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Home My WebLink About20061113Application Part I.pdfOwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 RECEIVED 200& NOV I 3 PM 3: '8 Maura E. Peterson Paralegal Regulatory Law IDAHO PUGLI~ UTILITIES COMivl\"SION Qwest~ Spirit of Service Via Overnight delivery November 9, 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. CS;CU~ -1-~ ;;;...."-1 Application for Approval of Interconnection Agreement and Amendment Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services and Amendment for CLEC Consolidation. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance inthis matter. incerel ~; ( .\ --.), , .( I'-- \W~l- , " , aura E:\Peterson ,- -- mep Enclosure cc: Service list ORIGINAL Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com RECEIVED 200& NOY I 3 PM 3: '8 mAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.c. ~252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.Qw~ -ob-~'f APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT AND AMENDMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement and CLEC Consolidation Amendment ("Agreement ). The Agreement with MCImetro Access Transmission Services LLC ("MCImetro ) is submitted herewith. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits that this Agreement provides no basis for either of these findings, and, therefore requests that the Commission approve this Agreement expeditiously. This Agreement is consistent with the public interest as identified in the pro-competitive policies ofthe State ofIdaho, the Commission, the United States Congress, and the Federal APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - MClmetro Access Transmission Services, LLC Interconnection Agreement and CLEC Consolidation Amendment Page 1 Communications Commission. Expeditious approval of this Agreement will enable MCImetro to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Agreement without a hearing. Because this Agreement was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this day of Novembe r?, 006. west C ration '" . , ~ I '" iP'es-a.(yt (~. \j V / "-..: '\ \/ C~ l -br~. Adam~. She r Attorney for Qwest APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - MClmetro Access Transmission Services, LLC Interconnection Agreement and CLEC Consolidation Amendment Page 2 CERTIFICATE OF SERVICE I hereby certify that on this day of November, 2006, I served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 i i ewell~puc. state. id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email MCImetro Attn: Peter Reynolds Verizon Business 22001 Loudoun County Parkway Ashburn, VA 20147 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ Hand Delivery U. S. Mail Overnight Delivery Facsimile ~~jt~~r ' I \ \ Thomas F. Dixon Assistant General Counsel NW Region C/o Verizon Business 707-17th St. #4200 Denver, CO 80202 APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - MClmetro Access Transmission Services, LLC Interconnection Agreement and CLEC Consolidation Amendment Page 3 AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES, AND RESALE OF TELECOMMUNICATION SERVICES BETWEEN aWEST CORPORATION AND MCIMETRO ACCESS TRANSMISSION SERVICES LLC IN THE STATE OF IDAHO September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS ............... ...................... ...................... ................ ............. ...... SECTION 2.0 - INTERPRETATION AND CONSTRUCTION ....................................................... SECTION 3.0 - CLEC INFORMATION ......................................................................................... 7 SECTION 4.0 - DEFINITIONS ............................. ;........................................................................ SECTION 5.0 - TERMS AND CONDITIONS .............................................................................. 5.4 GENERAL PROVISIONS... ............ ..................... ........ .......... ....... ..... ............ ............. ........ TERM OF AGREEMENT .................................................................................................... 30 PROOF OF AUTHORIZATION ............................................................................................ PAYMENT... ........... ............. .......................................................... ............... ................... TAXES ........................................................................................................................... INSURANCE.......... .............. ................................................................................ ............ 33 FORCE MAJEURE. ..... ................... ........ ................ ............. ............................................. 34 LIMITATION OF LIABILITY ........... .................................... ................................ .................. INDEMNITY........ ........................... ....................... ........... ................................................ INTEllECTUAL PROPERTY .............................................................................................. WARRANTIES....... ............ ............ ........................ ...................... .................................... ASSIGNMENT.............. ............ ....................................................................................... 39 DEFAULT........................ ................................................................................... ............ DISCLAIMER OF AGENCY..................... ...... .......... ................................. ...... .................... SEVERABILITY...... ............................................................... ....... .................................... 40 NONDISCLOSURE.... ..................................................... ............................... ................... 40 SURVIVAL................. ....... ...... ........ ............................................ .................................... 43 DISPUTE RESOLUTION.... ........... ........................... ................... ............. .......................... CONTROLLING LAw.................................................................... ......................... ........... 45 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .................................................45 NOTICES........... ............... .............. .................................. ...................... ........................ 46 RESPONSIBILITY OF EACH PARTY......... ............. ....... ....... .......... ........................ ............ .4 7 No THIRD PARTY BENEFICIARIES ........................................ ........ ..... ...... ............ ............ RESERVED FOR FUTURE USE. ......................................... ............................................... PUBLICITY............ ........... ............. .................................... ........................... ................... EXECUTED IN COUNTERPARTS................................................................... .................... COMPLIANCE ................................................................................................................. COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw ENFORCEMENT ACT OF 1994 ...... ........ ..... .......................................................... ....... .................................... COOPERATION ......... ...... ............................................... ................................................. 48 AMENDMENTS ..... ............. ............... """"""""""""" ...... ..................... .......................... ENTIRE AGREEMENT ...... ............................. .................................. ................................. 48 RESERVED FOR FUTURE USE. .......... ................... ....... ................. .......... ......................... SECTION 6.0 - RESALE ........ ................................... ............................ .................................. ... 6.4 DESCRIPTION.......... ....... ............ ....... .................... ................ ............ ................ ............. 49 TERMS AND CONDITIONS................. ............... ............ ...... ........ ...................................... RATES AND CHARGES.. .............. """"" ........ ........... ....................................................... 53 ORDERING PROCESS .......... ............ ............... ............ ....... ................. ....... ..................... 55 BilLING.......................................................................................................................... MAINTENANCE AND REPAIR.... ................... ..... ........... ..................................................... September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - i - SECTION 7.0 - INTERCONNECTION............... .... ....... ................. ........ ..................................... 57 INTERCONNECTION FACILITY OPTIONS........ ............ ....... .......... ....... ..... .......... .... ............. EXCHANGE OF TRAFFIC.............................. .............................. ........................... ........... RECIPROCAL COMPENSATION.................... .................................... ................................. 4 ORDERING..................................................................................................................... JOINTLY PROVIDED SWITCHED ACCESS SERVICES.......................................................... 75 TRANSIT RECORDS ........................................................................................................ LOCAL INTERCONNECTION DATA EXCHANGE FOR BilLING ............................................... 76 SECTION 8.0 - COLLOCATION ............................ ............ .......... ................. .......... ......... ........... DESCRIPTION.................................................................................. ............................... TERMS AND CONDITIONS................................................................................................ RATE ELEMENTS................................................... ............................................. ............ 95 4 ORDERING...................................................................................................................101 BilLING.................................................... .......................... ............... ........................... 116 MAINTENANCE AND REPAIR ..........................................................................................117 SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS........................................................... 119 GENERAL TERMS .............................. ........ ................................. .......... ........................ 119 UNBUNDLED Loops .....................................................................................................123 SUBlOOP UNBUNDLING................................................................................................ 1399.4 INTENTIONAllY LEFT BLANK.........................................................................................150 NETWORK INTERFACE DEVICE (NID) ............................................................................150 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)...........................................154 UNBUNDLED DARK FIBER .............................................................................................161 INTENTIONAllY LEFT BLANK................. ........ ......... ............. ....................... ................... 169 INTENTIONAllY LEFT BLANK.................... ....... ................... ............ ........................ ....... 16910 INTENTIONAllY LEFT BLANK................. ...................................................... .................. 16911 INTENTIONAllY LEFT BLANK...................... ........................ ............ .......... ..................... 16912 INTENTIONAllY LEFT BLANK.........................................................................................16913 INTENTIONAllY LEFT BLANK.........................................................................................16914 INTENTIONAllY LEFT BLANK.................... .................................... ................................. 16915 INTENTIONAllY LEFT BLANK........................ ................................................................. 16916 INTENTIONAllY LEFT BLANK..................... ............................. ....................................... 16917 INTENTIONAllY LEFT BLANK................. ........ ......... ................. ............... ....................... 16918 ADDITIONAL UNBUNDLED ELEMENTS.. ................................... ......... ..... ....... .................. 16919 CONSTRUCTION CHARGES ...........................................................................................16920 INTENTIONAllY LEFT BLANK.........................................................................................16921 LINE SPLITTING ........................................... ......... .................... .................................... 16922 RESERVED FOR FUTURE USE. ......................................................................................17323 UNBUNDLED NETWORK ELEMENTS COMBINATIONS (UNE COMBINATIONS) .................... 173 24 Loop SPLITTING ..........................................................................................................186 SECTION 10.0 - ANCILLARY SERVICES.... ........... ....... ............... ..... .............. ...... ......... ......... 191 10.INTENTIONAllY LEFT BLANK........ ........... ...................... ........ ............................. ........... 191 10.2 LOCAL NUMBER PORTABILITY .............,....... ................ ........... ............. ............ ..".... ...... 191 10.911/E911 SERVICE...................................................................................................... 198 10.4 WHITE PAGES DIRECTORY LISTINGS........... ...... .................. .............. ..................."....... 202 1 0.DIRECTORY ASSISTANCE.......................... ........................................ ............................ 206 10.DIRECTORY ASSISTANCE LIST ......... .................... .................. ............................ ........... 209 September 13, 2006/ccd1lD OwestlMCI Negotiated Agreement CDS -060830-0001 - ii - 10.TOll AND ASSISTANCE OPERATOR SERVICES............................................................... 212 10.ACCESS TO POLES, DUCTS , CONDUITS, AND RIGHTS OF WAY....................................... 216 SECTION 11.0 - NETWORK SECURITY .................................................................................229 SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)........................234 12.DESCRIPTION.. ...................... ............................... ...................... ....... ........................... 234 12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ............................ 234 12.MAINTENANCE AND REPAIR ..........................................................................................246 SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................. ........... 257 SECTION 14.0 - LOCAL DIALING PARITY....... ......... ........ ................. ..................................... 258 SECTION 15.0 - QWEST DEX ...... ......................... .......... .......... ........ ..................... ....... .......... 259 SECTION 16.0 - REFERRAL ANNOUNCEMENT ....................................................................260 SECTION 17.0 - BONA FIDE REQUEST PROCESS ..............................................................261 SECTION 18.0 - AUDIT PROCESS .........................................................................................264 SECTION 19.0 - CONSTRUCTION CHARGES .......................................................................267 SECTION 20.0 - SERVICE PERFORMANCE ..........................................................................268 SECTION 21.0 - NETWORK STANDARDS ............ ....... .......................................................... 269 SECTION 22.0 - SIGNATURE PAGE.......................................................................................273 September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - iii - EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXH IBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N TABLE OF CONTENTS FOR EXHIBITS Rates Service Performance Indicators Service Interval Tables Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General Information Document Vertical Switch Features for UNE Switching Special Request Process Change Management Process (CMP) Reserved for Future Use Individual Case Basis (lCB) Intentionally Left Blank Performance Assurance Plan Advice Adoption Letter Interim Advice Adoption Letter List of Former MCI Competitive Local Exchange Carrier Entities September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - iv- Section 1 General Terms Section 1.0 - GENERAL TERMS This Agreement for Interconnection, Unbundled Network Elements, ancillary services , and resale of Telecommunications Services is between and Qwest Corporation Qwest") , a Colorado Corporation with offices at 1801 California Street, Denver, Colorado 80202, and MClmetro Access Transmission Services LLC ("Surviving Entity" or "CLEC" or MC!") for itself and as successor-in-interest to the CLEC business operations of its current and former affiliates (each, a "Merged Entity," collectively, the "Merged Entities" as listed in Exhibit N), pursuant to Section 252(a)(1) of the Telecommunications Act of 1996, effective as of the date of Commission approval ("Effective Date ). Qwest and MCI are each a Party and may be referred to as the Parties. This Agreement (sometimes also referred to herein as the "Successor Agreement") sets forth the terms, conditions and pricing under which Qwest will provide to CLEC network Interconnection, access to Unbundled Network Elements, ancillary services, and Telecommunications Services available for resale within the geographical areas in which Qwest is providing local Exchange Service at that time, and for which Qwest is the incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local Telecommunications Services. This Agreement replaces the following previous interconnection agreements (each, a "Prior Agreement") entered into between Qwest and MCI or one of the Merged Entities. Each and all of the Prior Agreements listed below shall be deemed to be terminated by mutual consent of the Parties as of the Effective Date of this Agreement. Statement Of Generally Available Terms and Conditions For Interconnection Unbundled Network Elements Ancillary Services, And Resale Of Telecommunication Services Provided By Qwest Corporation In The State Of Idaho, Third Revision , MCIMetro Access Transmission Services LLC, originally executed on October 24, 2002.1.4 Notwithstanding Section 1.3 above, the following amendments to the Prior Agreement, each of which have been previously filed with and approved by the Commission, shall be incorporated into this Successor Agreement and remain in full force and effect pursuant to those terms and conditions. . Expedites for Design Services Amendment, originally executed on February 3, 2005, as part of the Prior Agreement; . Commercial Line-Sharing Amendment, originally executed on February 3 , 2005 as part of the Prior Agreement; . Collocation Available Inventory Amendment, originally executed on July 30, 2003, as part of the Prior Agreement; . Interim Amendment For Certain Disputed Traffic, originally executed on November 16 , 2004, as part of the Prior Agreement; . Amendment to Interconnection Agreement for Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts, originally executed on July 16, 2004 , as part of the Prior Agreement. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 1 - Section 1 General Terms For administrative ease, the Parties have not undertaken a complete rationalization of the remaining language in the body of this Agreement and in each of the Amendments. The Parties acknowledge and agree that certain inconsistencies or conflicts may exist between language in the Agreement, including without limitation the Exhibits to the Agreement, on the one hand, and language in the Amendments, on the other. In all cases, it is the Parties' intention that in the event of a conflict, inconsistency, ambiguity or other difference between the language in the body of the Agreement, including without limitation the Exhibits, and the Amendments, that the terms and provisions of the Amendments shall be deemed to amend, modify, and replace for the term of the Agreement (including without limitation any evergreen or renewal term) any conflicting, similar, inconsistent, contradictory or otherwise different term or provision in the body of the Agreement, including without limitation , the Exhibits. Reservation of Rights. As of the date of signature of this Successor Agreement, awest and MCI have disputes or are engaged in dispute resolution (either through business-to-business negotiations and escalations or through formal dispute-resolution proceedings) with respect to the following issues: . Under the Prior Agreements, MCI and Owest have an outstanding business dispute regarding the amount of money, if any, owed to MCt by awest for reciprocal compensation, including without limitation for calls to ISPs, from and after April 1 , 2004, through the Effective Date of the Successor Agreement (" Dispute ). As of the date of signature of the Successor Agreement, Owest and CLEC are engaged in formal dispute resolution of the RC Dispute. Those dispute resolution proceedings contemplate a potential award in arbitration adjudicating the amount of money, if any, owed to MCI by awest for reciprocal compensation including without limitation for calls to ISPs from and after April 1, 2004, through the Effective Date of the Successor Agreement. Nothing in this Successor Agreement is intended to resolve, settle, release, or otherwise affect in any way those dispute resolution proceedings or the RC Dispute for the period from April 1 , 2004, through the Effective Date of the Successor Agreement. . MCI and Owest disagree regarding the compensation arrangements that should govern the exchange of ISP-bound traffic (including without limitation ISP-bound traffic originated on Owest's network from a Local Calling Area ("LCA") to an NPA- NXX obtained by MCI and filed in the Local Exchange Routing Guide ("LERG") as being associated to a rate center within the LCA but terminating to an end user not located in that same LCA (which awest refers to as "VNXX Traffic )) from and after the Effective Date of the Successor Agreement. This dispute shall be referred to herein as the "ISP Traffic Compensation Dispute," With respect to the ISP Traffic Compensation Dispute, the language in this Agreement does not necessarily reflect a meeting of the minds of the Parties with respect to the proper outcome of that dispute. The Parties agree that this dispute shall be decided in accordance with applicable law. . MCI and awest disagree concerning MCl's ability to establish and use a single Point of Interconnection ("POI") in a given LATA for the purpose of MCI receiving certain traffic originated on Owest's network, and the financial arrangements between the Parties for such POls, facilities, and traffic ("Disputed Traffic September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 2- Section 1 General Terms Disputed Traffic includes without limitation traffic originated on Qwest's network from a Local Calling Area ("LCA") to an NPA-NXX obtained by MCI and filed in the Local Exchange Routing Guide ("LERG") as being associated to a rate center within the LCA but terminating to an end user not located in that same LCA (which Qwest refers to as "VNXX Traffic ). MCI and Qwest have entered into an INTERIM AMENDMENT FOR CERTAIN DISPUTED TRAFFIC that reflects the interim arrangement with respect to this dispute. This dispute shall be referred to herein as the "SPOP Dispute. Upon completion of dispute resolution proceedings (if any), or settlement, as applicable, for the ISP Traffic Compensation Dispute or the SPOP Dispute, again as applicable MCI and Qwest shall promptly amend the Agreement to incorporate such terms and conditions to the extent such terms and conditions are intended to be prospective and are necessary to fully and completely implement the letter and spirit of the outcome of such dispute resolution, or settlement, with respect to such dispute. Nothing in the Agreement shall be deemed a waiver of Qwest's position that the Qwest Master Services Agreement for Qwest Platform Plus service, entered into between the Parties on July 16, 2004 , and the Terms and Conditions for Commercial Line Sharing Arrangements entered into between the Parties on February 3, 2005, are not subject to the filing requirements of Section 252(e) of the federal Telecommunications Act, 47 U.G. 252(e), or of MCl's position that those agreements may be subject to such requirements. Once this Agreement is approved, any amendment to the Agreement by the Parties will be accomplished through Section 252 of the Act. This Agreement can only be amended in writing, executed by the duly authorized representatives of the Parties. Notwithstanding the foregoing, either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) calendar Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. Notwithstanding the above , if the Commission orders, or Qwest chooses to offer and CLEC desires to purchase, new Interconnection services, access to additional Unbundled Network Elements, additional ancillary services or Telecommunications Services available for resale which are not contained in this Agreement or a Tariff, Qwest will notify CLEG of the availability of these new services through the product notification process through the Change Management Process (CMP). GLEC must first complete the relevant section(s) of the New Product Questionnaire to establish ordering and Billing processes. In addition , the Parties shall amend this Agreement under one (1) of the following two (2) options: If CLEG is prepared to accept Qwest's terms and conditions for such new product, GLEC shall execute a form Advice Adoption Letter (the form of which is attached hereto as Exhibit L), to be furnished by Qwest, and include as an attachment, the discreet terms and conditions available on Qwest' wholesale web site, that Qwest has identified as pertaining to the new product. CLEC shall submit the Advice Adoption Letter to the Commission for its approval. CLEC shall also provide the Advice Adoption Letter to Qwest pursuant to the notice provisions in this Agreement and may begin ordering the new product pursuant to the terms of this Agreement as amended by such Advice Adoption September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 3- Section 1 General Terms Letter. If CLEC wishes to negotiate an amendment with different terms and conditions than defined by Qwest for such new product, CLEC agrees to abide by those terms and conditions on an interim basis by executing the Interim Advice Adoption Letter (the form of which is attached hereto as Exhibit M) based upon the terms and conditions available on Qwest's wholesale web site that Qwest has identified as pertaining to the new product. The Interim Advice Adoption Letter will terminate when the final amendment is approved. The rates and to the extent practicable, other terms and conditions contained in the final amendment will relate back to the date the Interim Advice Adoption Letter was executed, No new product offering or accompanying Interim Advice Adoption Letter will be construed to limit or add to any rates, terms or conditions existing in this Agreement. The Parties shall comply with Section 252(i) of the Act and 47 C,R. 9 51.809 of the FCC'rules when amending their Interconnection Agreement. However, nothing in this provision precludes CLEC from seeking an amendment to its Interconnection Agreement pursuant to Section 1.7 of this Agreement, including seeking an amendment to include terms and conditions contained within Qwest's current SGAT, subject to Qwest's agreement. CLEC may not amend its Interconnection Agreement to include terms and conditions that may be contained within Qwest's current SGAT that have been affected by a change in applicable law. With respect to the terms and provisions of this Agreement, Qwest has negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate, term and condition, is not evidence of the reasonableness thereof when considered apart from all other provisions of the Agreement. September 13, 2006/ccd/lD OwesUMCI Negotiated Agreement CDS -060830-0001 - 4- Section 2 Interpretation and Construction Section INTERPRETATION AND CONSTRUCTION This Agreement includes this Agreement and all Exhibits appended hereto and each Amendment referenced in Section 1.4, above, each of which is hereby incorporated by reference in this Agreement and made a part hereof, All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards , shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements, addenda, or successors) of that statute, regulation, rule, Tariff, technical reference , technical publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law, rule, regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change, any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party s network may not be in compliance with the latest release of technical references, technical publications, or publications of Telecommunications industry administrative or technical standards. The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules , regulations and interpretations thereof, including but not limited to state rules, regulations, and laws, as of August 1 , 2003 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Qwest or GLEG concerning the interpretation or effect of the Existing Rules or an admission by Qwest or GLEG that the Existing Rules should not be changed, vacated , dismissed , stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or GLEG from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are or were vacated , dismissed, stayed or materially changed or modified at any point on or after August 1, 2003, then this Agreement shall be amended at the request of either Party to reflect such legally binding modification or change of the Existing Rules, Where such request of either Party is issued within thirty (30) Days of the effective date of an order issuing a legally binding change, any resulting amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for related rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. In the event neither Party requests an amendment within thirty (30) Days, the effective date of the legally binding change shall be the effective date of the subsequent amendment or such other date as the to which the Parties may agree. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement will be September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 5- Section 2 Interpretation and Construction corrected, or if requested by CLEC amended as set forth in this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. With respect to changes to the Rates in Exhibit A, such rates will be automatically updated by Qwest to reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision , unless otherwise ordered by the Commission. For purposes of this section , " legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation, has passed. Nothwithstanding the foregoing, the Parties agree that this Agreement does not reflect changes in law wrought by the FCC's Report And Order On Remand And Further Notice Of Proposed Rulemaking in CC Dockets No. 01-338, 96-98, and 98-147 released on August 21 2003 ("Triennial Review Order"); the FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-338 released on February 4, 2005 ("TRRO"); and the FCC's Order in WC Docket 03-171 released on October 18, 2004 ("Core Forbearance Order"); and that each Party shall be entitled to an appropriate amendment implementing the changes wrought in those orders in accordance with the procedures outlined in this Agreement and the Parties agree that the effectiveness of any such amendment shall be implemented retroactively to the Effective Date of this Agreement. Unless otherwise specifically determined by the Commission, in cases of conflict between this Agreement on the one hand, and Qwest's Tariffs, PCAT , methods and procedures technical publications, policies, product notifications or other Qwest documentation, on the other, relating to Qwest's or CLEC's rights or obligations, then the rates, terms and conditions of this Agreement shall prevail. To the extent another document purports to abridge or expand the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail. Intentionally Left Blank. