medium , and Low and the amount of payments for non-conformance varies according to this categorization. Determination of Non-Conforming Measurements: The determination of non- conformance will be based upon the aggregate of all CLEC data for each Tier 2 performance measurement. Non-conforming service is defined jn section 4.2 (for parity measurements) and 4.3 (for benchmark measurements), except that a 1.645 critical z-value shall be used for Tier 2 parity measurements that have Tier counterparts. The critical z-value is the statistical standard that determines for each performance measurement whether Owest has met parity. Qwest Idaho SGAT Thjrd Revjsed, Fifth Amended Exhibjt K, November 30,2004 - 6- Exhibit K Determination of the Amount of Payment: Except as provided in section 7.4 Tier 2 payments are calculated and paid monthly based on the number performance measurements failing performance standards for a third consecutive month, or if two out of three consecutive months in the 12 month period have been missed , the second consecutive month for Tier 2 measurements with Tier counterparts. For Tier 2 measurements that do not have Tier 1 counterparts payments are calculated and paid monthly based on the number of performance measurements exceeding the critical z-values, identified jn section 5., in any single month. Payment will be made on either a per occurrence or per measurement basis whichever is applicable to the performance measurement, using the dollar amounts specifjed in Table 4 or Table 5 below. Except as provided in section 7.4, the dollar amounts vary depending upon whether the performance measurement is designated High , Medium , or Low. For those Tier 2 measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps," payment to the State in a single month shall not exceed the amount listed in Table 4 for the "Per Measurement" category. TABLE 4: TIER-2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group Hjgh $500 Medium $300 Low $200 Per Measurement/Cap Measurement Grou Hj h Medium Low $75,000 $30 000 $20 000 7.4 Performance Measurements Subject to Per Measurement Payment:The followjng Tier 2 performance measurements shall have their performance results measured on a region-wide (14 state) basis. Failure to meet the performance standard , therefore, will result in a per measurement payment in each of the Qwest in-region 14 states adopting this PAP. The performance measurements are: GA- GA- GA- GA- GA- PO~1: OP- Center Gateway Availability - IMA-GUI Gateway Availability - IMA-EDI Gateway Availability - EB- System Availability EXACT Gateway Availability - GUI-Repair Pre-Order/Order Response Tjmes Call Answered within Twenty Seconds Interconnect Provisioning Qwest Idaho SGA T Thjrd Revjsed, Fifth Amended Exhibjt K , November 30, 2004 - 7- Exhibit K MR-2: Calls Answered within Twenty Seconds - Interconnect Repair Center GA-1 has two sub-measurements: GA-, and GA-1 D. PO-1 shall have two sub- measurements: PO-1A and PO-1B. PO-1A and PO-1B shall have their transactjon types aggregated together. For these measurements , Qwest 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 Pe rforma nce State Payment 14 State Payment GA-1 ,3,4,1 % or lower $1 ,000 $14 000 :::-1% to $10,000 $140 000 :::-3% to $20 000 $280 000 :::-5%$30 000 $420 000 PO-2 sec. Or less 000 $14 000 :::-2 sec.000 $70 000 sec. :::-5 sec.to 10 $10 000 $140 000 sec. :::-10 sec.$15 000 $210 000 OP-2/MR-1 % or lower 000 $14 000 :::-1% to 000 $70 000 :::-3% to $10 000 $140 000 :::-5%$15 000 $210 000 Step by Step Calculation of Monthly Tier 1 Payments to CLEC Application of the Critical Z-Values: Qwest shall identify the Tier 1 parity performance measurements that measure the service provided to CLEC by Qwest for the month in question and the critical z-value from Table 1 in section 5.0 that shall be used for purposes of statistical testing for each particular performance measurement. The statistical testing procedures described in section 4.0 shall be applied. For the purpose of determining the critical z-values, each disaggregated category of a performance measurement is treated as a separate sub-measurement. The critical z-value to be applied is determined by the CLEC volume at each level of disaggregation or sub-measurement. Performance Measurements for which Tier 1 Payment is Per Occurrence: Performance Measurements that are Averages or Means: Owest Idaho SGA T Thjrd Revjsed , Fjfth Amended Exhjbit K, November 30 , 2004 - 8- Exhibit K 8.2.1 Step 1: For each performance measurement, the average or the mean that would yjeld the critical z-value shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The percentage differences between the actual averages and the calculated averages shall be calculated. The calculation is % diff = (GLEG result Calculated Value)/Galculated Value. The percent difference shall be capped at a maximum of 100%. In all calculatjons of percent differences in sections 8.0 and 9. the calculated percent djfferences is capped at 100%. 2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the percentage calculated in the previous step and the per occurrence dollar amounts from the Tier 1 Payment Table shall determine the payment to the GLEG for each non-conforming performance measurement. Performance Measurements that are Percentages: 1 Step 1: For each performance measurement, the percentage that would yjeld the critical z-value shall be calculated. The same denominator as the one used in calculating the z- statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The difference between the actual percentages for the GLEG and the calculated percentages shall be determined. 