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 6- Section 3 GLEG Information Section 3.0 - CLEC INFORMATION Except as otherwise required by law , Qwest will not provide or establish Interconnection Unbundled Network Elements ancillary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The Parties shall complete Qwest's "New Customer Questionnaire," as it applies to CLEC's obtaining of Interconnection, Unbundled Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder. Prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwest's "New Customer Questionnaire General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing OSS and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC plans to order these services) Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order these services) The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will beused to: Determine geographical requirements; Identify CLEC identification codes; Determine Qwest system requirements to support CLEC's specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and CLEC contact lists; and September 13, 2006/ccd/ID Qwest/MCI Negotiated Agreement CDS -060830-0001 - 7- Section 3 GLEG Information Identify CLEC hours and holidays. CLECs that have previously completed a Questionnaire need not fill out a new New Customer Questionnaire; however, CLEC will update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product CLEC will need to complete the relevant new product questionnaire and amend this Agreement, which may include an amendment pursuant to Section 1. Intentionally Left Blank. 3.4 Intentionally Left Blank. September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 8- Section 4 Definitions Section 4.0 - DEFINITIONS Access Service Request" or "ASR" means the industry guideline forms and supporting documentation used for ordering Access Services. The ASR will be used to order trunking and facilities between CLEC and Qwest for Local Interconnection Service. Access Services" refers to the interstate and intrastate switched access and private line transport services offered for the origination and/or termination of interexchange traffic. Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange Carrier switches. Qwest's Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic. Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as amended, and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. Advanced Intelligent Network" or "AIN" is a Telecommunications network architecture in which call processing, call routing and network management are provided by means of centralized databases. Advanced Services" refers to high speed, switched , broadband, wireline Telecommunications capability that enables users to originate and receive high-quality, voice , data, graphics or video Telecommunications using any technology. Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another Person. For purposes of this paragraph the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544 Mbps) using Alternate Mark Inversion (AMI) line code. Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines orders, permits and approval of any governmental regulations, including, but not limited to, the Act, the regulations, rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. Application Date" or "APP" means the date CLEC provides Qwest an application for service containing required information as set forth in this Agreement. ATIS" or "Alliance for Telecommunications Industry Solutions is a North American telecommunication industry standards forum which, through its committees and working groups creates, and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines, as well as the standards of other industry fora, are referenced herein. Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that initially records telecommunication message information. AMA format is contained in the AMA September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 9- Section 4 Definitions document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which defines the industry standard for message recording. Automatic Location Identification" or "All" is the automatic display at the Public Safety Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). Automatic Location Identification/Database Management System" or "All/DBMS" is Enhanced 911/(E911) database containing End User Customer location information (including name, service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid). Automatic Location Identification Gateway" or "All Gateway" is a computer facility into which CLEC delivers Automatic Location Identification (All) data for CLEC Customers, Access to the All Gateway will be via a dial-up modem using a common protocol. Automatic Number Identification" or "ANI" is the Billing telephone number associated with the access line from which a call originates. ANI and Calling Party Number (CPN) usually are the same number. Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into a circuit Switch routing table or system. Basic Exchange Telecommunications Service" means unless otherwise defined Commission rules and then it shall have the meaning set forth therein , a service offered to End User Customers which provides the End User Customer with a telephonic connection to, and a unique local telephone number address on, the public switched telecommunications network, and which enables such End User Customer to generally place calls to, or receive calls from other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. As used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancillary services such as 911 , Directory Assistance and operator services. Bill Date" means the date on which a Billing period ends , as identified on the bill. Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate Customer Billing with attendant acknowledgments and status reports. also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. Binder Groups" means the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded twisted pairs wrapped in colored tape within a cable. Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17. Bridged Tap" means the unused sections of a twisted pair subtending the loop between the End User Customer and the Serving Wire Center or extending beyond the End User Customer location. September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 10- Section 4 Definitions Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in which the caller inquires as to the busy status of or requests an interruption of a call on another End User Customer s Basic Exchange Telecommunications Service line. Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers to the ten digit number transmitted through a network identifying the calling party. Reference Owest Technical Publication 77342. Carrier" or "Common Carrier" See Telecommunications Carrier. Carrier Liaison Committee" or "CLC" is under the auspices of A TIS and is the executive oversight committee that provides direction as well as an appeals process to its subtending fora the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum (OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee (TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a logical home in one of the subtending forums. OBF and NIMC publish business process rules for their respective areas of concern. Central Office" means a building or a space within a . building where transmission facilities orcircuits are connected or switched. Central Office Switch" means a Switch used to provide Telecommunications Services including, but not limited to: End Office Switches" which are used to terminate End User Customer station loops , or equivalent, for the purpose of interconnecting to each other and to trunks; and Tandem Office Switches " - CLEC Switch(es) shall be considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable geographic area as Owest's Tandem Office Switch. A fact based consideration of geography, when approved by the Commission or mutually agreed to by the Parties, should be used to classify any Switch on a prospective basis. Owest "Tandem Office Switches" are used to connect and switch trunk circuits between and among other End Office Switches. Access tandems typically provide connections for exchange access and toll traffic, and Jointly Provided Switched Access traffic while local tandems provide connections for Exchange Service (EAS/Local) traffic. CLECs may also utilize a Owest Access Tandem for the exchange of local traffic as set forth in this Agreement. Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling protocol used to record Billing data. Centralized Message Distribution System" or "CMOS" means the operation system that Local Exchange Carriers use to exchange outcollect and lABS access messages among each other and other parties connected to CMOS. Charge Number" is a Common Channel Signaling parameter, which refers to the number, transmitted through the network identifying the Billing number of the calling party. Charge Number frequently is not the Calling Party Number (CPN), Centrex" shall have the meaning set forth in Section 6. September 13, 2006/ccd/iD OwestlMCI Negotiated Agreement CDS -060830-0001 - 11 - Section 4 Definitions Collocation" is an arrangement where Qwest provides space in Qwest Premises for the placement of CLEC's equipment to be used for the purpose of Interconnection or access to Qwest Unbundled Network Elements. Collocation - Point of Interconnection" or "POI" is the point outside Qwest's Wire Center where CLEC's fiber facility meets Qwest's Fiber Entrance Facility, except where CLEC uses an Express Fiber Entrance Facility, In either case, Qwest will extend or run the Fiber Entrance Facility to CLEC's Collocation Space, Commission" means the Idaho Public Utilities Commission, Commercial Mobile Radio Service" or "CMRS" is defined in 47 U,C. Section 332 and FCC rules and orders interpreting that statute. Common Channel Signaling" or "CCS" means a method of exchanging call set up and network control data over a digital signaling network fully separate from the Public Switched Network that carries the actual call. Signaling System 7 (SS7) is currently the preferred CCS method, Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements, ancillary services, or resale of Telecommunications Services. A CLEC is an entity authorized to provide Local Exchange Service that does not otherwise qualify as an Incumbent Local Exchange Carrier (ILEC). Confidential Information" shall have the meaning set forth in Section 5.16. Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment using patch cords or jumper wires that attach to connection hardware on each end. Custom Calling Features" comprise a group of features provided via a Central Office Switch without the need for special Customer Premises Equipment. Features include, but are not limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and series completing (busy or no answer). Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features consisting of number translation services, such as call forwarding and caller identification available within a Local Access and Transport Area (LATA). Features include, but are not limited to, automatic callback, automatic recall , calling number delivery, Customer originated trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection, Current Service Provider" means the Party from which an End User Customer is planning to switch its local exchange service or the Party from which an End User Customer is planning to port its telephone number(s). Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 12- Section 4 Definitions Customer Premises Equipment" or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e., a telephone, PBX, modem pool , etc. Customer Usage Data" means the Telecommunications Service usage data of a CLEC Customer, measured in minutes, sub-minute increments, message units or otherwise, that is recorded by Qwest AMA equipment and forwarded to CLEC. Dark Fiber" shall have the meaning set forth in Section 9. Day" means calendar days unless otherwise specified. Dedicated Transport" is a Qwest provided digital transmission path between locations designated by CLEC to which CLEC is granted exclusive use. Such locations may include, but not be limited to, Qwest Wire Centers, Qwest End Office Switches, and Qwest Tandem Switches. The path may operate at DS1 or higher transmission speeds. Dedicated Transport is also described in Section 9. Demarcation Point" means the point where Qwest owned or controlled facilities cease, and CLEC , End User Customer, premises owner or landlord ownership or control of facilities begin, Designed, Verified and Assigned Date" or "DVA" means the date on which implementation groups are to report that all documents and materials have been received and are complete, Desired Due Date" means the desired service activation date as requested by CLEC on a service order. Dialing Parity" shall have the meaning set forth in Section 14. Digital Cross-Connect System" or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or greater with Cross Connection typically at the DSO rate. This same nomenclature, at the appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross-connect Synchronous Transport Signal level 1 (STS-1 s) or other Synchronous Optical Network (SONET) signals (e., STS-3) are also DCS , although not denoted by this same type of nomenclature. DCS may provide the functionality of more than one of the aforementioned DCS types (e., DCS 3/3/1 which combines functionality of DCS 3/3 and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of requirements on the "component" DCS. In locations where automated cross connection capability does not exist, DCS will be defined as the combination of the functionality provided by a Digital Signal Cross-Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4 channel banks or other DSO and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection, or other service platform device. Digital Signal Level" means one of several transmission rates in the time-division multiplex hierarchy. Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 13 - Section 4 Definitions conversation using pulse code modulation. There are 24 DSO channels in a DS1. Digital Signal Level 1" or "DS 1" means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing. There are 28 DS1s in a DS3. Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii) disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de- multiplexing). DSLAMs can connect DSL loops with some combination of CLEC ATM , Frame Relay or IP networks. The DSLAM must be located at the end of a copper loop nearest the Serving Wire Center (e., in a Remote Terminal, Central Office, or a Customer s premises). Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that are designed to provide digital communications services over copper Loops either in addition to or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but not limited to, the following: ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission technology that typically permits the transmission of up to 8 Mbps downstream (from the Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from the End User Customer to the Central Office) over one copper pair. HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits over a single copper pair, T1 service over 2 copper pairs, or future E1 service over 3 copper pairs. HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps. IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi- directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching. RADSL" or "Rate Adaptive Digital Subscriber Line" is a form of ADSL that can automatically assess the condition of the Loop and optimize the line rate for a given line quality. SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission technology that permits the bi-directional transmission from up to 160 kbps to 2.048 Mbps on a single pair. VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission technology that permits the transmission of up to 52 Mbps downstream (from the Central Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical , or September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 14 - Section 4 Definitions other combination. Directory Assistance Database" shall have the meaning set forth in Section 10., 10. and 10. Directory Assistance Lists" shall have the meaning set forth in Section 10, Directory Assistance Service" includes, but is not limited to, making available to callers, upon request, information contained in the Directory Assistance Database. Directory Assistance Service includes, where available, the option to complete the call at the caller s direction. Directory Listings" are any information: (1) identifying the listed names of subscribers of a Telecommunications Carrier and such subscriber s telephone numbers, addressees, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names , numbers, addresses or classifications; and (2) that the Telecommunications Carrier or an Affiliate has published, caused to be published, or accepted for publication in any directory format. Disturber" is defined as a technology recognized by industry standards bodies that significantly degrades service using another technology (such as how AMI T1x affects DSL). Due Date" means the specific date on which the requested service is to be available to the CLEC or to CLEC's End User Customer, as applicable. DSX Panel" means a cross-connect bay or panel used for the termination of equipment and facilities operating at digital rates. Effective Date" shall have the meaning setforth in Section 1. Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. Electronic File Transfer" means any system or process that utilizes an electronic format and protocol to send or receive data files. Emergency Service Number" or "ESN" is a three to five digit number representing a unique combination of Emergency Response Agencies (law enforcement, fire and emergency medical service) designed to serve a specific range of addresses within a particular geographical area. The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the dispatch of proper Emergency Response Agency(ies). End User Customer" means a third party retail Customer that subscribes to a Telecommunications Service provided by either of the Parties or by another Carrier or by two or more Carriers. Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code, protocol or September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 15 - Section 4 Definitions similar aspects of a subscriber s transmitted information; that provide the subscriber with additional, different or restructured information; or involve End User Customer interaction with stored information. Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0. Environmental Hazard" means any substance the presence, use, transport , abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign , state and local jurisdictions) or (ii) poses risks to human health safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. Exchange Access (IntraLATA Toll)" as used in Section 7 is defined in accordance with Qwest's current IntraLATA toll serving areas, as determined by Qwest's state and interstate Tariffs and excludes toll provided using Switched Access purchased by an IXC~ "Exchange Access" as used in the remainder of this Agreement shall have the meaning set forth in the Act. Exchange Message Interface" or "EMI" means the format used for exchange Telecommunications message information among Telecommunications Carriers. It is referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. Exchange Message Record" or "EMR" is the standard used for exchange Telecommunications message information between telecommunications providers for billable, non-billable, sample, settlement and study data. EMR format is contained in BR-O10-200-010 CRIS Exchange Message Record, a Telcordia document that defines industry standards for exchange message records. Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the Local Calling Area as determined by the Commission. Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the Local Calling Area as determined by the Commission. FCC" means the Federal Communications Commission. Fiber Meet" means an Interconnection architecture method whereby the Parties physically interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually-agreed-upon location. Finished Services" means complete end to end services offered by Qwest to wholesale or retail Customers. Finished Services do not include Unbundled Network Elements or combinations of Unbundled Network Elements. Finished Services include voice messaging, Qwest provided OSL, Access Services, private lines, retail services and resold services. Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that the CLEC Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 16- Section 4 Definitions service requested. Hub Provider" means an entity that (i) provides Common Channel Signaling (SS?) connectivity between the networks of service providers that are not directly connected to each other; or (ii) provides third party database services such as LlDB. The SS? messages received by Hub Providers are accepted or rejected by the Hub Provider depending on whether a contractual arrangement exists between the Hub Provider and the message originator (sender) and whether the message originator has contracted for the type of SS? messages being submitted for transmission to the Hub Provider. Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I. Information Service is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates multiple voice channels within the Switch on a DS11evei signal. Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network service. Basic Rate ISDN (BRI) provides for channelized (2 bearer and 1 data) end-to-end digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channel. Primary Rate ISDN (PRI) provides for 23 bearer channels and 1 data channel. For BRI , the bearer channels operate at 64 Kbps and the data channel at 16 Kbps. For PRI , all 24 channels operate at 64 Kbps or 1.5 Mbps. Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange Access and Jointly Provided Switched Access traffic. Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and CLEC for Interconnection, Unbundled Network Elements or other services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. lnterLATA Traffic" describes Telecommunications between a point located in a Local Access Transport and Area (LATA) and a point located outside such area. . lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area. Interim Number Portability" or "INP" is a method of number portability, such as Remote Call Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows one Party to port telephone numbers from its network to the other Party s network with as little impairment of quality, reliability and convenience to the customer as possible , but does not comply with the Local Number Portability performance criteria set forth in 4? C.R. Section 52.23 (a). September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 17 - Section 4 Definitions Interoperability" means the ability of a Qwest ass Function to process seamlessly (i.without any manual intervention) business transactions with CLEC's OSS application, and vice versa by means of secure exchange of transaction data models that use data fields and usage rules that can be received and processed by the other Party to achieve the intended ass Function and related response. (See also Electronic Bonding. Legitimately Related" terms and conditions are those rates, terms, and conditions that relate solely to the individual interconnection , service or element being requested by CLEC under Section 252(i) of the Act, and not those relating to other interconnection, services or elements in the approved Interconnection Agreement. This definition is not intended to limit the FCC' interpretation of "legitimately related" as found in its rules , regulations or orders or the interpretation of a court of competent jurisdiction. LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code shown in the LERG from one Carrier to another Carrier. Line Information Database" or "LlDB" shall have the meaning as set forth in Section 9.15. Line Side" refers to End Office Switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e., an End User Customer telephone station set, a PBX, answering machine, facsimile machine or computer). Local Access Transport Area" or "LATA" is as defined in the Act. Local Calling Area" is as defined by the Commission. Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of telephone Exchange Service or Exchange Access, Such term does not include a Carrier insofar as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well as Network Element and equipment designations. Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends from CLEC's Switch location or Point of Interconnection (POI) to the Qwest Serving Wire Center. An Entrance Facility may not extend beyond the area served by the Qwest Serving Wire Center. Local Interconnection Service" or "LIS" is the Qwest product name for its provision of Interconnection as described in Section 7 of this Agreement. Local Number Portability" or "LNP" shall have the meaning set forth in Section 10. Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish industry-wide ordering and Billing processes for ordering local services. Local Service Request" or "LSR" means the industry standard forms and supporting documentation used for ordering local services, September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS --060830-0001 - 18- Section 4 Definitions Location Routing Number" or "LRN" means a unique 10-digit number assigned to a Central Office Switch in a defined geographic area for call routing purposes. This 10-digit number serves as a network address and the routing information is stored in a database. Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a database query to obtain the Location Routing Number that corresponds with the Switch serving the dialed telephone number. Based on the Location Routing Number, the querying Carrier then routes the call to the Switch serving the ported number. The term "LRN" may also be used to refer to a method of LNP. Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2, Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the following: aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals (multiplexing); disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals (demultiplexing); aggregates a specified number of signals or channels to fewer channels (concentrating); performs signal conversion, including encoding of signals (e.g" analog to digital and digital to analog signal conversion); or in some instances performs electrical to optical (E/O) conversion. LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or Central Offices. Main Distribution Frame" or "MDF" means a Owest distribution frame (e., COSMICTM frame) used to connect Owest cable pairs and line and trunk equipment terminals on a Owest switching system. Maintenance and Repair" involves the exchange of information between Carriers where one initiates a request for maintenance or repair of existing products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports in order to ensure proper operation and functionality of facilities. Maintenance of Service charge" is a charge that relates to trouble isolation, Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Owest technician performs work during standard business hours. Overtime Maintenance Service charges apply when the Owest technician performs work on a business day, but outside standard business hours , or on a Saturday. Premium Maintenance of Service charges apply when the Owest technician performs work on either a Sunday or Owest recognized holiday. Master Street Address Guide" or "MSAG" is a database of street names and house number ranges within their associated communities defining particular geographic areas and their associated ESNs to enable proper routing of 911 calls. Meet Point" is a point of interconnection between two networks, designated by two Telecommunications Carriers , at which one Carrier s responsibility for service begins and the September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 19 - Section 4 Definitions other Carrier s responsibility ends. Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" refers to an arrangement whereby two LECs (including a LEC and CLEC) jointly provide Switched Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the revenues from the IXC as defined by their effective access Tariffs. Mid-Span Meet" means an Interconnection between two (2) networks , designated by two Telecommunications Carriers, whereby each provides its own cable and equipment up to the Meet Point of the cable facilities. Miscellaneous Charges" mean cost-based charges that Q~est may assess in addition to recurring and nonrecurring rates set forth in Exhibit A, for activities CLEC requests Qwest to perform , activities CLEC authorizes, or charges that are a result of CLEC's actions, such as cancellation charges, additional labor and maintenance, Miscellaneous Charges are not already included in Qwest's recurring or nonrecurring rates. Miscellaneous Charges are listed in Exhibit A. Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS), The MECAB document, published by Telcordia Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access service provided by two or more LECs (including a LEC and a CLEC), or by one LEC in two or more states within a single LATA. Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as Special Report SR STS-002643, establishes recommended guidelines for processing orders for access service which is to be provided by two or more LECs (including a LEC and a GLEe). is published by Telcordia Technologies as SRBDS 00983. 1 Carrier" means the Carrier in the call routing process immediately preceding the terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under the FCC's rules) to determine the LRN value for correctly routing a call to a ported number, National Emergency Number Association" or "NENA" is an association which fosters the technological advancement, availability and implementation of 911 Service nationwide through research , planning, training, certification, technical assistance and legislative representation. Near Real Time" means that Qwest's OSS electronically receives a transaction from CLEC, automatically processes that transaction, returns the response to that transaction to CLEC in an automatic event driven manner (without manual intervention) via the interface for the OSS Function in question. Except for the time it takes to send and receive the transaction between Qwest's and CLEC's OSS application, the processing time for Qwest's representatives should be the same as the processing time for CLEC's representatives. Current benchmarks using TCIF 98-006 averages between two and four seconds for the connection and an average transaction transmittal. The specific agreed metrics for "near-real-time" transaction processing September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 20- Section 4 Definitions will be contained in the Performance Indicator Definitions (PIDs), where applicable. Network Element" is a facility or equipment used in the provision of Telecommunications service. It also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers , databases, signaling systems, and information sufficient for Billing and collection or used in the transmission , routing, or other provision of a Telecommunications Service. Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee responsible for developing business process rules for Maintenance and Repair or trouble administration. Network Interface Device" or "NID" is a Network Element that includes any means of interconnection of Customer premises wiring to Qwest's Distribution plant, such as a cross connect device used for that purpose. New Service Provider" means the Party to which an End User Customer switches its local exchange service or the Party to which an End User Customer is porting its telephone number(s). 911 Service" shall have the meaning set forth in Section 10. 911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10. North American Numbering Council" or "NANC" means the federal advisory committee chartered by the FCC to analyze, advise , and make recommendations on numbering issues. North American Numbering Plan" or "NANP" means the basic numbering plan for the Telecommunications networks located in the United States as well as Canada, Bermuda Puerto Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code) followed by a 3-digit NXX code and 4-digit line number. Number Portability Administration Center" or "NPAC" means one of the seven regional number portability centers involved in the dissemination of data associated with ported numbers. The NPACs were established for each of the seven, original Bell Operating Company regions so as to cover the 50 states, the District of Columbia and the U.S. territories in the North American Numbering Plan area, Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique three-digit indicator that is defined by the " " " B" and "C" digits of each 10-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general categories of NPA. "Geographic NPA" is associated with a defined geographic area, and all telephone numbers bearing such NPA are associated with services provided within that Geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC Code), is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs. NXX " " NXX Code, " " Central Office Code " or "CO Code" is the three digit Switch entity code which is defined by the 0, E , and F digits of a 10 digit telephone number within the NANP. September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 21 - Section 4 Definitions Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12. Ordering and Billing Forum" or "OBF" means the telecommunications industry forum , under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. Originating Line Information" or "OLl" is an CCS SS7 Feature Group D signaling parameter which refers to the number transmitted through the network identifying the Billing number of the calling party. 01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning standard with the statistical probability of no mdre than one call in 100 blocked on initial attempt during the average busy hour. Packet Switch" is a router designed to read the destination address in an incoming cell or packet, consult a routing table and route the packet toward its destination. Packetizing is done in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or protocols exist (e., x., x., frame relay, ATM, and IP). Parity" means the provision of non-discriminatory access to Interconnection, Resale, Unbundled Network Elements and other services provided under this Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by Owest will be provided in "substantially the same time and manner" to that which Owest provides to itself, its End User Customers, its Affiliates or to any other party. Party" means either Owest or CLEC and "Parties" means Owest and CLEC. Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutes to the sum of local and intraLA T A toll minutes sent between the Parties over Local Interconnection Trunks. Directory Assistance Services, CMRS traffic, transiting calls from other LECs and Switched Access Services are not included in the calculation of PLU. Person" is a general term meaning an individual or association , corporation, firm, joint-stock company, organization , partnership, trust or any other form or kind of entity. Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC. Physical Collocation" shall have the meaning set forth in Section 8. Pole Attachment" shall have the meaning set forth in Section 10. Point of Interface , " Point of Interconnection " or "POI" is a demarcation between the networks of two (2) LECs (including a LEC and GLEe). The POI is that point where the exchange of traffic takes place. Point of Presence" or "POP" means the Point of Presence of an IXC. Port" means a line or trunk connection point, including a line card and associated peripheral September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 22- Section 4 Definitions equipment, on a Central Office Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilities connected to the Central Office Switch. Each line side Port is typically associated with one or more telephone numbers that serve as the Customer s network address. POTS" means plain old telephone service, Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal power densities across a range of frequencies to permit divergent technologies to coexist in close proximity within the same Binder Groups. Premises" refers to Qwest's Central Offices and Serving Wire Centers; all buildings or similar structures owned, leased , or otherwise controlled by Qwest that house its network facilities; all structures that house Qwest facilities on public rights-of-way, including but not limited to vaults containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise controlled by Qwest that is adjacent to these Central Offices, Wire Cent€rs, buildings and structures. Product Catalog" or "PCAT" is a Qwest document that provides information needed to request services available under this Agreement. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. The PCAT is available on Qwest's Web site: httpllwww.qwest.com/whoiesale/pcat! Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in section 9.7, including out of hours coordination, Proof of Authorization" or "POA" shall consist of verification of the end user s selection and authorization adequate to document the end user s selection of its local service provider. Proprietary Information" shall have the same meaning as Confidential Information. Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports. Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same number of digits as ANI, that is not a NANP telephone directory number and may be used in place of an ANI to convey special meaning, determined by agreements, as necessary, between the system originating the call , intermediate systems handling and routing the call , and the destination system. Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls fora specific geographic area are answered. Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. Rate Center" identifies 1) the specific geographic point identified by specific vertical and September 13, 2006/ccd/lD QwestiMCI Negotiated Agreement CDS -060830-0001 - 23- Section 4 Definitions horizontal (V&H) coordinates, which are used to measure distance sensitive End User Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center; and 2) the corresponding geographic area which is associated with one or more particular NPA- NXX codes which have been assigned to a LEC for its provision of Telephone Exchange Service. Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when Qwest has completed all operational work in accordance with CLEC Application and makes functional space available to CLEC. Such work includes but is not necessarily limited to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables between CLEC and power are terminated), cage enclosures , primary AC outlet, cable racking,and circuit terminations (e., fiber jumpers are placed between the outside plant fiber distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA are complete, telephone service , and other services and facilities ordered by CLEC for Provisioning by the RFS date. Records Issue Date" or "RID" means the date that all design and assignment information is sent to the necessary service implementation groups. Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the telephone network. If an End User Customer changes its local service provider from one Party to the other Party, using RCF, the old service provider s switch will route the End User Customer s calls to the new service provider by translating the dialed number into another telephone number with an NXX corresponding to the new service provider s switch. The new service provider then completes the routing of the call to its new End User Customer. Remote Premises" means all Qwest Premises other than Qwest Wire Centers or adjacent to Qwest Wire Centers. Such Remote Premises include controlled environmental vaults controlled environmental huts, cabinets, pedestals and other Remote Terminals. Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point between the End User Customer and Qwest's Central Office, where Loops are aggregated and hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may contain active electronics such as digital loop carriers, fiber hubs, DSLAMs, etc. Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their End User Customers. Reserved Numbers" means those telephone numbers which are not in use but which are held in reserve by a Carrier under a legally enforceable written agreement for a specific End User Customer s future use. Scheduled Issued Date" or "SID" means the date the order is entered into Qwest's order distribution system. Selective Router" means the equipment necessary for Selective Routing. Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional responsibility for the service address of the caller, irrespective of telephone company exchange or Wire Center boundaries. Selective Routing may also be used for other services. Service Control Point" or "SCP" means a node in the CCS network to which information September 13, 2006/ccd1lD Qwest/MCI Negotiated Agreement CDS -060830-0001 - 24, Section 4 Definitions requests for service handling, such as routing, are directed and processed. The SCP is a real time database system that, based on a query from a Service Switching Point (SSP), performs subscriber or application-specific service logic and then sends instructions back to the SSP on how to continue call processing, Service Creation Environment" is a computer containing generic call processing software that can be programmed to create new Advanced Intelligent Network call processing services. Service Date" or "SO" means the date service is made available to the End User Customer. This also is referred to as the "Due Date. Service Provider Identification" or "SPID" is the number that identifies a service provider to the relevant NPAC. The SPID may be a state specific number. Serving Wire Center" denotes the Wire Center from which dial tone for Local Exchange Service would normally be provided to a particular Customer premises. Shared Transport" shall have the meaning set forth in Section 9. Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub- protocols:1) Message Transfer Part (MTP), which provides functions for basic routing of signaling messages between signaling points;2) Signaling Connection Control Part (SCCP), which provides additional routing and management functions for transfer of messages other than call setup between signaling points;3) Integrated Services Digital Network User Part ('SUP), which provides for transfer of call setup signaling information between signaling points; and4) Transaction Capabilities Application Part (TCAP), which provides for transfer of non-circuit related information between signaling points. Signaling Transfer Point" or "STP" means a Packet Switch that performs message routing functions and provides information for the routing of messages between signaling end points including SSPs, SCPs, Signaling Points (SPs) and other STPs in order to set up calls and to query call-related databases, An STP transmits, receives and processes Common Channel Signaling ("CCS") messages. Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F. Spectrum Compatibility" means the capability of two (2) Copper Loop transmission system technologies to coexist in the same cable without service degradation and to operate satisfactorily in the presence of crosstalk noise from each other. Spectrum compatibility is defined on a per twisted pair basis for specific well-defined transmission systems. For the purposes of issues regarding Spectrum Compatibility, service degradation means the failure to meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined for the specific transmission system for all Loop lengths, model Loops, or loss values within the requirements for the specific transmission system. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 25- Section 4 Definitions Splitter" means a device used in conjunction with a OS LAM either to combine or separate the high (OSL) and low (voice) frequency spectrums of the loop in order to provide both voice and data over a single loop. Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12. Subloop" shall have the meaning set forth in Section 9. Suspended Lines" means subscriber lines that have been temporarily disconnected. Switch" means a switching device employed by a Carrier within the Public Switched Network. Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem Switches, Remote Switching Modules , and Packet Switches. Switches may be employed as a combination of End Office/Tandem Switches. Switched Access Service" means the offering of transmission and switching services to Interexchange Carriers for the purpose of the origination or termination of telephone toll service. Switched Access Services include: Feature Group A, Feature Group B , Feature Group 0, axx access, and 900 access and their successors or similar Switched Access Services, Switched Access Traffic , as specifically defined in Qwest's interstate Switched Access Tariffs is traffic that originates at one of the Party s End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party s End User Customers, whether or not the traffic transits the other Party s network. Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing) standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards Association (ECSA) for the American National Standards Institute ("ANSI" Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs, price lists, and price schedules. Technically Feasible." Interconnection, access to Unbundled Network Elements, Collocation and other methods of achieving Interconnection or access to Unbundled Network Elements at a point in the network shall be deemed Technically Feasible absent technical or operational concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such Interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, Billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such Interconnection , access, or methods would result in specific and significant adverse network reliability impacts, Telecommunications" means the transmission, between or among points specified by the user of information of the user s choosing, without change in the form or content of the information as sent and received. September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 26- Section 4 Definitions Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services, except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage, Telecommunications Equipment" means equipment, other than Customer Premises Equipment, used by a Carrier to provide Telecommunications Services , and include software integral to such equipment, including upgrades. Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telephone Exchange Service" means a service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to End User Customers intercommunicating service of the character ordinarily furnished by a single exchange , and which is covered by the exchange service charge, or comparable service provided through a system of Switches, transmission equipment or other facilities (or combinations thereof) by which a subscriber can originate and terminate a Telecommunications Service. TELRIC" means Total Element Long-Run Incremental Cost. Toll Free Service" means service provided with any dialing sequence that invokes Toll Free, Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service 800/888/877/866 NPA SAC codes. Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid values that are required to initiate and process a business function from one trading partner to another. Some business function events, pre-order inquiry and response are defined as complimentary Transaction Sets. An example of a Transaction Set is service address validation inquiry and service address validation response. Trunk Side" refers to Switch connections that have been programmed to treat the circuit as connected to another switching entity. Unbundled Network Element" is a Network Element that has been defined by the FCC or the Commission as a Network Element to which Qwest is obligated to provide unbundled access or for which unbundled access is provided under this Agreement. Unbundled Network Element Platform" or "UNE-P" - is a combination of Unbundled Network Elements as set forth in Section 9.23. UNE Combination" means a combination of two (2) or more Unbundled Network Elements that were or were not previously combined or connected in Qwest's network, as required by the FCC, the Commission or this Agreement. Virtual Collocation" shall have the meaning set forth in Sections 8.1 and 8.2.2. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 27- Section 4 Definitions Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to low-income subscribers , pursuant to requirements established by the Commission or the FCC. Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled, associated with activities CLEC or Qwest or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers garbage, scrap, residues or by products), except for substances and materials that CLEC, Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier s network, where transmission facilities are connected or switched. Wire Center can also denote a building where one or more Central Offices, used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. Wired and Office Tested Date" or "WOT" means the date by which all intraoffice wiring is completed, all plug-ins optioned and aligned, frame continuity established , and the interoffice facilities, if applicable, are tested. This includes the date that switching equipment, including translation loading, is installed and tested. Work Locations" means any real estate that CLEC or Qwest, as appropriate, owns, leases or licenses, or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here, but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. Terms not otherwise defined in this Section or the Act but defined elsewhere in the Agreement shall have the meaning attributable them in such other part of the Agreement. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 28- Section 5 Terms and Conditions Section 0 - TERMS AND CONDITIONS General Provisions Intentionally Left Blank. The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan. Neither Party shall use any service related to or use any of the services provided in this Agreement in any manner that interferes with other persons in the use of their service prevents other persons from using their service, or otherwise impairs the quality of service to other Carriers or to either Party s End User Customers. In addition , neither Party s provision of or use of services shall interfere with the services related to or provided under this Agreement. If such impairment is material and poses an immediate threat to the safety of either Party s employees, Customers or the public or poses an immediate threat of a service interruption , that Party shall provide immediate notice by email to the other Party s designated representative(s) for the purposes of receiving such notification. Such notice shall include 1) identification of the impairment (including the basis for identifying the other party s facilities as the cause of the impairment, 2) date and location of the impairment, and 3) the proposed remedy for such impairment for any affected service. Either Party may discontinue the specific service that violates this provision or refuse to provide the same type of service if it reasonably appears that the particular service would cause similar harm, until the violation of this provision has been corrected to the reasonable satisfaction of that Party and the service shall be reinstituted as soon as reasonably possible. The Parties shall work cooperatively and in good faith resolve their differences, In the event either Party disputes any action that the other Party seeks to take or has taken pursuant to this provision, that Party may pursue immediate resolution by expedited or other Dispute Resolution. If the impairment is service impacting but does not meet the parameters set forth in section 5.1, such as low level noise or other interference, the other party shall provide written notice within five (5) calendar Days of such impairment to the other Party and such notice shall include the information set forth in subsection 5.1. The Parties shall work cooperatively and in good faith to resolve their differences. If the impairment has not been corrected or cannot be corrected within five (5) business days of receipt of the notice of non-compliance, the other Party may pursue immediate resolution by expedited or other Dispute Resolution. If either Party causes non-service impacting impairment the other Party shall provide written notice within fifteen (15) calendar Days of the impairment to the other Party and such notice shall include the information set forth in subsection 5. The Parties shall work cooperatively and in good faith to resolve their differences. If either Party fails to correct any such impairment within fifteen (15) calendar Days of written notice, or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if the impairing Party fails to take all appropriate steps to correct as soon as reasonably possible, the other Party may pursue immediate resolution by expedited or other Dispute Resolution.3.4 It is the responsibility of either Party to inform its End User Customers of September 13, 2006/ccd/ID QwestiMCI Negotiated Agreement CDS -060830-0001 - 29- Section 5 Terms and Conditions service impacting impairment that may result in discontinuance of service as soon as the Party receives notice of same.1.4 Each Party is solely responsible for the services it provides to its End Users and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. The Parties shall work cooperatively to minimize fraud associated with third- number billed calls, calling card calls, and any other services related to this Agreement. Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses , if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification, technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Qwest shall not assess any charges against CLEC for services, facilities, Unbundled Network Elements, ancillary services and other related works or services covered by this Agreement unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder (including resold Telecommunications Services, Unbundled Network Elements, UNE Combinations and ancillary services) and all new and additional services or Unbundled Network Elements to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the rules and orders of the Federal Communications Commission and orders of the Commission. Term of Agreement This Agreement shall become effective on the Effective Date pursuant to Section 252 of the Act. This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire three (3) years from the Effective Date. Upon expiration of the term of this Agreement, this Agreement shall continue full force and effect until superseded by a successor agreement in accordance with this Section 2. Any party may request negotiation of a successor agreement by written notice to the other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or the Agreement shall renew on a month to month basis. The date of this notice will be the starting point for the negotiation window under Section 252 of the Act. This Agreement will terminate on the date a successor agreement is approved by the Commission. Prior to the conclusion of the term specified above, CLEC may obtain Interconnection services under the terms and conditions of a then-existing SGAT or agreement to become effective at the conclusion of the term or prior to the conclusion of the term if CLEC so chooses, Proof of Authorization Each Party shall be responsible for obtaining and maintaining Proof of Authorization (POA), as required by applicable federal and state law, as amended from time to time. The Parties shall make peAs available to each other upon request in the event of an allegation of an unauthorized change in accordance with all Applicable Laws and rules and September 13, 2006/ccd/ID Qwest/MCI Negotiated Agreement CDS -060830-0001 - 30- Section 5 Terms and Conditions shall be subject to any penalties contained therein, Payment 5.4.Amounts payable under this Agreement are due and payable within thirty (30) calendar Days after the date of invoice , or within twenty (20) calendar Days after receipt of the invoice, whichever is later (payment Due Date). If the payment Due Date is not a business day, the payment shall be due the next business day. 5.4.One Party may discontinue processing orders for the failure of the other Party to make full payment for the relevant services, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within thirty (30) calendar Days following the payment Due Date. The Billing Party will notify the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for the relevant services. If the Billing Party does not refuse to accept additional orders for the relevant services on the date specified in the ten (10) business days notice, and the other Party s non- compliance continues, nothing contained herein shall preclude the Billing Party s right to refuse to accept additional orders for the relevant services from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all charges for the relevant services not disputed in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party, pursuant to this section, In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief including injunctive relief and specific performance. 5.4.The Billing Party may disconnect any and all relevant services for failure by the billed Party to make full payment, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within sixty (60) calendar Days following the payment Due Date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each resold End User Customer line disconnected pursuant to this paragraph. The Billing Party will notify the billed Party in at least ten (10) business days prior to disconnection of the unpaid service(s). In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due. If the Billing Party does not disconnect the billed Party s service(s) on the date specified in the ten (10) business days notice, and the billed Party s noncompliance continues, nothing contained herein shall preclude the Billing Party s right to disconnect any or all relevant services of the non-complying Party without further notice. For reconnection of the non-paid service to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the relevant services. Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to this Section. Both Parties agree, however, that the application of this provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts billed during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.4 Should CLEC or Owest dispute, in good faith, any portion of the nonrecurring charges or monthly Billing under this Agreement, the Parties will notify each other in writing within fifteen (15) calendar Days following the payment Due Date identifying the amount, reason and rationale of such dispute. At a minimum, CLEC and Owest shall pay all undisputed amounts due. Both CLEC and Owest agree to expedite the investigation of any disputed September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 31 - Section 5 Terms and Conditions amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating any other rights or remedies. 5.4.4,If a Party disputes charges and does not pay such charges by the payment Due Date, such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Billing Party, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the second Bill Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bill Date after the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required, 5.4.4.If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4,3, and the dispute is resolved in favor of the disputing Party, the Billing Party shall, no later than the second Bill Date after the resolution of the dispute: (1) credit the disputing Party s bill for the disputed amount and any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount is greater than the bill to be credited. The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, shall any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.If a Party fails to dispute a charge and discovers an error on a bill it has paid after the period set forth in section 5.4.4, the Party may dispute the bill at a later time through an informal process, through an Audit pursuant to the Audit provision of this Agreement, through the Dispute Resolution provision of this Agreement, or applicable state statues or commission rules. 5.4.Each Party will determine the other Party credit status based on previous payment history or credit reports such as Dun and Bradstreet. If a Party has not established satisfactory credit with the other Party according to the above provisions or the Party repeatedly delinquent in making its payments, or the Party is being reconnected after a disconnection of service or discontinuance of the processing of orders by the Billing Party due to a previous nonpayment situation , the Billing Party may require a deposit to be held as security for the payment of charges before the orders from the billed Party will be provisioned and completed or before reconnection of service. "Repeatedly delinquent" means any payment received thirty (30) calendar Days or more after the payment Due Date, three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for an average two (2) month period within the 1 st three (3) months for all services. The deposit may be a surety bond if allowed by the applicable Commission regulations, a letter of credit with terms and conditions acceptable to the Billing Party, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) calendar Days after demand. 5.4.Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest will be credited to the billed Party s account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with the Billing Party, which will generally be one full year of timely payments of undisputed amounts in full by the billed Party. Upon a material change in financial standing, the billed Party may request and the Billing Party September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 32- Section 5 Terms and Conditions will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve CLEC from any requirements of this Agreement. 5.4.The Billing Party may review the other Party s credit standing and modify the amount of deposit required but in no event will the maximum amount exceed the amount stated in 5.4. 5.4.The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements. 5.4.Each Party shall be responsible for notifying its End User Customers of any pending disconnection of a non-paid service by the billed Party, if necessary, to allow those Customers to make other arrangements for such non-paid services. Taxes Any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such taxes is placed upon the other Party. However, where the selling Party is permitted by law to collect such taxes, fees or surcharges from the purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence, status or income. Whenever possible , these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided, no exemptions will be applied. If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party s challenge, provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest provided that the Contesting Party is liable for and has paid the tax contested. Insurance Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers having a "Best' rating of B+XIII with respect to liability arising from that Party s operations for which that Party has assumed legal responsibility in this Agreement. If either Party or its parent company has assets equal to or exceeding $10 000,000,000 , that Party may utilize an Affiliate captive insurance company in lieu of a "Best's " rated insurer. To the extent that the parent company of a Party is relied upon to meet the $10,000,000 000 asset threshold, such parent shall be responsible for the insurance obligations contained in this Section 5., to the extent its affiliated Party fails to meet such obligations. 