3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference in percentage calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table , to determine the payment to the GLEG for each non-conforming performance measurement. Performance Measurements that are Ratios or Proportions: 1 Step 1: For each performance measurement the ratio that would yield the critical z-value shall be calculated. The same denominator as the one used calculating the z-statistic 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 GLEG and the calculated rate shall be determined. 3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table, to determine the payment to the GLEG for each non-conforming performance measurement. Qwest Idaho SGAT Third Revised , Fjfth Amended Exhibjt K, November 30 2004 - 9- Exhibit K Performance Measurements for which Tier 1 Payment is Per Measure: For each performance measurement where Owest fails to meet the standard the payment to the GLEG shall be the dollar amount shown on the "per measure portion of Table 2: Tier 1 Payments to GLEG. Step by Step Calculation of Monthly Tier 2 Payments to State Funds Application of the Gritjcal Z-Value: Owest shall identify the Tier 2 parity performance measurements that measure the service provided by Owest to all GLEGs for the month in question. The statistical testing procedures described section 4.0 shall be applied , except that a 1.645 critical z-value shall be used for Tier parity measurements that have Tier 1 counterparts For Tier 2 parity measurements that do not have Tier 1 counterparts, the statistical testing procedures described sectjon 4.0 shall be applied using the critical z-values identified in section1. To determine if Tjer 2 payments for performance measurements listed on Attachment 1 shall be made in the current month , the following shall be determined. For Tier 2 measurements that have Tier 1 counterparts , it shall be determined whether Owest missed the performance standard for three consecutive months, or if Owest has missed the standard in any two out of three consecutive months for the 12 month period and for an additional two consecutive months. For Tier 2 measurements that do not have Tier 1 counterparts, jt shall be determined whether Owest missed the performance standard for a single month. If any of these conditjons are met and there are at least 10 data points for the measurement in each month, a Tier 2 payment will be calculated and paid as described below and will continue in each succeeding month until Owest's performance meets the applicable standard. For Tier 2 measures that have Tier 1 counterparts, the most recent three months of nonconforming performance data that results in payment liability shall be averaged to determine payment. Performance Measurements for which Tier 2 Payment is Per Occurrence: Performance Measurements that are Averages or Means: 1 Step 1: The monthly average or the mean for each performance measurement that would yield the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall 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 Qwest Idaho SGA T Third Revjsed , Fifth Amended Exhjbit K, November 30, 2004 - 10- Exhibit K average. The percent djfference shall be capped at a maximum of 100%. In all calculations of percent differences in section 8.0 and section 9., the calculated percent difference is capped at 100%. 3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multjplied by the percentage calculated jn the previous step. The amount (average amount, if more than one month) (rounded to the nearest integer) is then multipljed by the result of the per occurrence dollar amount taken from the Tier 2 Payment Table to determine 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 yield the critjcal z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements , the benchmark value shall be used. 2 Step 2: The difference between the actual percentages and the calculated percentages for the relevant month(s) shall be calculated. The calculation for parity measurement is diff = (GLEG result - calculated percentage). Thjs formula shall be applicable where a high value is jndicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 3 Step 3: For each performance measurement , the total number of data points for the relevant month(s) shall be multiplied by the difference in percentage calculated jn the previous step. The amount (average amount, if more than one month)(rounded to the nearest integer) is then multipljed by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. 9.4 Performance Measurements that are Ratios or Proportions: 9.4.Step 1: For each performance measurement, the ratio that would yield the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for 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 GLEG and the calculated rate for the relevant month(s) shall be calculated. The calculation js: diff = (GLEG rate calculated rate). This formula shall apply where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 9.4.2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step for each month. Qwest Idaho SGA T Thjrd Revjsed, Fifth Amended Exhjbjt K, November 30, 2004 - 11- Exhibit K The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Performance Measurements for which Tier 2 Payment js Per Measure: For each performance measurement where Qwest fajls to meet the standard the payment to the State Fund shall be the dollar amount shown on the "per measure" portion of the Tier 2 Payment Table. 10.Low Volume, Developing Markets 10.For certain qualifying performance standards , if the aggregate monthly volumes of GLEGs participating in the PAP are more than 10, but less than 100 Qwest will make Tier 1 payments to GLEGs for failure to meet the parity or benchmark standard for the qualifying performance sub-measurements. The qualjfying sub-measurements are the UNE-P (POTS), megabit resale, and ADSL qualified loop product disaggregation of OP-, OP-, OP-, MR-, MR-, MR-, and MR-8. If the aggregate monthly GLEG volume is greater than 100 , the provisions of this sectjon shall not apply to the qualifying performance sub-measurement. 