1 Workers' Compensation with statutory limits as required in the state of operation and Employers' Liability insurance with limits of not less than $100 000 each accident. Commercial General Liability insurance covering claims for bodily injury, September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 33- Section 5 Terms and Conditions death , personal injury or property damage occurring or arising out of the use or occupancy of the Premises, including coverage for independent contractor s protection (required if any work will be subcontracted), Premises-operations, products and/or completed operations and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than $1 000,000 each occurrence and $2 000,000 general aggregate limit. Business automobile liability insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles with limits of not less than $1 000,000 per occurrence for bodily injury and property damage.1.4 Umbrella/Excess Liability insurance in an amount of $10,000,000 excess of Commercial General Liability insurance specified above. These limits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is $11,000 000.5 "All Risk" Property coverage on a full replacement cost basis insuring all of CLEC personal property situated on or within the premises. Each Party will initially provide certificate(s) of insurance evidencing coverage, and thereafter will provide such certificate(s) upon request. Such certificates shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) calendar Days prior written notice of cancellation of, material change or exclusions in the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess , or contributory with, any other valid and collectible insurance purchased by the other Party; and (4) acknowledge severability of interest/cross liability coverage. Force Majeure Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation , acts of nature, acts of civil or military authority, government regulations, embargoes, epidemics, terrorist acts, riots, insurrections , fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party s control and without the Party s fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. Limitation of Liability Each Party s liability to the other Party for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind , shall be limited to the total amount that is or would have been charged to the other Party by such breaching Party for the September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 34- Section 5 Terms and Conditions service(s) or function(s) not performed or improperly performed. Each Party s liability to the other Party for any other losses shall be limited to the total amounts charged to CLEC under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to the QPAP should not be counted against the limit provided for in this Section. Neither Party shall be liable to the other for indirect, incidental , consequential , or special damages, including (without limitation) damages for lost profits, lost revenues, lost savings suffered by the other Party regardless of the form of action, whether in contract, warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement, nothing in this Section 5.2 shall limit amounts due and owing under any Performance Assurance Plan. Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party s liability to the other for (i) willful or intentional misconduct (including gross negligence) or (ii) bodily injury, death or damage to tangible real or tangible personal property proximately caused by such Party negligent act or omission or that of their respective agents, subcontractors or employees. Nothing contained in this Section 5.shall limit either Party s obligations of indemnification specified in this Agreement, nor shall this Section 5,8 limit a Party s liability for failing to make any payment due under this Agreement. Intentionally Left Blank. Indemnity The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: Except as otherwise provided in Section 5.10, each of the Parties agrees to release, indemnify, defend and hold harmless the other Party and each of its officers, directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable costs and expenses (attorneys' fees accounting fees, or other), whether suffered, made , instituted , or asserted by any other Party or person, for (i) invasion of privacy, (ii) personal injury to or death of any person or persons, or for loss, damage to, or destruction of property, whether or not owned by others, resulting from the Indemnifying Party s performance breach of Applicable Law, or status of its employees agents and subcontractors, (iii) for breach of or failure to perform under this Agreement, regardless of the form of action , or (iv) for actual or alleged infringement of any patent copyright, trademark, service mark, trade name, trade dress, trade secret or any other intellectual property right, now known or later developed, to the extent that such claim or action arises from CLEC or CLEC's Customer s use of the services provided under this Agreement. In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Party, the Party whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party September 13, 2006/ccd1lD QwestiMCI Negotiated Agreement CDS -060830-0001 - 35- Section 5 Terms and Conditions and each of its officers, directors, employees and agents (collectively the Indemnified Party) against any and all such claims or loss by the Indemnifying Party s End User Customers regardless of whether the underlying service was provided or unbundled element was provisioned by the Indemnified Party, unless the loss was caused by the willful or intentional misconduct (including gross negligence) of the Indemnified Party. Reserved for Future Use,1.4 For purposes of Section 5., where the Parties have agreed to provision Line Sharing using a POTS Splitter: "End User" means the DSL provider End User for claims relating to DSL and the voice service provider s End User for claims relating to voice service. The indemnification provided herein shall be conditioned upon: The Indemnified Party shall promptly notify the Indemnifying Party of any action taken against the Indemnified Party relating to the indemnification. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party s ability to defend such claim.2.2 If the indemnifying Party wishes to defend against such action, it shall give written notice to the indemnified Party of acceptance of the defense of such action. In such event, the Indemnifying Party shall have sole authority to defend any such action, including the selection of legal counsel , and the Indemnified Party may engage separate legal counsel only at its sole cost and expense. In the event that the Indemnifying Party does not accept the defense of the action , the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party, In the event the Indemnified Party withholds consent, the Indemnified Party may, at its cost, take over such defense, provided that, in such event, the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Party against, any cost or liability in excess of such refused compromise or settlement. Intellectual Property 10.Except for a license to use any facilities or equipment (including software) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to telecommunications facilities and services, nothing contained within this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, trade name, trade mark, service mark trade secret, or other proprietary interest or intellectual property, now or hereafter owned controlled or licensable by either Party. Nothing in this Agreement shall be construed as the grant to the other Party of any rights or licenses to trade or service marks. 10.2 Subject to Section 5., each Party (the Indemnifying Party) shall indemnify and hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense September 13, 2006/ccd/lD Qwest/MCI Negotiated Agreement CDS -060830-0001 - 36- Section 5 Terms and Conditions or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. addition to being subject to the provisions of Section 5., the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event of any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Party may request that the Indemnified Party take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services , and such request shall not be unreasonably denied, 10.To the extent required under applicable federal and state law, Qwest shall use its best efforts to obtain, from its vendors who have licensed intellectual property rights to Qwest in connection with facilities and services provided hereunder, licenses under such intellectual property rights as necessary for GLEG to use such facilities and services as contemplated hereunder and at least in the same manner used by Qwest for the facilities and services provided hereunder. Qwest shall notify GLEG immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 10.Qwest covenants that it will not enter into any licensing agreements with respect to any Qwest facilities, equipment or services, including software, that contain provisions that would disqualify GLEG from using or interconnecting with such facilities equipment or services, including software, pursuant to the terms of this Agreement. Qwest warrants and further covenants that it has not and will not knowingly modify any existing license agreements for any network facilities, equipment or services, including software , in whole or in part for the purpose of disqualifying GLEC from using or interconnecting with such facilities, equipment or services, including software, pursuant to the terms of this Agreement. To the extent that providers of facilities, equipment, services or software in Qwest's network provide Qwest with indemnities covering intellectual property liabilities and those indemnities allow a flow-through of protection to third parties, Qwest shall flow those indemnity protections through to GLEG.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual property right now or hereafter owned, controlled or licensable by either Party. Neither Party may use any patent, copyright, logo , trademark, trade name, trade secret or other intellectual September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 37- Section 5 Terms and Conditions property rights of the other Party or its Affiliates without execution of a separate agreement between the Parties. 10.Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its End Users, provided it does not represent the Network Elements as originating from the other Party or its Affiliates in any marketing, advertising or promotional activities or materials. 10.For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Qwest pursuant to an applicable provision herein, CLEC may use the phrase CLEC is a Reseller of Qwest Services" (the "Authorized Phrase ) in CLEC's printed materials provided: 10.The Authorized Phrase is not used in connection with any goods or services other than Qwest services resold by CLEC. 10.2 CLEC's use of the Authorized Phrase does not cause End Users to believe that CLEC is Qwest. 10.The Authorized Phrase, when displayed , appears only in text form (CLEC may not use the Qwest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of CLEC's name and in no event shall exceed 8 point size. 10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to Qwest for its prior written approval. 10.If Qwest determines that CLEC's use of the Authorized Phrase causes End User confusion , Qwest may immediately terminate CLEC'right to use the Authorized Phrase, 10.Upon termination of CLEC'right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and CLEC shall immediately cease any and all such use of the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all materials in its possession or control displaying the Authorized Phrase. 10.Qwest and CLEC each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Party will do anything inconsistent with the other s ownership of their respective Marks, and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other. September 13, 2006/ccd1lD OwestiMCI Negotiated Agreement CDS -060830-0001 - 38- Section 5 Terms and Conditions 10,Upon request, for all intellectual property owned or controlled by a third party and licensed to Owest associated with the Unbundled Network Elements provided by Owest under this Agreement, either on the Effective Date or at any time during the term of the Agreement Owest shall within ten (10) business days, unless there are extraordinary circumstances which case Owest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities or equipment associated with such intellectual property, (iii) the nature of the intellectual property, and (iv) the relevant agreements or licenses governing Owest's use of the intellectual property. Except to the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license within ten (10) business days of a request by CLEC, Owest shall provide copies of any relevant agreements or licenses governing Owest's use of the intellectual property to CLEC. To the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license, Owest shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited , and (ii) exercise best efforts to cause the vendor licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions under terms and conditions equivalent to those governing access by and disclosure to Owest. Warranties 11.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL FAULTS. Assignment 12.Neither Party may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third party without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate Affiliate or an entity under its common control; without the consent of the other Party, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall ~e binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 12.In the event that Owest transfers to any party exchanges including End User Customers that CLEC serves in whole or in part through facilities or services provided by Owest under this Agreement, the transferee shall be deemed a successor to Owest's responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of completion of such transfer or until such later time as the Commission may direct pursuant to the Commission s then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Owest shall use its best efforts to facilitate discussions between CLEC and the Transferee with respect to Transferee s assumption of Owest's obligations pursuant to the terms of this Agreement. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 39- Section 5 Terms and Conditions 12.Nothing in this section is intended to restrict CLEC'rights to opt into Interconnection Agreements under 9252 of the Act. Default 13.If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) calendar Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall, nevertheless, be and remain in full force and effect. 14 Disclaimer of Agency 14.Except for provisions herein expressly authorizing a Party to act for another nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation ofthe other Party whether regulatory or contractual, or to assume any responsibility for the management of the other Party s business. 15 Severability 15.In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties will negotiate in good faith for replacement language as set forth herein. If any part of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will affect only the portion of this Agreement which is invalid or unenforceable. In all other respects, this Agreement will stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. Nondisclosure 16.All information, including but not limited to specifications, microfilm, photocopies, magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical information, data, employee records, maps, financial reports, and market data, (i) furnished by one Party to the other Party dealing with business or marketing plans End User specific, facility specific, or usage specific information, other than End User information communicated for the purpose of providing directory assistance or publication of directory database, or (ii) in written graphic, electromagnetic, or other tangible form and marked at the time of delivery as Confidential" or "Proprietary , or (iii) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) calendar Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as "Proprietary Information ), shall remain the property of the disclosing Party. Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary Information. Each Party shall have the right September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 40- Section 5 Terms and Conditions correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirty (30) Days after the information is disclosed. The receiving Party shall from that time forward , treat such information as Proprietary Information. 16.Upon request by the disclosing Party, the receiving Party shall return all tangible copies of Proprietary Information, whether written, graphic or otherwise, except that the receiving Party may retain one copy for archival purposes. 16.Each Party shall keep all of the other Party s Proprietary I nformation confidential and will disclose it on a need to know basis only. In no case shall retail marketing, sales personnel, or strategic planning have access to such Proprietary Information. The Parties shall use the other Party s Proprietary Information only in connection with this Agreement. Neither Party shall use the other Party s Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. If either Party loses, or makes an unauthorized disclosure of, the other Party s Proprietary Information, it will notify such other Party immediately and use reasonable efforts to retrieve the information. 16.4 Unless otherwise agreed , the obligations of confidentiality and non-use set forth in this Agreement do not apply to such Proprietary Information as: a) wa$ at the time of receipt already known to the receiving Party free of any obligation to keep it confidential evidenced by written records prepared prior to delivery by the disclosing Party; or Party; or is or becomes publicly known through no wrongful act of the receivingc) is rightfully received from a third person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee, agent, or contractor of the receiving Party which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; ore) is disclosed to a third person by the disclosing Party without similar restrictions on such third person s rights; or is approved for release by written authorization of the disclosing Party; or g) is required to be disclosed by the receiving Party pursuant to Applicable Law or regulation provided that the receiving Party shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 16.Nothing herein is intended to prohibit a Party from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 41 - Section 5 Terms and Conditions Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLATA services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 16.Effective Date of this Section, Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 16,Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance , in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all other remedies available at law or in equity. 16.Nothing herein should be construed as limiting either Party s rights with respect to its own Proprietary Information or its obligations with respect to the other Party s Proprietary Information under Section 222 of the Act. 16.Forecasts provided by either Party to the other Party shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal , in any form, this material other than as allowed and described in subsections 5.16.1 -and 5.16. 16.The Parties may disclose, on a need to know basis only, CLEC individual forecasts and forecasting information disclosed by Qwest, to Qwest's legal personnel in connection with their representation of Qwest in any dispute regarding the quality or timeliness of the forecast as it relates to any reason for which CLEC provided it to Qwest under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS and Collocation product managers, network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall retail marketing, sales or strategic planning have access to this forecasting information. The Parties will inform all of the aforementioned personnel with access to such Confidential Information , of its confidential nature and will require personnel to execute a nondisclosure agreement which states that, upon threat of termination, the aforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. Violations of these requirements shall subject the personnel to disciplinary action up to and including termination of employment. 16.Upon the specific order of the Commission, Qwest may provide the forecast information that CLECs have made available to Qwest under this Agreement, 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 CLEC involved, in order to allow it to prosecute such procedures to their completion. September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 42- Section 5 Terms and Conditions 16.The Parties shall maintain confidential forecasting information in secure files and locations such that access to the forecasts is limited to the personnel designated in subsection 5.16.1 above and such that no other personnel have computer access to such information. Survival 17.Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification, Confidential or Proprietary Information, limitations of liability, and any other provisions of this Agreement which, by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. Dispute Resolution 18.If any claim , controversy or dispute between the Parties, their agents, employees officers, directors or affiliated agents should arise, and the Parties do not resolve it in the ordinary course of their dealings (the "Dispute ), then it shall be resolved in accordance with this Se.ction. Each notice of default, unless cured within the applicable cure period, shall be resolved in accordance herewith. Dispute resolution under the procedures provided in this Section 5.18 shall be the preferred , but not the exclusive , remedy for all disputes between Owest and CLEC arising out of this Agreement or its breach. Each Party reserves its rights to resort to the Commission or to a court, agency, or regulatory authority of competent jurisdiction. Nothing in this Section 5.18 shall limit the right of either Owest or CLEC, upon meeting the requisite showing, to obtain provisional remedies (including injunctive relief) from a court before, during or after the pendency of any arbitration proceeding brought pursuant to this Section 5.18. However, once a decision is reached by the Arbitrator, such decision shall supersede any provisional remedy. 18.At the written request of either Party (the Resolution ,Request), and prior to any other formal dispute resolution proceedings, each Party shall within seven (7) calendar Days after such Resolution Request designate a vice-presidential level employee or a representative with authority to make commitments to review, meet, and negotiate; in good faith, to resolve the Dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations , format, frequency, duration , and conclusions of these discussions shall be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures, such as mediation, to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations shall be treated as Confidential Information developed for purposes of settlement, and shall be exempt from discovery and production, and shall not be admissible in any subsequent arbitration or other proceedings without the concurrence of both of the Parties, 18.If the vice-presidential level representatives or the designated representative with authority to make commitments have not reached a resolution of the Dispute within fifteen (15) calendar Days after the Resolution Request (or such longer period as agreed to in writing by the Parties), or if either Party fails to designate such vice-presidential level representative or their representative with authority to make commitments within seven (7) calendar Days after the date of the Resolution Request, then either Party may request that the Dispute be settled by arbitration. Notwithstanding the foregoing, a Party may request that the Dispute be settled by arbitration two (2) calendar Days after the Resolution Request pursuant to the terms of Section 18.1. In any case, the arbitration proceeding shall be conducted by a single arbitrator September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 43- Section 5 Terms and Conditions knowledgeable about the Telecommunications industry unless the Dispute involves amounts exceeding five million ($5,000,000) in which case the proceeding shall be conducted by a panel of three (3) arbitrators , knowledgeable about the Telecommunications industry. The arbitration proceedings shall be conducted under the then-current rules for commercial disputes of the American Arbitration Association (AAA) or J.A.M.S./Endispute, at the election of the Party that initiates dispute resolution under this Section 5.18. Such rules and procedures shall apply notwithstanding any part of such rules that may limit their availability for resolution of a Dispute. The Federal Arbitration Act, 9 U.C. Sections 1-16, not state law, shall govern the arbitrability of the Dispute. The arbitrator shall not have authority to award punitive damages. The arbitrator s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that the Parties, by mutual , written agreement, may change any of these arbitration practices for a particular, some, or all Dispute(s). The Party which sends the Resolution Request must notify the Secretary of the Commission of the arbitration proceeding within forty-eight (48) hours of the determination to arbitrate. 18.All expedited procedures prescribed by the AAA or J.A.M,S./Endispute rules, as the case may be, shall apply to Disputes affecting the ability of a Party to provide uninterrupted, high quality services to its End User Customers, or as otherwise called for in this Agreement. A Party may seek expedited resolution of a Dispute if the vice-presidential level representative , or other representative with authority to make commitments, have not reached a resolution of the Dispute within two (2) calendar Days after the Resolution Request. In the event the Parties do not agree that a service affecting Dispute exists, the Dispute resolution shall commence under the expedited process set forth in this Section 5.18., however, the first matter to be addressed by the Arbitrator shall be the applicability of such process to such Dispute. 18,There shall be no discovery except for the exchange of documents deemed necessary by the Arbitrator to an understanding and determination of the dispute. Owest and CLEC shall attempt, in good faith, to agree on a plan for such document discovery. Should they fail to agree, either Owest or CLEC may request a joint meeting or conference call with the Arbitrator. The Arbitrator shall resolve any disputes between Owest and CLEC, and such resolution with respect to the need, scope, manner, and timing of discovery shall be final and binding. 18.3 Arbitrator s Decision. 18.The Arbitrator s decision and award shall be in writing and shall state concisely the reasons for the award, including the Arbitrator s findings of fact and conclusions of law. 18.3.2 An interlocutory decision and award of the Arbitrator granting or denying an application for preliminary injunctive relief may be challenged in a forum of competent jurisdiction immediately, but no later than ten (10) business days after the appellant's receipt of the decision challenged. During the pendency of any such challenge, any injunction ordered by the Arbitrator shall remain in effect, but the enjoined Party may make an application to the Arbitrator for appropriate security for the payment of such costs and damages as may be incurred or suffered by it if it is found to have been wrongfully enjoined, if such security has not previously been ordered. If the authority of competent September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 44- Section 5 Terms and Conditions jurisdiction determines that it will review a decision granting or denying an application for preliminary injunctive relief, such review shall be conducted on an expedited basis. 18.3.4 To the extent that any information or materials disclosed in the course of an arbitration proceeding contain proprietary, trade secret or Confidential Information of either Party, it shall be safeguarded in accordance with Section 5.16 of this Agreement or if the parties mutually agree, such other appropriate agreement for the protection of proprietary, trade secret or Confidential Information that the Parties negotiate. However nothing in such negotiated agreement shall be construed to prevent either Party from disclosing the other Party information to the Arbitrator in connection with or anticipation of an arbitration proceeding, provided however that the Party seeking to disclose the information shall first provide fifteen (15) calendar Days notice to the disclosing Party so that that Party, with the cooperation of the other Party, may seek a protective order from the arbitrator. Except as the Parties otherwise agree, or as the Arbitrator for good cause orders, the arbitration proceedings, including hearings, briefs, orders, pleadings and discovery shall not be deemed confidential and may be disclosed at the discretion of either Party, unless it is subject to being safeguarded as proprietary, trade secret or Confidential Information, in which event the procedures for disclosure of such information shall apply. 18.4 Should it become necessary to resort to court proceedings to enforce a Party compliance with the dispute resolution process set forth herein, and the court directs or otherwise requires compliance herewith, then all of the costs and expenses, including its reasonable attorney fees, incurred by the Party requesting such enforcement shall be reimbursed by the non-complying Party to the requesting Party. 18.No Dispute, regardless of the form of action, arising out of this Agreement, may be brought by either Party more than two (2) years after the cause of action accrues. 18,Nothing in this Section is intended to divest or limit the jurisdiction and authority of the Commission or the FCC as provided by state and federal law. 18.In the event of a conflict between this Agreement and the rules prescribed by the AAA or J.A.M.S./Endispute , this Agreement shall be controlling, 18.This Section does not apply to any claim, controversy or dispute between the Parties, their agents, employees, officers, directors or affiliated agents concerning the misappropriation of use of intellectual property rights of a Party, including, but not limited to, the use of the trademark, tradename, trade dress or service mark of a Party. Controlling Law 19.This Agreement is offered by Qwest and accepted by CLEC in accordance with applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance with applicable federal law and the state law of Idaho. Responsibility for Environmental Contamination 20.Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any environmental hazard that either Party did not introduce to the affected work location. Both Parties shall defend and hold harmless the other, its officers September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 45- Section 5 Terms and Conditions directors and employees from and against any losses , damages, claims , demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any environmental hazard that the indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any environmental hazard for which the indemnifying Party is responsible under Applicable Law. 20.In the event any suspect materials within Owest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local , state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Owest agrees to immediately notify CLEC if Owest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment. Notices 21,Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail , return receipt requested, or by email where specified in this Agreement to Owest and CLEC at the addresses shown below: Owest Corporation Director Interconnection Agreements 1801 California , Room 2400 Denver, CO 80202 Email: intagree~qwest.com Phone: 303-965-3029 Fax: 303-896-7077 With copy to: Owest Law Department Attention: Corporate Counsel , Interconnection 1801 California Street, 10th Floor Denver, CO 80202 and to CLEC at the address shown below: MClmetro Director - National Carrier Contracts and Initiatives Attn: Peter H. Reynolds Verizon Business 22001 Loudoun County Parkway Ashburn, VA 20147 Email: peter.reynolds~verizonbusiness.com Phone: 703-886-1918 Fax: 703-886-0118 September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 46- Section 5 Terms and Conditions With copy to: MClmetro Chief Network Counsel Attn: Robert A. Peterson 113319th Street Northwest Washington , DC 20036 USA Email: robert.peterson~mci .com Phone: 202-736-6587 Fax: 202-736-6903 If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact person and/or address using the method of notice called for in this Section 5,21, Responsibility of Each Party 22,Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction , compensation and discharge of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party will be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise generated in connection with its or its contractors' or agents ' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and property, real or personal, and (ii) the acts of its own Affiliates , employees, agents and contractors during the performance of that Party s obligations hereunder. No Third Party Beneficiaries 23,The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement will not provide any Person not a Party to this Agreement with any remedy, claim, liability, reimbursement, claim of action , or other right in excess of those existing by reference in this Agreement. Reserved for Future Use. Publicity 25.Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party. Nothing in this section shall limit a Party s ability to issue public statements with respect to regulatory or judicial proceedings. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 47- Section 5 Terms and Conditions Executed in Counterparts 26.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. 