10.The determination of whether Qwest has met the parity or benchmark standards will be made usjng aggregate volumes of GLEGs participating in the PAP. In the event Qwest does not meet the applicable performance standards , a total payment to affected GLEGs will be determined in accordance with the high , medium low designation for each performance measurement (see Attachment 1) and as described in 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 minimum payment of $5 000 shall be made. The resulting total payment amount to GLEGs will be apportioned to the affected GLEGs based upon each GLEG's relative share of the number of total service misses. 10.At the six (6)-month reviews, Qwest will consider adding to the above list 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 following the due date of the performance measurement report for the month for which payment is being made. Qwest will pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment, Qwest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. Owest Idaho SGA T Thjrd Revjsed, Fjfth Amended Exhibjt K, November 30, 2004 - 12- Exhibit K 11.Payment to CLEC shall be made via bill credits. Bill credits shall be identified on a summary format substantially similar to that distributed as a prototype to the CLECs and the Commjssions. 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 will issue a check or wire transfer to CLEC in the amount of the overage. Payment to the State shall be made via check or wire transfer. 11.3 A Special Fund shall be created for the purpose of payment of an independent auditor and audit costs as specified jn section 15.0 and payment of other expenses incurred by the participatjng Commissions in the regional administratjon of the PAP. 11.1 Qwest shall establish the Special Fund as an interest bearing escrow account upon the first FCC sectjon 271 approval of the PAP applicable to a participating state Commjssion. Qwest shall be authorized to wjthhold and deposit into the Special Fund one-half of all Tier 2 payments. The cost of the escrow account will be paid for from account funds. 11.2 Commissions participating in the Special Fund shall appoint a person designated to administer and authorize disbursement of funds. All claims against the fund shall be presented to the Commjssions' designates and shall be the responsibility of the participating Commissions. 11.3 Qwest shall advance funds to meet initial claims against the Special Fund to the extent Tier 2 contributions are insufficient. Such funds shall not exceed $500,000 and shall be reduced appropriately in the event that at least sjx states in which the QPAP is in effect do not agree to participate in the Special Fund. Upon a determination by the participating Commjssions that the Special Fund has become self-sustaining or is no longer required Qwest shall be allowed to recover any such advances plus interest at the rate that the escrow account would have earned. 11.3.4 Upon the execution of a memorandum of understanding with the Idaho Commission Qwest shall establish an Idaho Discretionary Fund as a separate interest bearing escrow account. Qwest shall deposit into the Discretionary Fund the remaining balance of Tier 2 payments after disbursement of Tier 2 payments to the Special Fund pursuant to section 13.1. The Commission shall appoint a person designated to administer and authorize disbursements of funds from the Discretionary Fund. Disbursements from the Discretionary Fund shall be limited to competitively neutral Idaho telecommunications initiatives. The costs of the Discretionary Fund will paid for from the account's funds. 12.Cap on Tier 1 and Tier 2 Payments 12.There shall be a cap on the total payments made by Qwest for a 12 month period beginning with the effective date of the PAP for the State of Idaho. The Owest Idaho SGAT Thjrd Revised , Fjfth Amended Exhjbjt 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 applicable adjustment permitted pursuant to section 12.2. Qwest shall submit to the Commission the calculation of each year s cap no later than 30 days after submission of ARMIS results to the FCC. CLEC agrees that this amount constitutes a maximum annual cap that shall apply to the aggregate total of Tier 1 liquidated damages including any such damages paid pursuant to this Agreement, any other interconnection agreement, or any. other payments made for the same underlying activity or omission under any other contract, order or rule and Tier 2 assessments or payments made by Qwest for the same underlying activjty or omission 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 in the cap of a maximum of 4 percentage points at anyone time (Le., first to 40 percent) shall occur upon order by the Commission if the cap has been exceeded for any consecutive period of 24 months by that same 4 percent more, provided that: (a) the Commission has determined that the preponderance of the evidence shows Qwest could have remained beneath the cap through reasonable and prudent effort, and (b) the Commission has made that determination after having available to it on the record the results of audits and root cause analyses, and provided an opportunjty for Qwest to be heard. 12.2 A decrease in the cap of a maximum of 4 percentage points at anyone time shall occur upon order by the Commission after performance for any consecutive period of 24 months jn which total payments are 8 or more percentage points below the cap amount, provided that: (a) the Commission has determined that the preponderance of the evidence shows the performance results underlying those payments results from an adequate Qwest commitment to meeting its responsibilities to provide adequate wholesale service and to keeping open its local markets and (b) the Commission shall have made that determination after providing all interested parties an opportunity to be heard. 12.3 The provisions of 12.1 and 12.2 shall be in effect for the next 24 month period commencing with the end of the 24 month period upon which the Commission s order is based. 12.If the annual cap js reached , each CLEC shall, as of the end of the year, be entitled to receive the same percentage of its total calculated Tier 1 payments. order to preserve the operation of the annual cap, the percentage equalization shall take place as follows: 12.1 The amount by which any month'total year-to-date Tier 1 and Tier 2 payments exceeds the cumulative monthly cap (defined as 1/12th of the annual cap times the cumulative number of months to date) shall be calculated and apportioned Qwest Idaho SGA T Third Revjsed , Fifth Amended Exhibjt K, November 30, 2004 - 14- Exhibit K between Tier 1 and Tier 2 according to the percentage that each bore of total payments for the year-to-date. The Tier 1 apportionment resulting of this calculation shall be known as the "Tracking Account" 12.2 The Tier 1 apportionment shall be debited against the monthly payment due to each CLEC , by applying to the year-to-date payments received by each the percentage necessary to generate the required total Tier 1 amount 12.3 The Tracking Amount shall be apportioned among all CLECs so as to provide each with payments equal in percentage of its total year to date Tier 1 payment calculations. 12.3.4 This calculation shall take place in the first month that the year-to-date total Tier 1 and Tier 2 payments are expected to exceed the cumulative monthly cap and for each month of that year thereafter. Owest shall recover any debited amounts by reducing payments due to any CLEC for that month and any succeeding months , as necessary . 13.Limitations 13.The PAP shall not become available in the State unless and untjl Owest receives effective section 271 authority from the FCC for that State. 13.Owest will not be liable for Tier 1 payments to CLEC in an FCC approved state until the Commission has approved an interconnection agreement between CLEC and Owest which adopts the provisions of this PAP. 13.Owest shall not be obligated to make Tier 1 or Tjer 2 payments for any measurement if and to the extent that non-conformance for that measurement was the result of any of the following: 1) with respect to performance measurements with a benchmark standard , a Force Majeure event as defined jn sectjon 5.7 of the SGAT. Owest will provide notice of the occurrence of a Force Majeure event within 72 hours of the time Owest learns of the event or within a reasonable time frame that Owest should have learned of it; 2) an act or omission by a CLEC that is contrary to any of its obligations under its interconnection agreement with Owest or under federal state law; an act or omission by CLEC that is in bad faith. Examples of bad faith conduct include , but are not limited to: unreasonably holding service orders and/or applications , " dumping" orders or applications in unreasonably large batches dumping" orders or applications at or near the close of a business day, on a Friday evenjng or prior to a holiday, and failing to provide timely forecasts to Owest for services or facilities when such forecasts are explicitly required by the SGAT; 3) problems associated with third-party systems or equipment, which could not have been avoided by Owest in the exercise of reasonable diligence provided, however that this third party exclusion will not be raised in the State more than three times within a calendar year. If a Force Majeure event or other excusing event recognized Owest Idaho SGA T Thjrd Revised, Fifth Amended Exhjbit K, November 30, 2004 - 15- Exhibit K jn this section merely suspends Owest's ability to tjmely perform an activity subject to a performance measurement that is an interval measure, the applicable time frame jn which Owest's compliance with the parjty or benchmark criterion is measured wjll be extended on an hour-for-hour or day-for-day basis , as appljcable, equal to the duration of the excusing event. 13.1 Owest will not be excused from Tier 1 or Tier 2 payments for any reason excep,t as described in Section 13.0. Owest will have the burden of demonstrating that its non-conformance with the performance measurement was excused on one of the grounds described in this PAP. A party may petition the Commission to require Owest to deposit disputed payments into an escrow account when the requesting party can show cause, such as grounds provided in the Uniform Commercial Code for cases of commercial uncertainty. 13.2 Notwithstandjng any other provisjon of section 13 of this OP AP , Owest shall not be excused for failing to provjde such performance that Owest could reasonably have been expected to deliver assuming that it had designed , implemented , staffed provisioned, and otherwise provided for resources reasonably required to meet foreseeable volumes and patterns of demands upon its resources by CLECs. 13.4 Owest's agreement to implement these enforcement terms , and specifically its agreement to pay any "Ijquidated damages" or "assessments" hereunder, will not be considered as an admjssion against jnterest or an admissjon of liability in any legal, regulatory, or other proceedjng relating in whole or in part to the same performance. 13.4.1 CLEC may not use: 1) the existence of this enforcement plan; or 2) Owest's payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Owest has discriminated in the provjsion of any facilities or services under Sections 251 or 252, or has violated any state or federal law or regulation. Owest's conduct underlying its performance measures however are not made inadmissible by its terms. 