27 Compliance 27.Each Party shall comply with all applicable federal, state, and local laws, rules and regulations applicable to its performance under this Agreement. Without limiting the foregoing, Owest and GLEG agree to keep and maintain in full force and effect all permits, licenses, certificates, and other authorities needed to perform their respective obligations hereunder. 28 Compliance with the Communications Assistance Law Enforcement Act of 1994 28.Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with GALEA. Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party s sole cost and expense modify or replace any equipment, facilities or services provided to the other Party under this Agreement to ensure that such equipment, facilities and services fully comply with GALEA. 29 Cooperation 29.The Parties agree that this Agreement involves the provision of Owest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance, Provisioning and Billing and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 12 of this Agreement. 30 Amendments 30.Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) calendar Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. Entire Agreement 31.This Agreement constitutes the entire agreement between Owest and GLEG and supersedes all prior oral or written agreements , representations, statements, negotiations, understandings, proposals and undertakings with respect to the subject matter hereof. Reserved for Future Use. September 13, 2006/ccd1lD QwestiMCI Negotiated Agreement CDS -060830-0001 48 - Section 6 Resale Section 6.0 - RESALE Description Qwest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers , subject to the terms and conditions of this Section. All Qwest retail Telecommunications Services are available for resale from Qwest pursuant to the Act and will include terms and conditions (except prices) in Qwest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling, While this Section 6.0 of this Agreement addresses the provision of certain Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest CLEC shall make its Telecommunications Services available to Qwest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC' relevant orders and rules, and the Commission s relevant orders and rules. Certain Qwest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. Terms and Conditions Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC' location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. Services available for resale under this Agreement may be resold only to the same class of End User to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End Users, with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. Market Trials of ninety (90) Days or less are not available for resale. Residential services and Lifeline/Link-up services are available only to the same class of End User eligible to purchase these services from Qwest.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each Local Exchange Service line resold by CLEC whenever E911/911 service would be provided September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 49- Section 6 Resale on the same line if provided by Qwest to a Qwest retail End User. 5 Non-Telecommunications Services, such as maintenance, calling cards and CPE, are not available for resale. inside wiring and Voice messaging service is available for resale at the retail rate with no discount. Enhanced services and Information Services other than voice messaging are not available for resale. Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs , price lists , or other retail Telecommunications Services offerings will apply to resale of CSAs including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving a Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End Users in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. Grandfathered services are available for resale by CLEC to existing End Users of the grandfathered product or service. Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. Where a common block is applicable, a Centrex system defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with .multiple common blocks within the same Central Office Switch may have Network Access Register and Private Facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (Le. Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one location and may provide station lines to multiple locations. Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities , typically in a basement September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 50- Section 6 Resale equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. A CLEC with multiple buildings within contiguous property (campus) will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by a single CLEC and not separated by public thoroughfare, river or railroad rights-of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. A CLEC with Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Centrex CLEC system to a single GLEC serving location for rating purposes. CLEC may not specify a Central Office as a CLEC location for the termination of Centrex station lines.10 Private line service used for Special Access is available for resale but not at a discount. Reserved for Future Use.12 Telecommunications Services provided directly to CLEC for its own use and not resold to End Users must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates , other Resellers, and Qwest's retail End Users. Qwest shall also provide resold services to CLEC in accordance with the Commission s retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to provide service to CLEC , subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: Qwest shall provide service credits to CLEC for resold services in accordance with the Commission s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following:a) Qwest's service credits to CLEC shall be subject to the wholesale discount;b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; Intentionally Left Blank. Intentionally Left Blank. September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 51 - Section 6 Resalee) In no case shall Owest's credits to CLEC exceed the amount Owest would pay a Owest End User under the service quality requirements, less any wholesale discount applicable to CLEC's resold services; andf) In no case shall Owest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. Fines and Penalties - Owest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission retail service requirements that apply to Owest retail services, if any. Such credits shall be limited in accordance with the following:a) Owest's fines and penalties paid to CLEC shall be subject to the wholesale discount;b) Owest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Owest is not required to pay fines and penalties for service failures that are the fault of CLEC; Reserved for Future Use.d) In no case shall Owest's fines and penalties to CLEC exceed the amount Owest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC's resold services; ande) In no case shall Owest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident.2.4 In the event that there are existing agreements between CLEC and Owest for resale under Owest retail Tariff discounts, CLEC may elect to continue to obtain services for resale under the existing agreements and retail Tariff discounts, or CLEC may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. Reserved for Future Use. The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. Owest will accept at no charge one primary white pages directory listing for each main telephone number belonging to CLEC's End User based on End User information provided to Owest by CLEC. Owest will place CLEC's End Users' listings in Owest's Directory Assistance Database and will include such listings in Owest's Directory Assistance Services. Additional terms and conditions with respect to directory listings are described in the Ancillary Services Section and the Owest Dex Section of this Agreement. Owest shall provide to CLEC, for CLEC's End Users, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be responsible for any failure of CLEC to provide accurate End User information for listings in any databases in which Owest is required to retain and/or maintain such information. Owest shall provide CLEC's End September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 52- Section 6 Resale User information to the Automatic Location Identification/Database Management System (All/OMS). Qwest shall use its standard process to update and maintain CLEC's End User service information in the All/OMS used to support E911/911 services on the same schedule that it uses for its retail End Users, Qwest assumes no liability for the accuracy of information provided by CLEC. If Qwest provides and CLEC accepts Qwest's Directory Assistance Services or operator services for CLEC's resold Local Exchange Service lines, such directory assistance eF and operator services may be provided with branding as provided in this Agreement in Sections 10.5 for Directory Assistance Services, and 10.7 for operator services.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End Users for InterLATA and IntraLATA services. CLEC and Qwest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC change requests, and CLEC shall disclaim any liability for Qwest's improper InterLATA (when applicable) and IntraLATA PIC change requests.11 When End Users switch from Qwest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different Central Office, such End Users shall be permitted to retain their current telephone numbers if they so desire.12 In the event Qwest properly terminates the Provisioning of any resold services to CLEC for any reason CLEC shall be responsible for providing any and all necessary notice to its End Users of the termination. In no case shall Qwest be responsible for providing such notice to CLEC's End Users. Qwest will provide notice to CLEC of Qwest's termination of a resold service on a timely basis consistent with Commission rules and notice requirements.13 The underlying network provider of a resold service shall be entitled to receive from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tariff.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if CLEC requests that facilities be constructed or enhanced to provide resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to provide basic Local Exchange Service as set forth in Qwest's Tariff and Commission rules, Under such circumstances, Qwest will develop and provide to CLEC a price quote for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest retail End Users. If the quote is accepted by CLEC, CLEC will be billed the quoted price and construction will commence after receipt of payment. Rates and Charges Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 53- Section 6 Resale subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End Users, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Tariffs also apply.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC End User changes of Interexchange or IntraLATA Carriers. Any change in CLEC's End Users' Interexchange or IntraLATA Carrier must be requested by CLEC on behalf of its End User, and Qwest will not accept changes to CLEC's End Users Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. CLEC agrees to pay Qwest when its End User activates any services or features that are billed on a per use or per activation basis (e., continuous redial , last call return , call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to bill its End Users. Miscellaneous Charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End Users, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Tariff, If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates, those additional services will be added to this Agreement at the original Agreement wholesale discount rate. Qwest shall timely bill new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills CLEC amounts different from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate bill adjustments or provide appropriate bill credits on CLEC's bill(s). If rates for services resold by CLEC under this Agreement change, based on changes in Qwest's Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs, price lists , or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings,10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's End September 13, 2006/ccd/lD Owest/MCI Negotiated Agreement CDS -060830-0001 - 54- Section 6 Resale Users. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed. 6.4 Ordering Process 6.4.1 CLEC , or CLEC's agent, shall act as the single point of contact for its End Users service needs, including without limitation , sales, service design , order taking, Provisioning, change orders, training, maintenance, trouble reports , repair, post-sale servicing, Billing, collection and inquiry CLEC's End Users contacting Qwest in error will be instructed to contact CLEC; and Qwest's End Users contacting CLEC in error will be instructed to contact Qwest responding to calls, neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined , misdirected calls received by either Party will be referred to the proper provider of Local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwest's End Users who call the other Party seeking such information. 6.4.CLEC shall transmit to Qwest all information necessary for the ordering (Billing, listing and other information), installation, repair, maintenance and post-installation servicing according to Qwest's standard procedures, as described in the Qwest PCAT available on Qwest's public web site located at http://www.qwestcom/whoiesale/. Information shall be provided using Qwest's designated Local Service Request (LSR) format which may include the LSR, End User and resale forms. 6.4.Qwest will use the same performance standards and criteria for installation Provisioning, maintenance, and repair of services provided to CLEC for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End Users. The installation, Provisioning, maintenance, and repair processes for CLEC' resale service requests are detailed in the Support Functions Section of this Agreement, and are applicable whether CLEC's resale service requests are submitted via Operational SupportSystem or by facsimile. 6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User listing information including initial and updated information for Directory Assistance Services white pages directories, and E911/911 Emergency Services. The Ancillary Services Section of this Agreement contains complete terms and conditions for listings for Directory Assistance Services, white pages directories, and E911/911 Emergency Services. 6.4.If Qwest's retail End User, or the End User s new local service provider orders the discontinuance of the End User's existing Qwest service in anticipation of End User moving to a new local service provider, Qwest will render its closing bill to the End User, discontinuing Billing as of the date of the discontinuance of Qwest's service to the End User. If a CLEC that currently provides resold service to an End User, or if End User s new local service provider, orders the discontinuance of existing resold service from CLEC , Qwest will bill the existing CLEC for service through the date End User receives resold service from the existing CLEC. Qwest will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon processes when an End User moves from one CLEC to a different local service provider. Qwest will not provide CLEC with the name of the other local service provider selected by the End User. 6.4.CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 55- Section 6 Resale be identified for both CLEC and Qwest in the event special attention is required on a service~u~ 6.4.Prior to placing orders on behalf of the End User, CLEC shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the Proof of Authorization Section of this Agreement 6.4,Due Date intervals for CLEC's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its Affiliates , its subsidiaries, other Resellers, and to Qwest's retail End Users. Billing Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges for the resold services as provided herein. CLEC shall also be responsible for all Tariffed, cataloged, price listed , and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that CLEC resells to an End User under this Agreement. Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) calendar Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format as detailed in the Section 12., Billing information including (1) a summary bill, and (2) individual End User sub-account information consistent with the samples available for CLEC review. Maintenance and Repair Qwest will maintain its facilities and equipment used to provide CLEC resold services. CLEC or its End Users may not rearrange , move, disconnect or attempt to repair Qwest's facilities or equipment , including facilities or equipment that may terminate or be located at CLEC's End User s premises, other than by connection or disconnection to any interface between Qwest and the End User s facilities , without the written consent of Qwest. Maintenance and repair procedures are detailed in Section 12. Access to telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively. CLEC and Qwest will employ the procedures for handling misdirected repair calls as specified in Section 12.8 of this Agreement. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS --060830-0001 .- 56- Section 7 Interconnection Section 7.INTERCONNECTION Interconnection Facility Options This Section describes the Interconnection of Owest's network and CLEC' network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access (IntraLATA Toll) and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic. Owest will provide Interconnection at any Technically Feasible point within its network, including but not limited to, (i) the line-side of a local Switch (Le" local switching); (ii) th~ trunk side of a local Switch , (Hi) the trunk connection points for a tandem Switch , (iv) Central Office Cross Connection points, (v) out-of-band signaling transfer points necessary to exchange traffic at these points and access call-related databases, and (vi) points of access to Unbundled Network Elements, Section 9 of this Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of these Interconnection points are described in Section 7. Interconnection" is as described in the Act and refers, in this Section, to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic and exchange access traffic at points (H) and (iii) described above. Interconnection , which Owest currently names "Local Interconnection Service" (LIS) is provided for the purpose of connecting End Office Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for the exchange of Exchange Service (EAS/Local traffic); or End Office Switches to Access Tandem Switches for the exchange of Exchange Access (IntraLATA Toll) or Jointly Provided Switched Access traffic. New or continued Owest local tandem to Owest access tandem and Owest access tandem to Owest Access Tandem Switch connections are not required where Owest can demonstrate that such connections present a risk of Switch exhaust and that Owest does not make similar use of its network to transport the local calls of its own or any Affiliate s End Users. Owest will provide to CLEC Interconnection at least equal in quality to that provided to itself, to any subsidiary, Affiliate, or any other Party to which it provides Interconnection. Notwithstanding specific language in other sections of this Agreement all provisions of this Agreement regarding Interconnection are subject to this requirement. Owest will provide Interconnection under rates, terms and conditions that are just, reasonable and non-discriminatory. In addition, Owest shall comply with all state wholesale and retail service quality requirements. Methods of Interconnection The Parties will negotiate the facilities arrangement used to interconnect their respective networks. CLEC shall establish at least one Physical Point of Interconnection in Owest territory in each LATA CLEC has local Customers. The Parties shall establish, through negotiations, at least one of the following Interconnection arrangements: (1) a DS1 or DS3 Owest provided facility; (2) Collocation; (3) negotiated Mid-Span Meet POI facilities; (4) Other Technically Feasible methods of Interconnection via the Bona Fide Request (BFR) Process unless a particular arrangement has been previously provided to a third party, or is offered by Owest as a product. 1 Owest-provided Facility. Interconnection may be accomplished through the provision of a DS1 or DS3 entrance facility at any technically feasible POI of CLEC' determination. An entrance facility extends from the Owest Serving Wire Center to CLEC's Switch location or POI. Owest provided entrance facilities may not extend September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -D60830-0001 - 57- Section 7 Interconnection beyond the area served by the Owest Serving Wire Center. The rates for Owest provided entrance facilities are provided in Exhibit A. Owest's Private Line Transport service is available as an alternative to Owest provided entrance facilities, when CLEC uses such Private Line Transport service for multiple services. Entrance facilities may be used for Interconnection with Unbundled Network Elements. Collocation. Interconnection may be accomplished through the Collocation arrangements offered by Owest. The terms and conditions under which Collocation will be available are described in Section 8 of this Agreement. 1.2,3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilities between one Party s Switch and the other Party s Switch. The actual physical Point of Interface and facilities used will be subject to negotiations between the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POI. A CLEC may use remaining capability in an existing Mid-Span Meet POI to gain access to unbundled network facilities; provided that CLEC shall be obliged to compensate Owest under the terms and conditions applicable to UNEs for the portion of the facility so used. In determining such portion, the decision shall be based to the extent practicable on the guideline that the portion so determined should correspond to the nature and extent of facilities that would be required to provide access to elements in the absence of a concurrent use for Interconnection. Owest may seek appropriate relief from the Commission if it can demonstrate that this provision has been used to occasion the installation of new facilities that, while claimed necessary for Interconnection, were actually intended for UNE access. These Mid Span Meet POls will consist of facilities used for the Provisioning of one or two way 10cal/lntraLATA and Jointly Provided Switched Access Interconnection trunks , as well as miscellaneous trunks such as Mass Calling Trunks, OS/DA, 911 and including any dedicated DS 1, DS3 transport trunk groups used to provision originating CLEC traffic. The Mid-Span Fiber Meet architecture requires each Party to own its equipment on its side of the Point of Interconnection (POI). CLECs may designate Mid Span Fiber Meet as the target architecture , except in scenarios where it is not Technically Feasible or where the Parties disagree on midpoint location. In a Mid-Span Fiber Meet the Parties agree to establish technical interface specifications for Fiber Meet arrangements that permit the successful Interconnection and completion of traffic routed over the facilities that interconnect at the Fiber Meet. CLEC is responsible for providing at its location the Fiber Optic Terminal (FOT) equipment, multiplexing, and fiber required to terminate the optical signal provided by Owest. Owest is responsible for providing corresponding FOT(s), multiplexing, and fiber required to terminate the optical signal provided by CLEC. The Parties shall, wholly at their own expense, procure, install and maintain the FOT(s) in each of their locations where the Parties establish a Fiber Meet with capacity sufficient to provision and maintain all trunk groups. The Parties shall mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s and DS3s necessary for transport of forecasted local Interconnection trunking. Each Party will also agree upon the optical frequency September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 58- Section 7 Interconnection and wavelength necessary to implement the Interconnection. 2.4 Intentionally Left Blank. Qwest agrees to provide local Interconnection trunk diversity to the same extent it does so in Qwest's local network, Exchange of Traffic Description This Section 7.2 addresses the exchange of traffic between CLEC' network and Qwest's network. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective Tariffs or contractual offerings for such third party terminations. Unless otherwise agreed to by the Parties, via an amendment to this Agreement, the Parties will directly exchange traffic between their respective networks without the use .of third party transit providers. The traffic types to be exchanged under this Agreement include: EAS/Local Exchange Service (EAS/Local) traffic as defined in this Agreement. IntraLATA Toll Exchange Access (IntraLATA Toll) traffic as defined in this Agreement. Jointly Provided Switched Access traffic is defined in Section 1. Jointly Provided Switched Access is associated with Meet Point Billing.2.4 Transit traffic is any traffic that originates from one Telecommunications Carrier s network, transits another Telecommunications Carrier s network, and terminates to yet another Telecommunications Carrier network. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access, Transit service is provided by Qwest, as a local and access tandem provider, to CLEC to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC, an existing LEC, or a wireless Carrier), which is connected to Qwest's local or access tandems. To the extent that CLEC's Switch functions as a local or Access Tandem Switch , as defined in this Agreement, CLEC may also provide transit service to Qwest. Traffic having special Billing or trunking requirements includes, but is not limited to, the following: Directory Assistance; 911/E911 ; Operator busy line interrupt and verify; and September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 59- Section 7 Interconnection Toll free services; ISP-bound traffic. Terms and Conditions Transport and Termination of Exchange Service (EAS/Local) Traffic Exchange Service (EAS/Local) traffic will be terminated as Local Interconnection Service (LIS). As negotiated between the Parties, the transport of Exchange Service (EAS/Local) traffic may occur in several ways: One-way or two-way trunk groups may established. However, if either Party elects to provision its own one-way trunks for delivery of Exchange Service (EAS/Local) traffic to terminated on the other Party s network, the other Party must also provision its own one-way trunks to the extent that traffic volumes warrant. To the extent there is a dispute, Section 5.18 applies. CLEC may purchase transport services from Qwest or from a third party, including a third party that has leased the Private Line Transport Service facility from Qwest. Such transport provides a transmission path for the LIS trunk to deliver the originating Party Exchange Service EAS/Local Traffic to the terminating Party s end office or tandem for call termination. Transport may be purchased from Qwest as tandem routed (Le., tandem switching, tandem transmission and direct trunked transport) or direct routed (Le., direct trunked transport). This Section is not intended to alter either Party s obligation under Section, 251 (a) of the Act. When either Party utilizes the other Party s tandem Switch for the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS) between the originating Party s End Office Switch delivered to the other Party tandem Switch for delivery to one of the other Party s End Office Switches, the originating Party will order a direct trunk group to the other Party s end office. To the extent that CLEC has established a Collocation arrangement at a Qwest end office location , and has available capacity, CLEC may, at its sole option, provide two-way direct trunk facilities from that end office to CLEC's Switch.1.4 LIS ordered to a tandem will be provided as direct trunked transport between the Serving Wire Center of CLEC's POI and the tandem. Tandem transmission rates, as specified in Exhibit A of this Agreement, will apply to the transport provided from the tandem to Qwest's end office. Qwest will provide Direct Trunked Transport LATA-wide where facilities are available. If Direct Trunked Transport is greater than fifty (50) miles in length , and existing facilities are not available in either Party s network, and the Parties cannot agree as to which Party will provide the facility, the Parties will construct facilities to a mid-point of the span, or Qwest will construct the entire September 13, 2006/ccd/lD QwestiMCI Negotiated Agreement CDS -060830-0001 - 60- Section 7 Interconnection span and CLEC will pay one half (1/2) the expense of the entire span. Regardless of the number of Location Routing Numbers (LRNs) used by a CLEC in a LATA, Qwest will route traffic destined for CLEC Customers via direct trunking where direct trunking has been established. In the event that direct trunking has not been established, such traffic shall be routed via a Qwest tandem. Exchange Access (IntraLATA Toll) Traffic Exchange Access (lntraLATA Toll) traffic shall be delivered to Qwest at the access tandem or via separate trunks to Qwest's end office(s), as designated by CLEC. Transit Traffic Qwest will accept traffic originated by CLEC for termination to another CLEC, existing LEC or wireless Carrier that is connected to Qwest's local and/or access tandems, Qwest will also terminate traffic from these other Telecommunications Carriers to CLEC. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. To the extent Technically Feasible, the Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 Protocol and the appropriate ISUPITCAP' messages to facilitate full Interoperability and Billing functions. The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. In the case of Exchange Access (lntraLATA Toll) traffic where Qwest is the designated IntraLATA Toll provider for existing LECs, Qwest will be responsible for payment of appropriate usage rates.3.4 When Qwest receives an unqueried call from CLEC to a number that has been ported to another local services provider, the transit rate will apply.2.4 Jointly Provided Switched Access. The Parties will use industry standards developed to handle the Provisioning and Billing of jointly provided switched access (MECAB, MECOD, and the Parties' FCC and state access Tariffs). Each Party will bill the IXC the appropriate portion of its Switched Access rates. Qwest will also provide the one-time notification to CLEC of the Billing name, Billing address and Carrier identification codes of the IXCs subtending any access tandems to which CLEC directly connects. This type of traffic is discussed separately in this Section. Interface Code Availability. Supervisory signaling specifications, and the applicable network channel interface codes for LIS trunks can be found in the Qwest Technical Publication for Local Interconnection Service 77398. Switching Options. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 61 - Section 7 Interconnection SS7 Out of Band Signaling. SS7 Out of Band Signaling is available for LIS trunks. SS7 Out of Band Signaling must be requested on the order for the new LIS trunks. Common Channel Signaling Access Capability Service may be obtained through the following options: (a) as set forth in this Agreement at Section 9.6 or 9.13; (b) as defined in the Owest FCC Tariff #1, Section 20; or (c) from a third party signaling provider. Each of the Parties, Owest and CLEC, will provide for Interconnection of their signaling network for the mutual exchange of signaling information in accordance with the industry standards as described in Telcordia documents, including but not limited to GR- 905 CORE, GR-954 CORE , GR-394 CORE and Owest Technical Publication 77342.6.2 Clear Channel Capability. Clear Channel Capability (64CCC) permits 24 OSO-64 Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 Out-of- Band Signaling. 