13.4.2 By accepting this performance remedy plan CLEC agrees that Owest's performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Owest from introducing evidence of any Tier 1 liquidated damages" under these provisions for the purpose of offsetting the payment against any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Owest has met or continues to meet the requirements of sectjon 271 of the Act. Qwest Idaho SGAT Thjrd Revised , Fjfth Amended Exhjbjt K, November 30 2004 - 16- Exhibit K 13.By incorporating these liquidated damages terms jnto the PAP , Owest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be difficult to ascertain and , therefore, liquidated damages are a reasonable approximatjon of any contractual damages that may result from a non-conformjng performance measurement. Owest and CLEC further agree that Tier 1 payments made pursuant to this PAP are not intended to be a penalty. The application of the assessments and damages provided for herein is not intended to foreclose other noncontractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.This PAP contains a comprehensive set of performance measurements statistical methodologies , and payment mechanisms that are designed to function together, and only together, as an jntegrated whole. To elect the PAP , CLEC must adopt the PAP in its entjrety, in its interconnection agreement with Owest. By electing remedies under the PAP , CLEC waives any causes of action based on a contractual theory of liability, and any right of recovery under any other theory of liability (jncluding but not limited to a state utility regulatory commission or Federal Communications Commission rule or order) to the extent such recovery is related to harm compensable under a contractual theory of liability (even though it is sought through a noncontractual clajm , theory, or cause of action). 13. If for any reason a CLEC agreeing to thjs OPAP is awarded compensatjon for the same harm for which it received payment under the OPAP , the court or other adjudicatory body hearing such a claim may offset the damages resulting from such claim against payments made for the same harm. 13.Owest shall not be liable for both Tier 2 payments under the PAP and assessments , sanctions, or other payments for the same underlying activity or omission pursuant to any Commission order or service qualjty rules. 13.Whenever a Owest Tier 1 payment to an individual CLEC exceeds $3 million in a month , Owest may commence a proceeding to demonstrate why it should not be required to pay any amount in excess of the $3 million. Upon timely commencement of the proceeding, Owest must pay the balance of payments owed in excess of $3 million into escrow, to be held by a third-party pending the outcome of the proceeding. To invoke these escrow provisions, Owest must file, not later than the due date of the Tier 1 payments, its application. Owest will have the burden of proof to demonstrate why, under the circumstances, it would be unjust to require it to make the payments in excess of $3 million. If Owest reports non-conforming performance to CLEC for three consecutive months on 20% or more of the measurements reported to CLEC and has incurred no more than $1 million in liabjlity to CLEC , then Qwest Idaho SGA T Thjrd Revjsed, Fjfth Amended Exhjbit K, November 30 , 2004 - 17- Exhibit K CLEC may commence a similar proceeding. In any such proceeding CLEC will have the burden of proof to demonstrate why, under the circumstances , justice requires Qwest to make payments jn excess of the amount calculated pursuant to the terms of the PAP. The disputes identified in this section shall be resolved in a manner specified jn the Dispute Resolution section of the SGAT with the CLEC. 14.Reporting 14.Upon receiving effective section 271 authority from the FCC for a state, Qwest will provide CLEC that has an approved interconnection agreement with Qwest, a monthly report of Qwest's performance for the measurements jdentified in the PAP by the last day of the month following the month for which performance results are being reported. However Qwest shall have a grace period of five business days , so that Qwest shall not be deemed out of compliance with its reporting obligations before the expiration of the five busjness day grace perjod. Qwest will collect, analyze , and report performance data for the measurements listed on Attachment 1 in accordance with the most recent version of the PIDs. Upon CLEC's request, data files of the CLEC's raw data, or any subset thereof, will be transmitted , without charge, to CLEC jn a mutually acceptable format, protocol, and transmission medjum. 14.Qwest will also provide the Commission a monthly report of aggregate CLEC performance results pursuant to the PAP by the last day of the month followjng the month for whjch performance results are being reported. However, Qwest shall have a grace period of five business days , so that Qwest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Individual CLEC reports of participating CLECs will also be available to the Commission upon request. By accepting this PAP, CLEC consents to Qwest providing CLEC's report and raw data to the State Commission. Pursuant to the terms of an order of the Commission, Qwest may provide GLEe-specific data that relates to the PAP , provided that Qwest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Qwest provides such notice as the Commission directs to the CLEC involved , in order to allow it to prosecute such procedures to their completion. Data files of participating CLEC raw data , or any subset thereof, will be transmitted , without charge , to the Commission in a mutually acceptable format, protocol , and transmission form. 14.In the event Qwest does not provide CLEC and the Commjssion with a monthly report by the last day of the month following the month for which performance results are being reported , Qwest will pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1 000 for each business day for which performance reports are 11 to 15 Qwest Idaho SGA T Third Revised, Fjfth Amended Exhibjt K, November 30, 2004 - 18- Exhibit K business days past the due date; and $2 000 for each business day for which performance results are more than 15 business days past the due date. If reports are on time but are missing performance results, Qwest will pay to the State a total of one-fifth of the late report amount for each missing performance measurement subject to a cap of the full late report amount. These amounts represent the total payments for omittjng performance measurements or missing any report deadlines rather than a payment per report. Prior to the date of a payment for late reports, Qwest may file a request for a waiver of the payment, which states the reasons for the waiver. The Commission may grant the waiver, deny the waiver, or provide any other relief that may be appropriate. 