64CCC must be requested on the order for the new LIS trunks. Owest will provide CLEC with a listing of Owest Switches fully capable of routing 64CCC traffic through the Owest website: http://www.qwestcom/disclosures. Where available to Owest, Owest will provide CLEC with the same 64CCC on an alternate route or if necessary via an overlay network. MF Signaling. Interconnection trunks with MF signaling may be ordered by CLEC if the Owest Central Office Switch does not have SS7 capability, Measurement of terminating Local Interconnection Service (LIS) minutes begins when the terminating LIS entry Switch receives answer supervision from the called End User s end office indicating the called End User has answered. The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry Switch receives disconnect supervision from either the called End User s end office, indicating the called End User has disconnected, or CLEC'Point of Interconnection , whichever is recognized first by the entry Switch. This is commonly referred to as "conversation time." The Parties will only charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of use are aggregated at the end of the Billing cycle by end office and rounded to the nearest whole minute, LIS Forecasting Both CLEC and Owest shall work in good faith to define a mutually agreed upon forecast of LIS trunking. Both Parties shall have the obligation to participate in joint planning meetings at semi-annual intervals to establish trunk design and Provisioning requirements. The Parties agree to provide mutual trunk forecast information to ensure End User call completion between the Parties' networks. Such forecasts shall be for LIS trunking that impacts the Switch capacity and facilities of each Party. Owest shall provide trunk group specific projections to CLEC on or before the date of the joint planning meeting. 7.2.Switch capacity growth requiring the addition of new switching modules may require six (6) months to order and install. To align with the September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS --060830-0001 - 62- Section 7 Interconnection timeframe needed to provide for the requested facilities, including engineering, ordering, installation and make ready activities, the Parties will utilize Owest standard forecast timelines, as defined in the standard Owest LIS Trunk Forecast Forms for growth planning. For capacity growth, Owest will utilize CLEC semi- annual forecasts and near-term demand submitted on Unforecast Demand Notification Forms to ensure availability of Switch capacity.8.4 Each Party will utilize the forecast cycle outlined on the Owest LIS Trunk Forecast Forms, which stipulates that forecasts be submitted on a semi-annual basis. The forecast will identify total trunking requirements for a two (2) year period. From the semi-annual close date as outlined in the forecast cycle, the receiving Party will have one (1) month to determine network needs and place vendor orders which may require a six (6) month interval to complete the network build. Seven (7) months after submission of the forecast, Owest will have the necessary capacity in place to meet orders against the forecast. For ordering information see Section 7.4. See also Section 7. Both Parties will follow the forecasting and Provisioning requirements of this Agreement for the appropriate sizing of trunks, and use of direct end office vs. tandem routing. See Section 7. LIS Forecasting Deposits: In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months, trunks- required is less than fifty percent (50%) of trunks in service, Owest will make capacity available in accordance with the lower forecast. Three (3) weeks after a forecasting cycle, Owest will provide CLEC feedback in the form of a potentially lower forecast. In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months, trunks-required is less than fifty percent (50%) of trunks in service each month, Owest will make capacity available in accordance with the higher forecast if CLEC provides Owest with a deposit according to the following terms. As to the difference between the lower and higher forecast, Owest reserves the right to require, prior to construction, a refundable deposit of up to one hundred percent (100%) of the trunk-group specific estimated cost to provision the new trunks, if CLEC's trunk state wide average utilization over the prior eighteen (18) months is less than fifty percent (50%) of trunks in service each month. Owest will return the deposit if GLEC's state-wide average trunks in service to trunk usage (utilization) ratio exceeds fifty percent (50%) within six (6) months of the forecasting period to which the deposit applies. If CLEC does not achieve the fifty percent (50%) utilization within six (6) months, Owest will retain a pro-rata portion of the deposit to cover its capital cost of Provisioning. The pro-rata shall assume a full refund when the state-wide average utilization ratio meets or exceeds fifty percent (50%) for one of the six (6) months following receipt of deposit. The pro-rata assumes half (1/2) of the deposit is refunded when the highest state-wide average utilization ratio for anyone of the six (6) months after receipt of deposit is twenty-five percent (25%). In the event Owest does not have available facilities to provision Interconnection trunking orders that CLEC forecasted and for which CLEG provided a September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 63- Section 7 Interconnection deposit, Owest will immediately refund a pro rata portion of the deposit associated with its facility shortfall. Ancillary trunk groups, such as mass calling, are excluded from the ratio. Where there is a reasonably reliable basis for doing , Owest shall include in the trunks-required calculation any usage by others, including but not limited to Owest itself, of facilities for which that CLEC has made deposit payments. Owest shall not be required to credit such usage more than once in all the trunks-required calculations it must make for all CLECs in the relevant period. Joint planning meetings will be used to bring clarity to the process. Each Party will provide adequate information associated with the awes! LIS Trunk Forecast Forms in addition to its forecasts. No later than two (2) weeks prior to the joint planning meeting, the Parties shall exchange information to facilitate the planning process. Both Parties shall provide information on major network projects anticipated for the following year that may impact the other Party s forecast or Interconnection requirements. Owest shall provide CLEC a report reflecting then current spare capacity at each Owest Switch that may impact the Interconnection traffic. Owest shall also provide a report reflecting then current blocking of local direct and alternate final trunk groups, Interconnection and non-Interconnection alike. CLEC will be provided Interconnection trunk group data on its own trunks. Owest shall also provide a report reflecting tandem-routed Interconnection trunking that has exceeded 512BHCCS. The information is proprietary, provided under non-disclosure and is to be used solely for Interconnection network planning. In addition to the above information , CLEC shall provide: Completed Owest LIS Trunk Forecast Forms; and Any planned use of an alternate tandem provider. In addition to the above information, the following informationwill be available through the Local Exchange Routing Guide or the Interconnections (ICONN) Database. The LERG is available through Telcordia. ICONN is available through the Owest Web site. Owest Tandems and Owest end offices (LERG); CLLI codes (LERG); Business/Residence line counts (ICONN); Switch type (LERG or ICONN); and Current and planned Switch generics (ICONN). Owest will notify CLEC six (6) months prior to LERG amendment, the anticipation of a new local tandem Switch. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 64- Section 7 Interconnection10 Qwest Network Disclosure of deployment information for specific technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on Qwest's web site, http://www.qwesLcom/disciosures.11 When appropriate. Qwest will notify CLEC through the Qwest Trunk Group Servicing Request (TGSR) process of the need to take action and place orders in accordance with the forecasted trunk requirements, CLEC shall respond to the TGSR within ten (10) business days of receipt. The following terms shall apply to the forecasting process: 12.CLEC forecasts shall be provided to Qwest as detailed in the standard Trunk Forecast Form; 12.CLEC forecasts provided to Qwest, information provided by CLEC to Qwest outside of the normal forecasting process to modify the forecast, and forecasting information disclosed by Qwest to CLEC shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal , in any form, this material other than as allowed and described in subsections 5.16.1 and 5.16. 12.Intentionally Left Blank, 12.4 Intentionally Left Blank.13 If a trunk group is consistently utilized (trunks required over trunks in service) at less than fifty percent (50%) of rated busy hour capacity each month of any consecutive three (3) month period, Qwest will notify CLEC of Qwest's desire to resize the trunk group. Such notification shall include Qwest's information on current utilization levels. If CLEC does not submit an ASR to resize the trunk group within thirty (30) calendar days of the written notification, Qwest may reclaim the unused facilities and rearrange the trunk group. When reclamation does occur, Qwest shall not leave the trunk group with less than twenty-five percent (25%) excess capacity. Ancillary trunk groups are excluded from this treatment. Intentionally Left Blank.15 Each Party shall provide a specified point of contact for planning, forecasting and trunk servicing purposes.16 Interconnection facilities provided on a route that involves extraordinary circumstances may be subject to the Construction Charges, as detailed in Section 19 of this Agreement. When Qwest claims extraordinary circumstances exist, it must apply to the Commission for approval of such charges by showing that CLEC alone is the sole cause of such construction. Qwest shall initiate such proceeding within ten (10) calendar days of notifying CLEC in writing that it will not construct the requested facilities, or within ten (10) calendar days of notice from CLEC in writing that Qwest must either commence construction of the facilities or initiate such proceeding with the Commission. In this proceeding, Qwest shall not object to using the most expeditious procedure September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 65- Section 7 Interconnection available under state law, rule or regulation. Qwest shall be relieved of its obligation of constructing such facilities during the pendency of the proceeding before the Commission. If the Commission approves such charges , Qwest and CLEC will share costs in proportion to each Party s use of the overall capacity of the route involved. Qwest and CLEC may also choose to work in good faith to identify and locate alternative routes that can be used to accommodate CLEC forecasted build. Extraordinary circumstances include , but are not limited to natural obstructions such as lakes, rivers, or steep terrain, and legal obstructions such as governmental , federal, Native American or private rights of way. The standard Qwest forecast period of six (6) months may not apply under these circumstances. Construction Charges shall not apply in the event that construction is an augment of an existing route. Trunking Requirements The Parties will provide designed Interconnection facilities that meet the same technical criteria and service standards, such as probability of blocking in peak hours and transmission standards, in accordance with current industry standards, state requirements and standards provided for in the ROC and incorporated herein by reference. 7.2,Qwest shall provide monthly reports to CLEC on all Interconnection trunk groups and quarterly reports on all interoffice trunk groups carrying EAS/local traffic between Qwest tandem Switches and Qwest End Office Switches. The reports will contain busy hour traffic data, including but not limited to, overflow and the number of trunks in each trunk group. Reserved for Future Use. Separate trunk groups may be established based on Billing, signaling, and network requirements. The following is the current list of traffic types that require separate trunk groups, unless specifically otherwise stated in this Agreement.a) Directory assistance trunks (where the Switch type requires separation from operator services trunks); 911/E911 trunks; c) Operator services trunks (where the Switch type requires separation from directory assistance trunks); and Mass calling trunks, if applicable, Exchange Service (EAS/local), Exchange Access (IntraLATA toll carried solely by Local Exchange Carriers) and Jointly Provided Switched Access (lnterLATA and IntraLATA toll involving a third-party IXC) may be combined in a single LIS trunk group or transmitted on separate LIS trunk groups. If traffic is combined, Section 9 of this Agreement applies. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 66- Section 7 Interconnection Exchange Service (EAS/Local) traffic shall not combined with Switched Access, not including Jointly Provided Switched Access, on the same trunk group, i.e. EAS/Local may not be combined with FGD to a awest Access Tandem Switch and/or End Office Switch.9.4 Trunk group connections will be made at a DS1 or multiple DS1 level for exchange of EAS/Local , and IntraLATA Toll/Jointly Provided Switched Access traffic. Directory Assistance, 911/E911 , Operator busy line interrupt and verify; and toll free service trunk groups may be made below a DS1 level, as negotiated. The Parties will provide Common Channel Signaling (CCS) to one another in conjunction with all trunk circuits, except as provided below.a) The Parties will provision all trunking using SS7/CCS capabilities, Redundant MF signaling networks will not be provided unless specifically called for in this Agreement. Exceptions to this arrangement would be limited to operator services trunking, directory assistance trunking, 911 trunking and any others currently available in the awest network only on MF signaling. awest will not require a Bona Fide Request to accomplish Interconnection with a awest Central Office Switch not currently equipped for SS7 and where MF signaling is used. When the SS7/CCS option becomes available in the awest network for said trunking, the Parties will provision new trunks using SS7. In addition, the Parties will jointly work to convert existing trunking to SS7 , as appropriate; and b) When the Parties interconnect via CCS for Jointly Provided Switched Access Service, the tandem provider will provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. CLEC may interconnect at either the awest local Tandem Switch or the awest Access Tandem Switch for the delivery of local exchange traffic. When CLEC is interconnected at the Access Tandem Switch and where there would be a DS1's worth of local traffic (512 CCS) between CLEC's Switch and those awest End Offices subtending a awest local Tandem Switch, CLEC will order a direct trunk group to the awest local Tandem Switch. If the request for Interconnection will raise the POI to a level of exhaust, awest may temporarily decline Interconnection at that point. If awest temporarily declines Interconnection at a point due to exhaust, awest shall provide the timeframe within which expansion will allow Interconnection, the anticipated cost of such Interconnection , and available alternatives to the requested Interconnection. If there is sufficient volume to justify a connection to a local tandem , awest may require such connection, but for no more than the price of interconnection with the access tandem. To the extent awest is using a specific end office to deliver limited tandem switching functionality to itself, a wireless service provider another CLEC, or another ILEC, it will arrange the same trunking for CLEC. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 67- Section 7 Interconnection Alternate Traffic Routing. If CLEC has a LIS arrangement which provides two (2) paths to a Qwest end office (one (1) route via a tandem and one (1) direct route), CLEC may elect to utilize alternate traffic routing. CLEC traffic will be offered first to the direct trunk group (also referred to as the "primary high" route) and then overflow to the tandem group (also referred to as the "alternate final" route) for completion to Qwest end offices. 9 Host-Remote. When a Qwest Wire Center is served by a remote End Office Switch, CLEC may deliver traffic to the host Central Office or to the tandem. CLEC may deliver traffic directly to the remote End Office Switch only to the extent Qwest has arranged similar trunking for itself or others. For remote Switches that currently lack direct trunking capability, Qwest will accept Bona Fide Requests for trunk-side access. Testing 10,Acceptance Testing. At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters. 7.2.10.Testing Capabilities 10.2.LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), milliwatt (102 type), nonsynchronous or synchronous automatic transmission measuring (105 type), data transmission (107 type), loop-around, short circuit, open circuit, and non-inverting digital loopback (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 10.In addition to LIS acceptance testing, other tests are available (e., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing) at the applicable Qwest Tariff rates, Testing fees will be paid by CLEC when requesting this type of testing. 10.Repair Testing. At the time of repair of a LIS trunk group, at no additional charge, tests will be performed to ensure that the service is operational and meets the applicable technical parameters,11 Mileage Measurement. Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. Reciprocal Compensation Interconnection Facility Options The Reciprocal Compensation Provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where September 13, 2006/ccd/ID QwestiMCI Negotiated Agreement CDS -060830-0001 - 68- Section 7 Interconnection either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate charges pursuant to its respective Tariff or Price Lists. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective Tariffs, Price Lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers, Entrance Facilities Recurring and nonrecurring rates for Entrance Facilities are specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by LIS. If CLEC chooses to use an existing facility purchased as Private Line Transport Service from the state or FCC Access Tariffs, the rates from those Tariffs will apply. If the Parties elect to establish LIS two-way trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way facilities shall be shared among the Parties by reducing the LIS two-way EF rate element charges as follows: The provider of the LIS two-way Entrance Facility (EF) will initially share the cost of the LIS two-way EF by assuming an initial relative use factor of fifty percent (50%) for a minimum of one quarter. The nominal charge to the other Party for the use of the EF, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non-ISP-bound traffic to substantiate a change in that factor. If either Party demonstrates with non-ISP-bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fifty percent (50%), the Parties will retroactively true up first quarter charges. Once negotiation of a new factor is finalized, the bill reductions and payments will apply going forward, for a minimum of one quarter. Traffic delivered to Enhanced Service providers is interstate in nature. Collocation See Section 8. Intentionally Left Blank. Direct Trunked Transport other Party. Either Party may elect to purchase Direct Trunked Transport from the September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 69- Section 7 Interconnection Direct Trunked Transport (DTT) is available between the Serving Wire Center of the POI and the terminating Party s Tandem or End Office Switches. The applicable rates are described in Exhibit A. DTT facilities are provided as dedicated DS3, DS 1 or DSO facilities. When DTT is provided to a local or access tandem for Exchange Service (EAS/local traffic), or to an access tandem for Exchange Access (IntraLATA Toll), or Jointly Provided Switched Access traffic, the applicable DTT rate elements apply between the Serving Wire Center and the tandem. Additional rate elements for delivery of traffic to the terminating end office are Tandem Switching and Tandem Transmission. These rates are described below. . '---- Mileage shall be measured for DTT based on V&H coordinates between the Serving Wire Center and the local/access tandem or end office.1.4 Fixed Charges per DSO, DS1 or DS3 and per mile charges are defined for DTT in Exhibit A of this Agreement. If the Parties elect to establish LIS two-way DTT trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT facilities shall be shared among the Parties by reducing the LIS two-way DTT rate element charges as follows: The provider of the LIS two-way DTT facility will initially share the cost of the LIS two-way DTT facility by assuming an initial relative use factor of fifty percent (50%) for a minimum of one quarter. The nominal charge to the other Party for the use of the DTT facility, as described in Exhibit A , shall be . reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non ISP-bound traffic to substantiate a change in that factor. If either Party demonstrates with non ISP-bound traffic data that actual minutes of use during the first quarter justify a relative use factor other than fifty percent (50%), the Parties will retroactively true up first quarter charges. Once negotiation of new factor is finalized, the bill reductions and payments will apply going forward, for a minimum of one quarter. ISP-bound traffic is interstate in nature. Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available at rates described in Exhibit A. Trunk Nonrecurring charges Installation non-recurring charges may be assessed by the provider for each LIS trunk ordered. Qwest rates are specified in Exhibit 3.2 Nonrecurring charges for rearrangement may be assessed by the provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates specified in Exhibit A. September 13, 2006/ccd/ID QwestiMCI Negotiated Agreement CDS -060830-0001 - 70- Section 7 Interconnection Exchange Service (EAS/Local) Traffic 3.4.End Office Call Termination 3.4.The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 3.4.For purposes of call termination, CLEC Switch( es) shall be treated as End Office Switch(es) unless CLEC's Switch(es) meet the definition of a Tandem Switch in this Agreement in the Definitions Section. 3.4.Reserved for Future Use. 3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party network. 3.4.Tandem Switched Transport 3.4.For traffic delivered through a Qwest or CLEC tandem Switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, 3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 3.4.2.When a Party terminates traffic to a remote Switch, tandem transmission rates will be applied for the V & H mileage between the host Switch and the remote Switch when the identity of each is filed in the NECA 4 Tariff. 3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest Central Office within the EAS/Local calling area , and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 3.4.2.4,To determine the responsible originating Carrier of unqueried calls for purposes of identification of the Carrier to bill LNP query charges, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF. 3.4.Intentionally Left Blank. 3.4.4 CLEC may choose one (1) of the following two (2) options for the exchange of traffic subject to 9251 (b)(5) of the Act ("9251 (b)(5) Traffic (See Exhibit J): 3.4.4.The rates applicable to 9251 (b )(5) Traffic between Qwest and September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 71 - Section 7 Interconnection CLEC shall be the same as the rates established for ISP-bound traffic pursuant to Section 7.2. 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. 3.4.4.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 compensate one another at the appropriate rates and in a prompt manner (See 97,6). Miscellaneous Charges Cancellation charges will apply to cancelled LIS trunk orders, based upon the critical dates, terms and conditions in accordance with the Access Service Tariff Section 5., and the Trunk Nonrecurring Charges referenced in this Agreement. Expedites for LIS trunk orders are allowed only on an exception basis with executive approval within the same timeframes as provided for other designed services. When expedites are approved, expedite charges will apply to LIS trunk orders based on rates , terms and conditions described in Exhibit A. Intentionally Left Blank, ISP-bound Traffic Qwest elects to exchange ISP-bound traffic at the FCC ordered rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14 , 2001. While the subsections of this Section 7.6 reference dates that precede the Effective Date, the Parties agree that the terms of such subsections apply on a prospective basis, commencing with the Effective Date. If the Parties were exchanging traffic prior to the Effective Date, then for such period prior to the Effective Date, the Parties agree to be bound by the terms and conditions of the FCC ISP order as such order applies to the Interconnection agreement (i) that was in effect between the Parties when such order was adopted, and (ii) pursuant to which the Parties were exchanging such traffic. The following usage-based compensation applies if Qwest and CLEC were exchanging traffic pursuant to an Interconnection agreement as of the FCC' adoption of the FCC ISP Order, April 18, 2001: Identification of ISP-bound traffic -- The Parties will presume traffic delivered to a Party that exceeds a 3:1 ratio of terminating to originating traffic is ISP-bound traffic. Either Party may rebut this presumption by demonstrating the factual ratio to the state Commission. 6.2.Rate Caps -- ISP-bound traffic exchanged between Qwest and CLEC will be billed in accordance a state Commission-ordered compensation rate, or as follows, whichever rate is lowest: September 13, 2006/ccdJlD QwestlMCI Negotiated Agreement CDS -060830-0001 - 72- Section 7 Interconnection Reserved for Future Use, . 7.2 $.001 per MOU for eighteen (18) months from December 14 2001 through June 13,2003.3 $.0007 per MOU from June 14, 2003 until thirty six (36) months after the effective date or until further FCC action on intercarrier compensation , whichever is later. 2.4 Intentionally Left Blank. Transit Traffic The following rates will apply: Local Transit: The applicable LIS tandem switching and tandem transmission rates at the assumed mileage contained in Exhibit A of this Agreement, apply to the originating Party. The assumed mileage will be modified to reflect actual mileage, where the mileage can be measured , based on negotiations between the Parties. IntraLATA Toll Transit: The applicable Qwest Tariffed Switched Access Tandem Switching and tandem transmission rates apply to the originating CLEC or LEC, The assumed mileage contained in Exhibit A of this Agreement shall apply. Jointly Provided Switched Access: The applicable Switched Access rates will be billed by the Parties to the IXC based 011 MECAB guidelines and each Party s respective FCC and state access Tariffs. Signaling Parameters: Qwest and CLEC are required to provide each other the proper signaling information (e., originating call party number and destination call party number, etc.) to enable each Party to issue bills in a complete and timely fashion. All CCS signaling parameters will be provided including Calling Party Number (CPN), originating line information (OLl), calling party category, Charge Number, etc. All privacy indicators will be honored. If CLEC fails to provide CPN (valid originating information), and cannot substantiate technical restrictions (Le., MF signaling) such traffic will be billed as Switched Access. Traffic sent to CLEC without CPN (valid originating information) will be handled in the following manner. The transit provider will be responsible for only its portion of this traffic, which will not exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and Exchange Access (lntraLATA Toll) traffic delivered to the other Party. Qwest will provide to CLEC, upon request, information to demonstrate that Qwest's portion of no-CPN traffic does not exceed five percent (5%) of the total traffic delivered. To the extent a Party combines Exchange Service (EAS/Local), Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Access (lnterLATA and IntraLATA calls exchanged with a third-party IXC) traffic on asingle LIS trunk group, the originating Party, at the terminating party s request will declare quarterly PLU(s). Such PLU's will be verifiable with either call summary records utilizing Calling Party Number information for jurisdictionalization or call detail samples. The terminating Party should apportion per minute of use (MOU) charges appropriately. September 13, 2006/ccd/lD QwestiMCI Negotiated Agreement CDS -060830-0001 - 73- Section 7 Interconnection Ordering 7.4.When ordering LIS, the ordering Party shall specify requirements on the Access Service Request (ASR). When the ordering Party requests facilities, routing, or optional features different than those determined to be available, the Parties will work cooperatively in determining an acceptable configuration , based on available facilities, equipment and routing plans. 7.4.For each NXX code assigned to CLEC by the NANPA, CLEC will provide Qwest with the CLLI codes of the Qwest tandems and the CLEC Point of Interface to which traffic associated with the NXX will be routed. For NXX codes assigned to existing LIS trunk groups CLEC will also provide Qwest with the Qwest assigned Two-Six Code (TGSN) to which each NXX will be routed. Information that is not currently available in the LERG may be provided viathe Routing Supplemental Form-Wireline available on the Qwest web site: http://www.qwestcom/wholesale/notices/npa nxxProcess.html. Either Party shall respond to a special request for a Supplemental Form when a single Switch is served by multiple trunk groups, 7.4.When either Party has ordered a DS3 Entrance facility or private line facility, that Party will order the appropriate DS1 facility required and identify the channels of the DS3 to be used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered a DS1 Entrance facility or private line facility, that Party will be responsible for identification of the DSO channels of the DS1 private line to be used to provide CFA. 7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will result in agreement and commitment that both parties can implement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide their best estimate of the traffic distribution to each end office subtending the tandem. 7.4,Intentionally Left Blank. 7.4.Service intervals and Due Dates for initial establishment of trunking arrangements at each new Switch location of Interconnection between the Parties will be determined on an Individual Case Basis. 7.4.Qwest will establish intervals for the provision of LIS trunks that conform to the performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any changes to the LIS trunk intervals consistent with the Change Management Process applicable to the PCA T. Operational processes within Qwest work centers are discussed as part of the Change Management Process (CMP). Qwest agrees that CLEC shall not be held to the requirements of the PCAT. 7.4.The ordering Party may cancel an order at any time prior to notification that service is available. If the ordering Party is unable to accept service within thirty (30) calendar Days after the Service Date, the provider has the following options: The order will be canceled; cancellation charges as noted in 7.1 apply unless mutually agreed to by the Parties; Reserved for Future Use; and September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 74- Section 7 Interconnection Billing for the service will commence. In such instances, the cancellation date or the date Billing is to commence, depending on which option is selected , will be the 31st calendar Day beyond the Service Date. 7.4.There are two types of trunking orders - forecasted and unforecasted. Intervals for unforecasted orders shall be separately negotiated , and will depend on the availability of spare facilities. Forecasted orders will generally be installed pursuant to the intervals in Exhibit.C, In the event of a dispute between the Parties on forecast quantities, CLEC may place a deposit to ensure the availability of facilities to satisfy the CLEC's forecasted trunk quantities. See Section 7,6. Deposit amounts shall be pursuant to Exhibit A, which shall be modified in compliance with the completion of the cost docket. Jointly Provided Switched Access Services Jointly Provided Switched Access Service is defined and governed by the FCC and State Access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. Owest will agree to function as the Access Service Coordinator (ASC) as definedin the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD)(Technical Reference SR-TAP-OOO984). Owest will provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Owest will be unable to fulfill the role of ASC if CLEC does not fully comply with MECOD requirements , including filing CLEC end offices and billed percentages (BPs) in the NECA 4 Tariff. Owest and CLEC will each render a separate bill to the IXC, using the multiple billmultiple Tariff option. 5.4 A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX database queries. The charge is for each record created and transmitted and is listed in Exhibit A of this Agreement. Transit Records Owest and CLEC will exchange wireline network usage data originated by a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits Owest's network, and terminates to CLEC's network. Each Party agrees to provide to the other this wireline network usage data when Owest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under 9222 of the Communications Act and shall be used solely for the purposes of Billing the wireline LEC. CLEC will provide to Owest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information, Operating Company Number, and state jurisdiction. Owest and CLEC agree to exchange wireline network usage data as Category 11-01-XX. September 13, 2006/ccd/lD OwestiMCI Negotiated Agreement CDS -060830-0001 - 75- Section 7 Interconnection Qwest and CLEC will exchange wireless network usage data originated by a Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Qwest's network, and terminates to CLEC's network. Each Party agrees to provide to the other this wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under 9222 of the Communications Act and shall be used solely for the purposes of Billing the WSP. The CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information Operating Company Number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage data as Category 11-50-XX. A charge will apply for Category 11-01-XX and 11-50-XX records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the Originating Carrier for transit when Technically Feasible. The charge is for each record created and transmitted and is listed in Exhibit A of this Agreement. Local Interconnection Data Exchange for Billing There are certain types of calls or types of Interconnection that require exchange of Billing records between the Parties, including, for example, alternate billed and toll free service calls. The Parties agree that all call types must be routed between the networks accounted for, and settled among the Parties. Certain calls will be handled via the Parties respective operator service platforms. The Parties agree to utilize, where possible and appropriate, existing accounting and settlement systems to bill, exchange records and settle revenue. The exchange of Billing records for alternate billed calls (e., calling card , bill-to- third-number and collect) will be distributed through the existing CMOS processes, unless otherwise separately agreed to by the Parties. 3 Inter-Company Settlements (ICS) revenues will be settled through the Calling Card and Third Number Settlement System (CATS). Each Party will provide for its own arrangements for participation in the CATS processes, through direct participation or a hosting arrangement with a direct participant. 7.4 Non-ICS revenue is defined as IntraLATA collect calls , calling card calls, and billed to third number calls which originate on one (1) service provider s network and are billed by another service provider located within the same Qwest geographic specific region. The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate arrangement is necessary since existing CATS processes do not permit the use CATS for non-ICS revenue. The Parties agree that current message distribution processes, including the CMOS system or Qwest in-region facilities, can be used to transport the call records for this traffic. Both Parties will provide the appropriate call records to the IntraLATA toll free service provider, thus permitting the service provider to bill its End Users for the inbound toll free service. No adjustments to bills via tapes, disks or NOM will be made without the mutual agreement of the Parties. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 76- Section 8 Collocation Section 8.0 - COLLOCATION Description Collocation allows for the placing of equipment by CLEC at Qwest's Premises, where Technically Feasible, that is necessary for accessing Unbundled Network Elements (UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of physical space in Qwest Premises , as well as the resources necessary for the operation and economical use of collocated equipment, such as the use by CLEC of power; heating, ventilation and air conditioning (HVAC); and cabling in Qwest's Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing and combining Unbundled Network Elements and accessing ancillary services. There are currently eight (8) standard types of Collocation available pursuant to this Agreement - Virtual Caged Physical, Shared Caged Physical , Cage less Physical, Interconnection Distribution Frame, Adjacent Collocation Common Area Splitter Collocation, and Remote Collocation, Other types of Collocation may be requested through the BFR process. In addition, where Qwest may offer a new form of Collocation, CLEC may order that form as soon as it becomes available and under the terms and conditions pursuant to which Qwest offers it. The terms and conditions of any such offering by Qwest shall conform as nearly as circumstances allow to the terms and conditions of this Agreement. Nothing in this Agreement shall be construed as limiting the ability to retroactively apply any changes to such terms and conditions as may be negotiated by the Parties or ordered by the state Commission or any other competent authority. Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install , repair, and maintain in Qwest's Premises. CLEC does not have physical access to its virtually collocated equipment in the Qwest Premises. Caged Physical Collocation -- allows CLEC to lease caged floor space for placement of its equipment within Qwest's Premises for the purpose interconnecting with Qwest Finished Services or accessing unbundled elements. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within the cage. Cage less Physical Collocation -- is a non-caged area within a QwestPremises. In Wire Centers, space will be made available in single frame bay increments. In Wire Centers, the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become available, Qwest will reduce the minimum square footage accordingly. Space will be provided utilizing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within CLEC's ieased Collocation space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation, one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Agreement or an approved Interconnection agreement, and another CLEC, pursuant to the terms of its Agreement or approved Interconnection agreement, may share use of that space, in accordance to terms and conditions of a sublease agreement September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 77- Section 8 Collocation between the two (2) CLECs. Shared Collocation may also be established through joint Application by CLECs in which Owest will have a separate Billing relationship with each applicant and will look to each collocating CLEC for payment of its proportionate share of the charges relating to the Collocation space, Owest will prorate the charge for site conditioning and preparation undertaken by Owest to construct the shared Collocation cage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a collocating CLEC (and billed directly to each such CLEC) based on the percentage of the total space utilized by that CLEC as per the Collocation Application. Owest shall not place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting CLEC's ability to contract with other CLECs to share CLEC's Collocation cage in a sublease-type arrangement. In addition, if two (2) or more CLECs who have Interconnection agreements with Owest utilize a shared Collocation arrangement, Owest shall permit each CLEC to order UNEs to and provision service from that shared Collocation space , regardless of which CLEC was the original collocator, directly from Owest. Owest shall make Shared Collocation space available single-bay increments or their equivalent. Interconnection Distribution Frame (ICDF) Collocation -- is offered for the purpose of facilitating CLEC's combining of Unbundled Network Elements and ancillary services. Under ICDF Collocation, CLEC need not collocate equipment in the Owest Wire Center. With ICDF Collocation, CLEC will have access to the Owest Wire Center and an ICDF to combine UNEs and ancillary services. The ICDF connects through tie cables to various points within the Wire Center (e., MDF, COSMICTM or DSX, etc. providing CLEC with access to UNEs and ancillary services. The ICDF is a distribution frame shared by multiple providers. If CLEC desires a dedicated distribution frame for the purpose of facilitating CLEC's combination of UNEs and ancillary services , CLEC may do so through the placement of a GLEe-owned Cross Connection device collocated in the Owest Wire Center through either Caged or Cage less Physical Collocation. Adjacent Collocation - is available in those instances where space is legitimately exhausted in a particular Owest Premises to accommodate Physical Collocation. Owest shall make space available in adjacent controlled environmental vaults, controlled environmental huts, or similar structures to the extent Technically Feasible. Owest shall permit CLEC to construct or otherwise procure such an adjacent structure on property owned, leased or otherwise controlled by Owest, subject only to applicable OSHA, EPA, federal , state, and local safety and maintenance requirements. Such adjacent structure shall be in accordance with Owest's design and space planning for the site. CLEC may propose the design for the adjacent structure , subject to Owest's approval, which approval may not be unreasonably withheld or delayed. Owest must provide power and physical Collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical Collocation arrangement. Owest must permit CLEC to place its own equipment, including, but not limited to, copper cables, coaxial cables, fiber cables, and Telecommunications equipment, in adjacent facilities constructed by Owest, by CLEC itself, or a third party. Common Area Splitter Collocation - See Section 9.4 for a description. Remote Collocation - allows CLEC to collocate equipment in or adjacent September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 78- Section 8 Collocation to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully in Section 8,7 and 8.4. With respect to Cross Connections for access to Subloop elements in multi-tenant environments (MTE) and field connection points (FCP), the provisions concerning Subloop access and intervals are contained in Section 3. This type of access and Cross Connection is not Collocation. Terms and Conditions Terms and Conditions - All Collocation Qwest shall provide Collocation on rates, terms and conditions that are just, reasonable and nondiscriminatory. In addition, Qwest shall provide Collocation in accordance with all applicable federal and state laws. Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements, Digital Subscriber Line Access Multiplexers (DSLAMS) always meet this legal standard. Asynchronous Transfer Mode (A TM) or Packet Switching also meets this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of. providing Advanced Services such as xDSL. Equipment used predominantly to support DSLAMs and A TMs, such as routers and concentrators, as well as testing and network management equipment also meet this legal standard. Before any equipment that includes switching functionality is installed, CLEC must provide a written inventory to Qwest of all switching equipment and how it will be used for Interconnection or access to Unbundled Network Elements. Once CLEC establishes that it will use a certain type of equipment for Interconnection or access to Unbundled Network Elements, Qwest will allow future Collocations of similar equipment without requesting a written justification unless and until Qwest can establish to the state Commission that such equipment is not intended for Interconnection or access to Unbundled Network Elements. However, Qwest will complete the Collocation within the appropriate interval unless granted relief by the Commission. Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Local Exchange Service. 2.4. Except as provided for in Sections 8.1 through 8. above, CLEC may not collocate equipment that is not necessary for Interconnection or access to Unbundled Network Elements. CLEC must identify what transmission and Cross Connection equipment will be installed and the vendor technical specifications of such equipment so that Qwest may verify the appropriate power, floor loading, heat release, environmental particulate level, HVAC, and tie cables to CLEC-provided cross-connection device. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 79- Section 8 Collocation1.4 Demarcation Points for Unbundled Network Elements (UNEs) and ancillary services. The Demarcation Point for Unbundled Network Elements and ancillary services is that physical point where Qwest shall terminate its Unbundled Network Elements and ancillary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancillary services may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation Points for its access to UNEs and ancillary services. One available Demarcation Point is at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated space, CLEC shall provide and Qwest shall install the tie cables from CLEC's collocated equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these tie cables, at CLEC's expense. ' Qwest will provide a connection between Unbundled Network Elements and ancillary services and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). The Demarcation Point shall be:a) at GLEe-provided cross-connection equipment located in CLEC' Virtual or Physical Collocation space; orb) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation, at the ICDF;d) at a direct connection point of termination as described in Section 11.2; or at another Demarcation Point mutually-agreed to by the Parties. CLEC may purchase Qwest's finished Private Line or Switched Access services via applicable Tariff terms and conditions. These services will be terminated at the Demarcation Point. For Caged and Cage less Physical Collocation and Virtual Collocation, CLEC must lease space for the placement of CLEC's equipment within Qwest's Premises. Qwest will provide the structure that is necessary in support of Collocation including physical space, a cage (for Caged Physical Collocation), required cabling between equipment and other associated hardware. All equipment shall meet and be installed in accordance with Network Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest shall not impose safety or engineering requirements on CLEC that are more stringent than the safety or engineering requirements Qwest imposes on its own equipment located on its Premises. Space Availability Report -- Upon request by CLEC, Qwest will submit to September 13, 2006/ccd/lD OwestiMCI Negotiated Agreement CDS -060830-0001 - 80- Section 8 Collocation a requesting CLEC within ten (10) calendar Days of CLEC's request, a report for each requested Premises, that includes: Available Collocation space in a particular Owest Premises; Number of collocators; Any modifications in the use of the space since the last report;d) Measures that Owest is taking to make additional space available for Collocation;e) Whether sufficient power is available to meet the specific CLEC request; Number of CLECs in queue at the Premises, if any; Whether the Wire Center is equipped with DS3 capability; andh) The number and description of Owest and its Affiliates and CLEC reservations of space. A Space Availability Report Charge in Exhibit A will apply to each Space Availability Report requested by CLEC and shall apply on per Premises basis. Rates and justification for the charge deferred to Cost Docket. Inventory Report - Remote Premises. The locations of the Remote Premises (e., Feeder Distribution Interfaces, "FDI") and the Customer addresses served by each Remote Premises are available to CLECs through the Raw Loop Data Tool. Remote Premises with Digital Loop Carrier and Pair Gain equipment will be provided on the web site in the ICONN database. (ICONN is available through the Owest web site located at http://www.qwest.com/iconn). If CLEC is unable to determine the information it seeks regarding Remote Premises after using such database tools, Owest will provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material, unless the database information is inaccurate or unusable for the Remote Premises then no charge would apply. Owest will provide CLEC access to relevant plats, maps, engineering records and other data in accordance with Section 10.2.4. In addition, CLEC can request a copy of Owest's distribution area map associated with the Remote Premises, with a charge for time and material.10 Collocation is offered on a first-come, first-served basis. Requests for Collocation may be denied due to the legitimate lack of sufficient space in a Owest Premises for placement of CLEC's equipment. If Owest determines that the amount of space requested by CLEC for Caged Physical Collocation is not available, but a lesser amount of space is available, that lesser amount of space will be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cageless Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collocation request is not available due to lack of sufficient space, and CLEC did not specify an alternative form of September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 81 - Section 8 Collocation Collocation on the original order form , CLEC will be required to submit a new order for CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate choices for Collocation on its original Collocation request, Owest will determine the feasibility of the next preferred option in the event CLEC's first choice is not available. To the extent possible, Owest shall make contiguous space available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available, Owest will engineer a route for CLEC to provide facilities between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities, Owest shall take into account projected demand for Collocation of equipment. 10.Space Denial Oueue - Owest will maintain a list of denied Collocation requests, in order of the date of receipt (Space Denial Oueue), for each Premises where Owest has exhausted Collocation space. A separate queue will be maintained for each Premises. When space becomes available in a Premises in which a queue has developed, Owest will inform CLECs in the queue that space for Collocation has become available. If there is insufficient space to accommodate all CLECs in queue, Owest shall notify CLECs of the availability of space in accordance with CLEC's position in the queue. CLEC must respond within ten (10) calendar Days of receipt of notification from Owest with a new Collocation Application. If CLEC does not provide a Collocation Application within ten (10) calendar Days of receipt of notification, or if CLEC responds that it no longer requires the Collocation space CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. If the space made available to a CLEC in the queue is not sufficient to meet such CLEC's needs, such CLEC may deny the space that becomes available and keep its position in the queue.11 If Owest denies a request for Collocation in a Owest Premises due to space limitations, Owest shall allow CLEC representatives to tour the entire Premises escorted by Owest personnel within ten (10) calendar days of CLEC's receipt of the denial of space, or a mutually agreed upon date. Owest will review the detailed floor plans for the Premises with CLEC during the tour, including Owest reserved or optioned space. Such tour shall be without charge to CLEC, If, after the tour of the Premises, Owest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Owest and CLEC may present their arguments to the Commission. In addition , if after the fact it is determined that Owest has incorrectly identified the space limitations, Owest will honor the original Collocation Application date for determining RFS unless both parties agree to a revised date.12 Owest shall submit to the Commission , subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Owest claims that Physical Collocation is not practical because of space limitations. See 8.13 Owest will maintain a publicly available document, posted for viewing on the Internet, )(http://www.qwest.com/wholesale/notices/colio/spaceAvail.html indicating all Premises that are full, and will update this document within ten (10) calendar Days of the date at which a Premises runs out of physical space and will update the document within ten (10) calendar Days of the date that space becomes available. In addition , the publicly available document shall include, based on information Owest develops through September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 82- Section 8 Collocation the Space Availability Report process, the Reservation Process, or the Feasibility Study Process: http://www .qwest.com/wholesale/notices/collo/spaceavail.html. Number of CLECs in queue at the Premises, if any; Premises that have not been equipped with DS3 capability;c) Estimated date for completion of power equipment additions that will lift the restriction of Collocation at the Premises;d) Address of the Remote Premises that have been inventoried for Remote Collocation , and if the Remote Premises cannot accommodate Collocation, Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10) Day period, all Wire Centers that are full, whether or not there has been a CLEC requested Space Availability Report. Reclamation and Reconditioning of Space 14.Reclamation of Space -- Reclamation of space is performed by Qwest removing unused, obsolete Qwest equipment to make space for equipment use. The cost of removal of the obsolete unused equipment shall be borne by Qwest. 8.2.14.If CLEC issues a forecast or reservation for Collocation, Qwest shall use its best judgement to determine whether it would be appropriate to reclaim space and or equipment to meet expected Collocation requirements. 14.If CLEC issues a Collocation Application and unused, obsolete equipment must be removed to provide the requested Collocation , Qwest will affirmatively remove such unused , obsolete equipment as necessary to fulfill the Collocation request within the applicable interval set forth in section 8.4. 14.Reconditioning of Space -- Reconditioning of space is the remodeling of space for equipment use, such as, but not limited to, adding HV AC. The Collocation feasibility study will identify whether reconditioning of space is available and necessary to meet CLEC needs for Collocation. If requested by CLEC, Qwest will assess the cost of such reconditioning, provide a quote to CLEC for the costs, and upon Acceptance of quote by CLEC, perform the necessary work to recondition the space. For reconditioned space, CLEC is responsible for prorated charges based on the amount of space requested. 8.2.15 Cancellation of Collocation Request. CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a written request by certified mail to the Qwest account manager. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. Qwest may retain a limited amount of floor space for its own specific September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 83- Section 8 Collocation future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve space for future use on terms more favorable than those that apply to CLEC' reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any space held for future use before denying a request for Virtual Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation at that point is not Technically Feasible.17 In addition to the requirements of Section 8., all Collocation installation and structures shall meet applicable earthquake safety rating requirements comparable to and to the same extent that Qwest installations and structures meet earthquake rating requirements as contained in the Network Equipment Building System (NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicable related earthquake ratings is available for review on the Qwest website at: http://www.qwest.com/whoiesale/pcat/collocation.htmi.18 Qwest will review the security requirements, issue keys, 10 cards and explain the access control processes to CLEC, The access control process includes but is not limited to the requirement that all CLEC approved personnel are subject to trespass violations if they are found outside of designated and approved areas or if they provide access to unauthorized individuals. Likewise, Qwest personnel are subject to trespass violations if they are found to be wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 18.Qwest will take all reasonable measures to insure that CLEC equipment collocated in Qwest Premises is afforded physical security at Parity with Qwest's similarly situated equipment. Should an event occur within a Qwest Premises that suggests vandalism or other tampering with CLEC's equipment, Qwest will, at CLEC'request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigation as requested by Qwest. Qwest will keep CLEC apprised of the progress of any investigation , and report any conclusions in a timely manner.19 Qwest shall provide access to CLEC's collocated equipment and existing eyewash stations , bathrooms, and drinking water within the Premises on a twenty-four (24) hours per day, seven (7) Days per week basis for CLEC personnel and its designated agents. Such access shall be permitted without requiring either a security escort of any kind or delaying CLEC's employees entry into Qwest Premises. Qwest shall provide CLEC with access to other basic facilities, including parking, where available on a first-come, first-served basis.20 CLEC shall be restricted to corridors, stairways, and elevators that provide direct access to CLEC's space, or to the nearest restroom facility from CLEC' designated space, and such direct access will be outlined during CLEC's orientation meeting. Access shall not be permitted to any other portion of the building,21 Nothing herein shall be construed to limit CLEC's ability to obtain more than one form of Collocation (Le" Virtual, Caged, Shared and Cageless Physical Collocation or ICDF Collocation) in a single Premises, provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by submitting a written request via certified mail to September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 84- Section 8 Collocation the Owest account manager. Owest shall provide CLEC a quotation for the costs of removing CLEC's collocated equipment and associated cabling and structure, which will be paid by CLEC within thirty (30) Days of the removal of the equipment by Owest. CLEC will not be charged for the removal of equipment or cabling that is owned and removed by CLEC in their Physical Collocation space.23 Owest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Owest Premises; or to CLEC's Own non-contiguous Collocation space, The most efficient route generally will be over existing cable racking, to the extent Technically Feasible , but to determine the most efficient route and cable racking, Owest shall consider all information provided by CLEC in the Application form , including but not limited to, distance limitations of the facilities CLEC intends to use for the connection and shall consider any applicable ANSI standards for cable distance limitations. If the length of the most efficient route exceeds any such distance limitations, Owest will notify CLEC of available options. When CLEC notifies Owest of CLECs preferred option , Owest will proceed with the route design and . quote preparation. If CLEC elects to have Owest provide the channel regeneration, the quote will include the applicable charges. CLEC shall have access to the designated route and construct such connection , using copper, coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of CLEC's Own choosing. CLEC may place its OWn fiber, coax, copper cable, or any other Technically Feasible connecting facilities outside of the actual physical Collocation space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Owest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User s premises, and may interconnect CLEC's OWn collocated space and/or equipment (e., CLEC's Physical Collocation and CLEC's Virtual Collocation the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of an Application for Collocation under Section 8.4, or separately from a Collocation Application in accordance with Section 8.4.7. CLEC-to-CLEC Cross Connections at an ICDF are available , as follows: 23.CLEC-to-CLEC Cross Connections at the ICDF: 23.1 CLEC-to-CLEC Cross Connection (CaCC-X) is defined as CLEC'capability to order a cross-connection from it's Collocation in a Owest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Owest Premises at the ICDF. 8.2,23.Owest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF), This is accomplished by the use of CLECs' Connecting Facility Assignment (CFA) terminations residing at an IDCF. Also, ICDF Cross Connections must terminate On the same ICDF at the same service rate level. 23.If CLEC has its OWn Dedicated ICDF CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through the September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 85- Section 8 Collocation existing Collocation Application form. 23.1.4 CLEC is responsible for the end-to-end service design that uses ICDF cross-connection to ensure that the resulting service meets its Customer s needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. Depending on the distance parameters of the combination , regeneration may be required. 23.If two (2) CLECs are involved, one CLEC acts as the ordering" CLEC. The ordering CLEC identifies both connection CFA's on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms, Qwest must not reproduce copies for its Customers, as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI).24 Qwest will provide CLEC the same connection to the network as Qwest uses for provision of services to Qwest End Users. The direct connection to Qwest's network is provided to CLEC through direct use of Qwest's existing Cross Connection network. CLEC and Qwest will share the same distributing frames for similar types and speeds of equipment, where Technically Feasible and space permitting.25 CLEC terminations will be placed on the appropriate Qwest Cross Connection frames using standard engineering principles. CLEC terminations will share frame space with Qwest terminations on Qwest frames without a requirement for an intermediate device.26 If CLEC disagrees with the selection of the Qwest cross-connection frame, CLEC may request a tour of the Qwest Premises to determine if Cross Connection frame alternatives exist, and may r~quest use of an alternative frame or an alternative arrangement, such as direct connections from CLEC's Collocation space to the MDF or COSMICTM frame.27 Conversions of the various Collocation arrangements (e., Virtual to Physical) will be considered on an Individual Case Basis. However, conversions from Virtual Collocation to Cage less Physical Collocation, where the conversion only involves an administrative and Billing change, and the virtually collocated equipment is located in a space where Cage less Physical Collocation is available, shall be completed in thirty (30) calendar Days. CLEC must pay all associated conversion charges.28 Qwest shall permit CLEC to construct or subcontract the construction and build-out of Physical Collocation arrangements with contractors approved by Qwest. Such CLEC construction of Physical Collocation arrangements are for within CLEC' physical space including the cage, if appropriate, frames, and cable racking, and also outside CLEC'physical space, CLEC may install the tie cables, blocks, and terminations on the ICDF or for CLEC-to-CLEC connections. Qwest approval of CLEC September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 86- Section 8 Collocation contractors involves security access arrangements and shall not be unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same criteria that Qwest uses in approving contractors for its own purposes.29 Qwest will provide CLEC with written notification at least five (5) business days before any scheduled non-emergency AC or DC power work in the collocated facility that may cause a power disruption to CLEC equipment located in the Qwest facility. This does not include notification of routine power testing or power installation work not expected to cause a power disruption. Qwest will use diligent efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon as Qwest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption that would impact CLEC equipment no later than thirty (30) minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment. Terms and Conditions - Virtual Collocation Qwest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection or to access UNEs, ancillary and Finished Services. When providing Virtual Collocation, Qwest shall install, maintain and repair collocated equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC will not have physical access to the virtually collocated equipment in the Qwest Premises. However, CLEC will have physical access to the Demarcation Point in the Qwest Premises. CLEC will be responsible for obtaining and providing to Qwest administrative codes (e., common language codes) for all equipment provided by CLEC and installed in Qwest Premises.2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated equipment by Qwest, all warranties and access to ongoing technical support are passed through to Qwest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment will be possessed, installed and maintained by Qwest. 