14.4 To the extent that Qwest recalculates payments made under this PAP, such recalculation shall be limited to the preceding three years (measured from the later of the provision of a monthly credit statement or payment due date). Qwest shall retain sufficient records to demonstrate fully the basis for its calculations for long enough to meet this potential recalculation obligation. CLEC verification or recalculation efforts should be made reasonably contemporaneously with Qwest measurements. In any event, Qwest shall maintain the records in 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 interest rate provisions of section 11. 15.Integrated Audit Program/Investigations of Performance Results 15.Audits of the PAP shall be conducted in a two-year cycle under the auspices of the participating Commissions in accordance with a detailed audit plan developed by an independent auditor retajned for a two-year period. The participating Commissjons shall select the independent auditor with input from Qwest and CLECs. 15.1 The participating Commissions shall form an oversight committee of Commissioners who will choose the independent auditor and approve the audit plan. Any disputes as to the choice of auditor or the scope of the audit shall be resolved through a vote of the chairs of the participating commissions pursuant to Section 15.1 .4. 15.2 The audit plan shall be conducted over two years. The audit plan will identify the specific performance measurements to be audited , the specific tests to be conducted, and the entity to conduct them. The audit plan wjll give priority to auditing the higher risk areas identjfied in the ass report. The two-year cycle will examine risks likely to exist across that period and the past history of testing, in order to determine what combination of high and more moderate areas of risk should be examined during the two-year cycle: The first year of a two-year cycle will concentrate on areas most likely to require follow-up in the second year. Qwest Idaho SGA T Third Revjsed , Fifth Amended Exhibit K, November 30 , 2004 - 19~ Exhibit K 15.3 The audit plan shall be coordinated with other audit plans that may be conducted by other state commissions so as to avoid duplication , shall not impede Owest's ability to comply wjth the other provisions of the PAP and should be of a nature and scope that can be conducted in accordance with the reasonable course of Owest's business operations. 15.1.4 Any dispute arising out of the audit plan , the conduct of the audit, or audit results shall be resolved by the oversight committee of Commissioners. Decisions of the oversight committee of Commissioners may be appealed to a committee of the chairs of the participating Commissions. 15.Owest may make management processes more accurate or more efficient to perform without sacrificing accuracy. These changes are at Owest's djscretion but will be reported to the independent auditor in quarterly meetings in which the auditor may ask questjons about changes made in the Qwest measurement regimen. The meetings , which will be limited to Qwest and the independent auditor, will permit an independent assessment of the materiality and propriety of any Owest changes, including, where necessary, testing of the change details by the independent auditor. The information gathered by the independent audjtor may be the basis for reports bythe independent auditor to the partjcipating Commissions and , where the Commissions deem it appropriate, to other participants. 15.In the event of a disagreement between Owest and CLEC as to any issue regarding the accuracy or integrity of data collected , generated , and reported pursuant to the PAP, Owest and the CLEC shall first consult with one another and attempt in good faith to resolve the issue. If an issue is not resolved within 45 days after a request for consultation , CLEC and Owest may, upon a demonstration of good cause , (e., evidence of materjal errors or discrepancies) request an jndependent audit to be conducted , at the initiating party s expense. The independent auditor will assess the need for an audit based upon whether there exists a materjal deficiency in the data or whether there exists an issue not otherwise addressed by the audit plan for the current cycle. The dispute resolution provision of section 18.0 is available to any party questioning the independent auditor s decision to conduct or not conduct a CLEC requested audit and the audit findings, should such an audit be conducted. An audit may not proceed until dispute resolution is completed. Audit findings will include: (a) general applicability of findings and conclusions (Le., relevance to CLECs or jurisdictions other than the ones causing test initiation), (b) magnitude of any payment adjustments required and , (c) whether cost responsibility should be shifted based upon the materiality and clarity of any Owest non-conformance with measurement requirements (no pre-determined variance is appropriate, but should be based on the auditor s professional judgment). CLEC may not request an audit of data more than three years from the later of the provision of a monthly credit statement or payment due date. Qwest Idaho SGAT Thjrd Revised, Fifth Amended Exhibit 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 section 15., shall be paid first from the Tier 2 funds in the Special Fund. For Idaho, the remainder of the audit expenses will be pajd by Qwest. 15.Qwest will jnvestigate any second consecutive Tier 2 miss to determine the cause of the miss and to identify the action needed in order to meet the standard set forth in the performance measurements. To the extent an investigation determjnes that a CLEC was responsible in whole or in part for the Tier 2 misses, Qwest shall receive credjt against future Tier 2 payments jn an amount equal to the Tier 2 payments that should not have been made. The relevant portion of subsequent Tier 2 payments wjll not be owed until any responsible CLEC problems are corrected. For the purposes of this sub-section, Tier 1 performance measurements that have not been designated as Tier 2 will be aggregated and the aggregate results will be investigated pursuant to the terms of this Agreement. 16.Reviews 16. 1 Every six (6) months, beginning six months after the effective date of section 271 approval by the FCC for the state of Idaho, Qwest, CLECs , or the Idaho Public Utilities Commission may initiate a review of the performance measurements to determine whether measurements should be added , deleted , or modified; whether the applicable benchmark, standards should be modjfjed or replaced by parity standards; and whether to move a classification of a measurement to High , Medium or Low, Tier 1 or Tjer 2. The crjterion for reclassificatjon of a measurement shall be whether the actual volume of data points was less or greater than anticipated. Criteria for review of performance measurements, other than for possible reclassificatjon, shall be whether there exists an omission or fajlure to capture intended performance, and whether there is duplication of another measurement. Any disputes regarding adding, deleting, or modifying performance measurements shall be resolved pursuant to a proceeding before the Commission and subject to judicial review. No new performance measurements shall be added to this PAP that have not been subject to observation as diagnostic measurements for a period of 6 months. Any changes made at the six-month review pursuant to this sectjon shall apply to and modify this agreement between Qwest and CLEC, subject to a stay, modification or reversal upon appeal or judicial review. 16.Notwithstanding section 16., if any agreements on adding, modifying or deleting performance measurements as permitted by section 16.1 are reached between Qwest and CLECs participating in an industry Regional Oversight Committee (ROC) PID administration forum, those agreements shall be incorporated into the QPAP and modify the agreement between CLEC and Qwest at any time those agreements are submitted to the Commission , whether before or after a six- month review. Owest Idaho SGA T Thjrd Revised , Fifth Amended Exhibit K, November 30, 2004 - 21- Exhibit K 16.For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1 are in effect, Owest's liability for such changes shall be limited to 10% of the monthly payments that Owest would have made absent the effect of such changes as a whole. This provision shall be referred as "the 10% payment collar. Such payment limitation shall be accomplished by factorjng the payments resulting from the changes to ensure that such payments remain within 10% of the payments Owest would have made absent such changes. 16.In the event that the Commission adds , modifies , or reclassifies a performance measurement that has not been agreed upon in the ROC PID administration forum process in 16., the 10% payment collar shall remain in effect unless removed by the Commission pursuant to this section. If, after a mjnimum of 6 months of payments to a CLEC, Owest's payments have been limited by the 10% payment collar to 80% or less of what the total payments would have been absent the collar for the preceding 6-month period , the Commissjon may, upon motion by an affected CLEC , conduct a record proceeding to determine whether the 10% payment collar should be removed from any such performance measure. The Commission can prospectively remove the 10% collar for Tier 1 payments to affected CLEC(s) for any such performance measure upon a demonstration through a record proceeding and a Commission determination that the total payments to the CLEC(s) under the OPAP were inadequate to compensate CLEC(s) for actual harm incurred during the same period and upon a determination that such change isotherwjse necessary and appropriate and in the public jnterest. 16.Two years after the effective date of the first FCC 271 approval of the PAP the participating Commissions may conduct a joint review by a independent third party to examine the continuing effectiveness of the PAP as a means of inducing compliant performance. This review shall not be used to open the PAP generally to amendment , but would serve to assist Commissions in determjning existjng conditions and reportjng to the FCC on the continuing adequacy of the PAP to serve its intended functions. The expense of the reviews shall be pajd from the Special Fund. 16.Owest will make the PAP available for CLEC interconnection agreements until such time as Owest eliminates its Section 272 affiliate. At that time, the Commission and Owest shall review the appropriateness of the PAP and whether its continuation is necessary. However, in the event Owest exits the interLATA market that State PAP shall be rescinded immediately. 17.Voluntary Performance Assurance Plan This PAP represents Owest's voluntary offer to provide performance assurance. Nothing in the PAP or in any conclusion of non-conformance of Owest's service performance with the standards defined in the PAP shall be construed to be , of itself non-conformance with the Act. Owest Idaho SGAT Third Revised, Fjfth Amended Exhjbjt K, November 30 2004 - 22- Exhibit K 18.Dispute Resolution For the purpose of resolving djsputes over the meaning of the provisions of the PAP and how they should be applied , the djspute resolution provisions of the SGAT section 5., shall apply whether the GLEG uses the SGA T in jts entirety or elects to make the PAP part of its interconnection agreements (i.e., the unique dispute resolution provisions of interconnection agreements should not apply). Qwest Idaho SGA T Thjrd Revised , Fifth 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 Tier 1 Payments Tier 2 Payments Low Med Low Med High Hiqh GA TEWA Y Timely Outage Resolution GA- PRE-ORDER/ORDERS LSR Rejection Notice Interval PO- Firm Order Confirmatjons On Time PO- Work Completion Notjficatjon Timeliness PO- Billjng Completjon Notifjcation Timeliness PO- 70 Jeopardy Notice Interval PO- Tjmely Jeopardy Notjces PO- Release Notjfjcations PO- (Expanded)Manual Service Order PO-20c Accuracy ORDERING AND PROVISIONING Installation Commitments Met OP- Installatjon Intervals OP-4d New Service Qualjty OP- Delayed Days OP- Number Portabjljtv Tjmeljness OP- Coordjnated Cuts On Time -Unbundled OP-13a Loops LNP Djsconnect Timeliness OP- MAINTENANCE AND REPAIR Out of Servjce Cleared wjthjn 24 hours MR- All Troubles Cleared within 4 hours MR- Mean time to Restore MR- Repair Repeat Report Rate MR- Trouble Rate MR- LNP Trouble Reports Cleared withjn 24 MR- Hours LNP Trouble Reports-Mean Tjme MR- Restore BILLING Time to Provide Recorded Usage Records BI- Bjlling Accuracy-Adjustments for Errors BI- Billjng Completeness BI- NETWORK PERFORMANCE Trunk Blockjng NI- NXX Code Activation NP- Qwest Idaho SGA T Third Revised , Fjfth Amended Exhibit 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 being paid. c. Low Volume Exception: In lieu of Section 2.4 for PO-, where CLEC order volumes for a given month are less than 17 in Phase 1 , less than 13 in Phase 2, and less than 10 in Phase 3 and subsequent phases a benchmark standard of "no more than one order with PO-20 errors" is applied. Under this provision, no payment applies if there is only one order with errors. Stabilization Period: For each phase beginning with Phase 1 , there will be no more than a 3-month measurement stabilization period for all fields introduced in that phase. Performance results that include all such fields are not subject to payments during the measurement stabilization period. d. OP-4 is included with OP-6 as five "families:" OP-4a/OP-, OP-4b/OP-, OP-4c/OP-, OP-4d/OP- , and OP-4e/OP-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. e. Low volume treatment for OP-5b will apply if both (1) the CLEC volume of orders is less than or equal to 29 (the denominator of OP-5t) and (2) the number of orders with trouble in OP-5a is no more than one. When these two conditions are met, a standard of no more than one order with new service trouble applies. f. For purposes of the PAP, OP-6a and OP-6b will be combined and treated as one. The combined OP- breaks down to OP-1 (within MSA), OP-2 (outside MSA), OP-3 (no dispatch), OP-4 (zone 1), and OP-5 (zone 2). g. Applicable only to xDSL-capable loops. Qwest Idaho SGA T Thjrd Revised , Fjfth Amended Exhibit K, November 30, 2004 - 25- Exhibit K Billing Attachment 2: Performance Measurements Subject to Per Measurement Caps Tjme to Provide Recorded Usage Records - BI-1 (Tier 1/Tjer 2) Billjng Accuracy - Adjustments for Errors - BI-(Tier 1) Bjlling Completeness - BI-(Tjer 1/Tier 2) Qwest Idaho SGAT Third Revised , Fjfth Amended Exhjbit K, November 30,2004 - 26- EXHIBIT L ADVICE ADOPTION LETTER Manager Interconnection awest 1801 California, Room 2410 Denver, CO 80202 Re: Owest Corporation ("Owest") New Product: Dear Sir or Madam: By its signature below , (" CLEC") hereby agrees to be bound by the rates, terms and conditions that Owest has offered and provided on its Web Site for the New Owest Product identified above as an amendment to its Interconnection Agreement with Owest for the state(s) of CLEC certifies that the rates , terms, and conditions contained on Attachment A (attached hereto) are the rates , terms and conditions contained on Owest's web sjte that have been provided for the New Product jdentjfied above. CLEC By: Title: Date: Qwest CO, lA, ID, MN, MT, ND , NE, NM , OR, SD , UT, WA, WY, October 4, 2004 Page 1 EXHIBIT M INTERIM ADVICE ADOPTION LETTER Manager Interconnection Qwest 1801 California , Room 2410 Denver, CO 80202 Re: Qwest Corporation ("Qwest") New Product: Dear Sir or Madam: By its signature below , (" CLEC") hereby agrees to be bound by the rates, terms and conditions that Qwest has offered and provided on its Web Site for the New Qwest Product identified above as an interim amendment to its Interconnection Agreement with Qwest for the state(s) CLEC certifies that the rates, terms , and conditions contained on Attachment A (attached hereto) are the rates , terms and conditions contained on Qwest's web site that have been provided for the New Product identified above. Qwest acknowledges that CLEC believes that the rates , terms and conditions for the Qwest New Product should be altered and that CLEC enters into this Interim Advice Adoption Letter with the express intentjon to renegotjate the rates, terms and conditions associated with the Qwest New Product pursuant to the terms of Section 1.2 of the SGA T. CLEC enters into this Interim Advice Adoption Letter without prejudice to or waiver of any of its rights to challenge the terms and conditions of this Interim Advice Adoption Letter under the Interconnection Agreement, the Act, FCC or state Commission rules. CLEC By: Title: Date: Qwest All States October 4 , 2004 Page 1