5 CLEC'virtually collocated equipment must comply with Telcordia Network Equipment Building System (NEBS) Level 1 safety standards and any statutory (local , state or federal) and/or regulatory requirements in effect at the time of equipment installation or that subsequently become effective, CLEC shall provide Qwest interface specifications (e., electrical, functional , physical and software) of CLEC'virtually collocated equipment. Such safety and engineering standards shall apply to CLEC equipment only to the degree that they apply to Qwest equipment located in Qwest's Premises. September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 87- Section 8 Collocation CLEC must specify all software options' and associated plug-ins for its virtually collocated equipment. 2.2,CLEC will be responsible for payment of Qwest's initial direct training charges associated with training Qwest employees for the maintenance , operation and installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Qwest in that Premises. This includes per diem charges (i.expenses based upon effective Qwest labor agreements), travel and lodging incurred by Qwes! employees attending a vendor-provided training course. CLEC will be responsible for payment of reasonable charges incurred in the maintenance and/or repair of CLEC's virtual collocated equipment in accordance with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the foregoing, CLEC shall not be responsible for any costs or charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment where such costs or charges result from Qwest's fault or negligence. Terms and Conditions - Caged and Cageless Physical Collocation Qwest shall provide Caged and Cageless Physical Collocation to CLEC for access to UNEs and ancillary services and Interconnection , except that Qwest may provide Virtual Collocation if Qwest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251 (c)(6) of the Act. Physical Collocation is offered in Premises on a space-available, first come, first-served basis. Reserved for Future Use.3.4 Qwest will design the floor space in the most efficient manner possible within each Premises that will constitute CLEC's leased space. CLEC will , in accordance with the other terms and conditions of this Section, have access to its leased space. When Qwest constructs the collocated space, Qwest will ensure that the necessary construction work (e., racking, ducting and caging for Caged Physical Collocation) is performed pursuant to Qwest Technical Publication 77350, including all construction of CLEC's leased physical space and the riser from the vault to the leased physical space. CLEC owns or leases and is responsible for the installation maintenance and repair of its equipment located within the physically collocated space leased from Qwest. Qwest shall permit CLEC to commence installation of its equipment prior to completion of Qwest's work on the remaining Collocation infrastructure, at no additional charge to CLEC. Such "early access" date will be negotiated by Qwest and CLEC on a site specific basis. In order to obtain early access , CLEC must pay eighty percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (10%) of the originally quoted nonrecurring charges. All appropriate (Le. space and cable racking) recurring September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 88- Section 8 Collocation charges will ,begin on a negotiated date. The enclosure for Caged Physical Collocation must be complete before early access is granted, Such early access by CLEC shall not interfere with the work remaining to be performed by Owest. Upon completion of the construction of the Collocation project, Owest will work cooperatively with CLEC in matters of joint testing and maintenance,9 If, during installation, Owest determines CLEC activities or equipment do not comply with the NEBS Level 1 safety standards listed in this Section or are in violation of any Applicable Laws or regulations all equally applied to Owest, Owest has the right to stop all installation work until the situation is remedied. Owest shall provide written notice of the non-compliance to CLEC and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question , together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLEC's equipment fails to meet. If such conditions pose an immediate threat to the safety of Owest employees, interfere with the performance of Owest's service obligations, or pose an immediate threat to the physical integrity of the conduit system, cable facilities or other equipment in the Premises, Owest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. In the event CLEC disputes any action Owest seeks to take or has taken pursuant to this provision CLEC may pursue immediate resolution by the Commission or a court of competent jurisdiction.10 All equipment placed will be subject to random safety audits conducted by Owest. These audits will determine whether the equipment meets the NEBS Level safety standards required by this Agreement. CLEC will be notified of the results of this audit. If, at any time, pursuant to a random audit or otherwise, Owest determines that the equipment or the installation does not meet the NEBS standards described in Section 8., CLEC will be responsible for the costs associated with the removal modification to,or installation of the equipment to bring it into compliance. Owest shall provide written notice of the non-compliance to CLEC, and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) calendar Days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if CLEC fails to take all appropriate steps to correct any non-compliance as soon as reasonably possible, Owest may pursue immediate resolution by the Commission or a court of competent jurisdiction. If there is an immediate threat to the safety of Owest employees, or an immediate threat to the physical integrity of the conduit system , cable facilities, or other equipment in the Premises, Owest may perform such work and/or take such action as is necessary to correct the condition at CLEC's expense. Owest shall provide basic telephone service with a connection jack at the September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 89- Section 8 Collocation request of CLEC for Caged or Cage less Physical Collocated space. Upon CLEC' request, this service shall be available per standard Qwest business service Provisioning processes and rates,12 For Caged Physical Collocation , CLEC's leased floor space will be separated from other CLECs and Qwest space through a cage enclosure. Qwest will construct the cage enclosure or CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwest's approval which may not be unreasonably withheld, to construct the cage enclosure. All CLEC equipment placed will meet NEBS Level 1 safety standards, and will comply with any local , state, or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective.13 For Cage less Physical Collocation in a Wire Center, the minimum square footage is nine (9) square feet per bay (however, if smaller bays are or become available, Qwest will reduce the minimum square footage accordingly). Requests for multiple bay space will be provided in adjacent bays where possible. When contiguous space is not available, bays may be commingled with other CLECs' equipment bays. CLEC may request, through the Qwest Space Reclamation Policy, a price quote to rearrange Qwest equipment to provide CLEC with adjacent space. 2.4 Transmission Facility Access to Collocation Space 2.4.For Virtual or Physical Collocation CLEC may select from four (4) optional methods for facility access to its Collocation space, They include: 1) fiber entrance facilities, 2) purchasing private line or Access Services, 3) Unbundled Network Elements; and 4) microwave entrance facilities. Other entrance facility technologies may be requested through the BFR process. 2.4.Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross-Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance Facilities provide the connectivity between CLEC's collocated equipment within the Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber Entrance Facilities. 2.4.CLEC is responsible for providing its own fiber facilities to the C-POI outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure will then be provided by Qwest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment (Virtual Collocation). The Qwest provided facility from the C-POI to the leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do not apply to Express Fiber Entrance Facility which provides that CLEC fiber will be pulled to CLEC Collocation equipment without splices or termination on an FDP. 2.4.Standard Fiber Entrance Facility -- The standard fiber entrance facility provides fiber connectivity between CLEC's fiber facilities delivered to the September 13, 2006/ccd/lD Qwest/MCI Negotiated Agreement CDS -060830-0001 - 90- Section 8 Collocation POI and CLEC's Collocation space in increments of 12 fibers. CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six buffer tubes containing 12 fibers each for a 72 fiber cable. The 72 fiber cable shall be terminated on a Fiber Distribution Panel (FOP), A 12 fiber Interconnection cable is placed between CLEC's Collocation space and the FOP. The FOP provides Qwest with test access and a connection point between the transport fiber and CLEC's Interconnection cable. 2.4.2 Cross-Connect Fiber Entrance Facility -- The cross-connect fiber entrance facility provides fiber connectivity between CLEC'fiber facilities delivered to a C-POI and multiple locations within the Qwest Wire Center. CLEC's fiber cable is spliced into a Qwest provided shared fiber entrance cable in 12 fiber increments. The Qwest fiber cable consists of six buffer tubes containing 12 fibers each for a 72 fiber cable. The 72 fiber cable terminates in a fiber distribution panel. This fiber distribution panel provides test access and flexibility for Cross Connection to a second fiber distribution panel. Fiber Interconnection cables in 4 and 12 fiber options connect the second fiber distribution panel and equipment locations in the Qwest Wire Center. This option has the ability to serve multiple locations or pieces of equipment within the Qwest Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily supports Virtual and Cageless Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one form of Collocation to another. 8.2.4.Express Fiber Entrance Facility - Qwest will place CLEC- provided fiber cable from the C-POI directly to CLEC's Collocation space. The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating requirements then a transition splice will occur in the cable vault to insure that the cable within the Qwest Wire C~nter meets requirements. This option will not be available if there is only one (1) conduit with two (2) unused innerducts (one (1) for emergency restoral and one (1) for a shared entrance cable). 2.4.4 Qwest will designate the location of the C-POI for Virtual, Caged Physical or Cageless Physical Collocation arrangements. 2.4.The Collocation entrance facility is assumed to be fiber optic cable and meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a standard Collocation entrance facility. Requests for non-standard entrances will be considered through the BFR process described in the Bona Fide Request Process Section of this Agreement. All costs and Provisioning intervals for non-standard entrances will be developed on an Individual Case Basis. 2.4.Qwest shall provide an Interconnection point or points, physically accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC' circuits can enter Qwest's Wire Center, provided that Qwest shall designate Interconnection points as close as reasonably possible to its Premises. Qwest shall offer at least two (2) such Interconnection points at each Qwest Wire Center when least two (2) entry points pre-exist and duct space is available. Qwest will not initiate construction of a second , separate Collocation entrance facility solely for Collocation. Qwest requires the construction of a new Collocation entrance facility for its own use September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 91 - Section 8 Collocation then the needs of CLEC will also be taken into consideration. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase Owest Tariffed or cataloged Private Line or Switched Access Services. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase unbundled dedicated interoffice transport. 2.4.Microwave Entrance Facilities. Owest offers Microwave Entrance Facilities, on Premises owned or controlled by Owest, to access CLEC transmission equipment collocated on or inside the Owest Premises. The rooftop, duct, conduit, and riser cable space for Microwave Entrance Facilities is available on a first-come, first- served basis, where Technically Feasible. CLEC may place its microwave antenna on a Owest owned or controlled existing tower, building, or supporting structure, where space is available, or CLEC may construct such tower or supporting structure, if necessary and if there is sufficient space and the building structure is not jeopardized. Such microwave equipment will be limited to that which is necessary for Interconnection to Owest's network or access to Owest's Unbundled Network Elements, 2.4,Owest will jointly coordinate and plan with CLEC for the placement and location of the microwave equipment on a non-penetrating roof mount, or an existing tower or supporting structure on the exterior of a Owest Premises. The method of placing CLEC microwave equipment shall be mutually agreed upon. Tower or building roof space that allows for unobstructed line-of- sight will be provided by Owest where Technically Feasible. A weather proof cable entry hatch or an existing wave-guide hatch or other suitable entrance into the building is required. If space is available, CLEC may use an existing cable entry hatch or a new cable entry hatch will need to be constructed. The cable entry hatch charges are on a per Port used basis. 2.4.CLEC can perform the determination of line-of-sight feasibility or if requested , Owest will perform the line-of-sight feasibility. CLEC will submit a Microwave Entrance Facility Application for each antenna arrangement and each Owest Premises requested, A site visit will include appropriate Owest and CLEC personnel for the purpose of determining whether an unobstructed line-of-sight is Technically Feasible and structural analysis of the building. The site visit will take place within fifteen (15) calendar Days after receipt by Owest of the CLEC' Microwave Entrance Facility Application, unless the CLEC requests a later date. If CLEC performs the structural analysis and line-of-sight feasibility, it shall submit a response regarding its analysis to Owest and Owest will only bill for an escort fee per site requested. If either Party disputes the technical feasibility, space availability, or other conditions proposed by Owest, the Parties will promptly petition the Commission for resolution of the dispute. 2.4.If Owest performs the feasibility analysis, a response will be provided to CLEC within thirty (30) calendar Days after the site visit with the structural analysis and line-of-sight feasibility. If the site visit determines that unobstructed line-of-sight and placement of the microwave equipment are not Technically Feasible , CLEC will be billed only for the site visit. If the site visit determines that the placement of microwave equipment is Technically Feasible, Owest will provide a quote for the Microwave Entrance Facility with the quote for September 13, 2006/ccd1lD OwestlMCI Negotiated Agreement CDS -060830-0001 - 92- Section 8 Collocation the submitted Collocation Application. If CLEC does not submit a Collocation Application for the Premises within thirty (30) Days following the completion of the line-of-sight and structural feasibility analysis or CLEC subsequently cancels the Collocation Application, CLEC will be billed for the site visit. 2.4.CLEC must obtain all necessary variances, licenses, approvals and authorizations from governmental agencies with jurisdiction, such as use permits, building permits, FCC licenses and FAA approval, if required, to construct, operate and maintain the CLEC facilities. If Qwest's assistance is required in order for a CLEC to obtain necessary licenses or permits, Qwest will not unreasonably withhold such assistance. CLEC will pay all expenses associated with that assistance on a time and materials basis. 2.4.CLEC is responsible for the engineering, purchasing, supplying, installing, maintaining, repairing and servicing of its microwave specific equipment. CLEC shall provide the cable from the antenna equipment to the building cable entry hatch. However, CLEC is not permitted to penetrate the building exterior wall or roof. Qwest will do all building penetration and Qwest will install the coaxial cable or wave-guide/transmission facility from the cable entry hatch to the CLEC's Collocation space within the interval, as set forth in Section 8.4 , for the type of Collocation requested by CLEC. CLEC facilities shall not physically, electronically, or inductively interfere with the existing Qwest or other CLECs' equipment. Each transmitter individually and all transmitters collectively, for Qwest, Qwest Affiliates and CLECs, at a given location shall comply with appropriate Federal , State, and Local regulations governing the safe levels of RF radiation. 2.4.Upon expiration or termination of the Collocation arrangement or the Microwave Entrance Facility, CLEC shall return the antenna space to its original condition, CLEC shall repair any damages caused by removal of its microwave equipment, or by the use, operation or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Qwest shall impose no charges on CLEC for sucn work. In the event the CLEC fails to remove its microwave equipment CLEC shall be liable to Qwest for all reasonable costs of removal restoration of the property, storage, and transportation to CLEC of such microwave equipment incurred by Qwest. Terms and Conditions - ICDF Collocation Interconnection Distribution Frame (ICDF) Collocation is available for CLECs who have not obtained Caged or Cageless Physical Collocation , but who require access to the Qwest Wire Center for combining Unbundled Network Elements and ancillary services. ICDF Collocation provides CLECs with access to the Interconnection Distribution Frame, where Qwest will terminate the Unbundled Network Elements and ancillary services ordered by CLEC. CLEC may combine one (1) UNE to another UNE or ancillary service by running a jumper on the ICDF. CLEC access to the ICDF will be on the same terms and conditions described for other types of Collocation in this Section. There are multiple frames that could be used for ICDF Collocation including, but not limited to, the following: a) existing Interconnection Distributing Frame (lCDF); b) existing DSX panels for DS1 and DS3 services; c) new Interconnection Distributing Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate September 13, 2006/ccd/lD OwestiMCI Negotiated Agreement CDS -'D60830-0001 - 93- Section 8 Collocation frame. All Owest terminations on the Interconnection Distribution Frame will be given a frame address. Owest will establish and maintain frame address records for Owest terminations. Owest will maintain assignment records for each Unbundled Network Element and ancillary service ordered by CLEC that is terminated on the Interconnection Distribution Frame. Owest will provide CLEC with the frame assignments for each Unbundled Network Element and ancillary service terminated on the ICDF. CLEC will be required to place the jumper connection between frame addresses to connect Unbundled Loops, ancillary and Finished Services, CLEC will be required to maintain the records for GLEe-provided jumpers. 5.4 Reserved for Future Use. Terms and Conditions- Adjacent Collocation and Adjacent Remote Collocation CLEC may request Adjacent Collocation and Adjacent Remote Collocation in an existing Owest controlled environmental vault, controlled environmental hut, or similar structures on or under Owest owned, leased or otherwise controlled property contiguous to a Owest Premises, to the extent Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. Alternatively, if no such structure described above exists, CLEC may choose to construct or procure a structure to place on or under Owest owned, leased or otherwise controlled property contiguous to a Owest Premises. Such adjacent structure shall be in accordance with Owest's design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Owest's approval. Owest will review the building and property plans for the new structure within thirty (30) calendar Days. CLEC shall own such structure, subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Owest shall have the right of first refusal to such structure under terms to be mutually agreed upon by the Parties. In the event Owest declines to take the structure or terms cannot be agreed upon, CLEC may transfer such structure to another CLEC for use for Interconnection and or access to UNEs. Transfer to anotherCLEC shallbe subject to Owest's approval, which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the property to its original condition. 8.2.6.2 Owest shall provide written authorization for use of Owest's property to CLEC or CLEC's contractor, to the extent that Owest owns or controls such property, to assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facility. CLEC is responsible for construction of the structure or procurement of an existing structure. CLEC is responsible for meeting all state and municipal building and zoning requirements. Owest will provide power and all other Physical Collocation services and September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 94 - Section 8 Collocation facilities.6.4 Upon request , Owest will evaluate all parking or other spaces outside the Owest Premises on Owest property that can be reasonably made available to CLEC for Adjacent Collocation. Owest will retain a reasonable amount of parking space for Owest technicians or other vehicles , including CLECs. Space below a hoisting area will not be relinquished for Collocation space. If Physical Collocation space becomes available in a previously exhausted Owest structure, Owest shall not require CLEC to move, or prohibit CLEC from moving its Collocation arrangement into the Owest structure. Instead, Owest shall continue to allow CLEC to collocate in any adjacent controlled environmental vault controlled environmental hut, or similar structure. Terms and Conditions - Remote CoUocation Remote Collocation allows CLEC to collocate in a Owest Remote Premises that is located remotely from a Owest Wire Center building property, Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets , pedestals and other Remote Terminals. The terms and conditions for Physical Collocation or Virtual Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e., Section 8.11 and Section 8.2.4 would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will be offered in increments appropriate to the Remote Premises structure (Le., shelf, relay rack, etc. Rate Elements Rate elements for Collocation are included in Exhibit A. Rate Elements - AU CoUocation Owest will recover Collocation costs through both recurring and nonrecurring charges. The charges are determined by the scope of work to be performed based on the information provided by CLEC on the Collocation Order Form. A quote is then developed by Owest for the work to be performed. The following elements as specified in Exhibit A of this Agreement are used to develop a price quote in support of Collocation: Quote Preparation Fee. A non-refundable charge for the work required to verify space and develop a price quote for the total costs to CLEC for its Collocation request.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in increments of 12 fibers) from the C-POI utilizing Owest owned, conventional single mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the leased space (for Caged or Cage less Physical Collocation). The Collocation entrance facility includes manhole, conduit/innerduct, placement of conduit/innerduct September 13, 2006/ccd/ID OwestlMCI Negotiated Agreement CDS -060830-0001 - 95- Section 8 Collocation fiber cable, fiber placement, splice case, a splice frame , fiber distribution panel , and relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber cable, splice case, a splice frame or fiber distribution panel. Microwave Entrance Facility charges are addressed in 8.17. Cable Splicing Charge, Represents the labor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of request Charged on a per ampere basis. AC Power Feed. Recovers the cost of providing for the engineering and installation of wire, conduit and support, breakers and miscellaneous electrical equipment necessary to provide the AC power, with generator backup, to CLEC's space. The AC Power feed is optional. The AC Power Feed is available with single or triple phase options. The AC Power Feed is rated on a per foot and per ampere basis. Inspector Labor Charge. Provides for Owest qualified personnel, acting as an inspector, when CLEC requires access to the C-POI after the initial installation. A call-out of an inspector after business hours is subject to a minimum charge of three (3) hours. The minimum call-out charge shall apply when no other employee is present in the location, and an 'off-shift' Owest employee (or contract employee) is required to go on-shift' on behalf of CLEC. Channel Regeneration Charge. Required when the distance from the leased physical space (for Caged or Cageless Physical Collocation) or from the collocated equipment (for Virtual Collocation) to the Owest network is of sufficient length to require regeneration. Cable distance limitations are based on the most current version of ANSI Standard T1.102-1993 .. Digital Hierarchy - Electrical Interface; Annex 10 Interconnection Tie Pairs (lTP) are described in the UNE Section, and apply for each Unbundled Network Element, ancillary service or Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancillary service or Interconnection service and the Demarcation Point11 Collocation Terminations. Terminations are purchased by CLEC for the purpose of accessing Unbundled Network Elements. These terminations may be requested in Shared Access and Direct Connection Configurations. 11.Shared Access 11.In a Shared Access configuration, there are multiple frames that could be designated as an ICDF or appropriate Demarcation Point including, but not limited to, the following: Existing Interconnection Distributing Frame (ICDF) Existing DSX Panels for DS1 and DS3 Services September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 96- Section 8 Collocation c) New Interconnection Distributing Framed) Existing Toll Framee) Fiber Distribution Panelf) Existing Intermediate Frame. 11.The ICDF is the test access point. It would not be uncommon to find multiple service providers, including awest, on the ICDF at any one time. This element includes awest's provided termination blocks, installation labor between CLEC collocated equipment and the appropriate cross connect device. Cabling is also required and may be provided by CLEC or at their request, awest will provide cabling at an additional charge. When awest provides the cabling, Collocation Block Termination rates will apply as contained in Exhibit A of this Agreement. When CLEC provides the cabling, Collocation Termination rates, on a per termination basis, will apply as contained in Exhibit A of this Agreement. When CLEC provides and installs the tie cables, blocks and terminations on the ICDF, no Collocation Termination rates will apply. 11.Direct Connection 11,Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option will guarantee that there will not be an ICDF. The connection will be designed from the Collocation space to the same frame that awest uses to connect to that specific service. For example, if CLEC wants to connect directly from their Collocation space to a 911 router, the infrastructure for the 911 trunks will terminate in a DS1 bay location with the 911-router circuits. There are several options for the location of the Demarcation Point. CLEC will select their desired option via the supplemental Direct Connection (DC-POT) With Collocation Form DCO50900. If CLEC chooses a demarcation inside the Collocation space, the collocator should order and install the termination equipment itself. Demarcation equipment must be noted on the order form so that a CLL! code and unique tie cable assignments can be generated for systems flow through. If CLEC chooses a demarcation outside its Collocation space, awest will maintain and inventory this device. Direct terminations may be ordered where frame space is available. If frame space is exhausted the terminations may need to be made at another frame. Upon completion of the pre-Provisioning of the Direct Connection, CLEC will receive an Alternate Point of Termination (APOT) form so that they may order Finished Services and UNEs. CLEC will be responsible for augmenting terminations as required. The Direct Connection APOT information must be provided on the ASR or LSR to insure that the services are designed to the dedicated path. 11.2 CLEC's termination point will require a CLL! code (e,g., Frame Number) and the dedicated tie pairs will require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. September 13, 2006/ccd/iD QwestlMCI Negotiated Agreement CDS -060830-0001 - 97- Section 8 Collocation 11,If CLEC wishes to arrange terminations on a 2-wire POTS level cross-connect device of the modular type, i.e. COSMICTM Hardware , standard-engineering principles will apply. Provisioning intervals and costs will be customized and determined on an Individual Case Basis (ICB). A five (5) year forecast including terminations per quantities will be required. MELDTM runs will be required for the initial COSMICTM plan and each subsequent block addition. To minimize CLEC's cost, to the extent feasible, Qwest shall consolidate CLEC' requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall be prorated among the Parties, including Qwest Minimum installation requires at least one (1) block for every two (2) outside plant modules, A 'Y2 shelf of block capacity must be reserved for future block space. 11.2.4 Requests for terminations at a DSO, DS1 , DS3 and optical level (non-POTS) may also be made directly to the respective frame or panel (Le. toll frame, DSX, FDP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM frame. However these connections will require coordination between Qwest and CLEC to ensure that the cable is terminated in an existing frame with the servic~ that CLEC is wishing to connect with. Direct Connection is ordered via the supplemental Collocation order form, Direct Connection (DC-POT) With Collocation Form DC050900. Timing, pricing and feasibility will be determined on the basis of a specific, in-depth building analysis. Direct Connections are available where available frame space permits. If frame space is exhausted , terminations may need to be made at another frame. Space availability will be determined during the feasibility request phase of the order. Rates for Direct Connection Terminations will be on an 1GB basis using rates defined in Exhibit A. 11.Terminations must be purchased in the following increments: DSO in blocks of 100; DS1 in increments of one (1); and DS3 in increments of one (1) coaxial cable or fiber pair.12 Security Charge. This charge applies to the keys/card and card readers, required for CLEC access to the Qwest Premises for the purpose of Collocation, Charges are assessed per CLEC employee, per card, per Premises on a monthly basis.13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS1 synchronization signals traceable to a stratum one source. CLEC must determine the synchronization requirements for CLEC' equipment and notify Qwest of these requirements when ordering the clock signals. Central Office Synchronization is required for Virtual Collocation involving digital services or connections. Synchronization may be required for analog services. Central Office Synchronization is available where Qwest Central Offices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance with Exhibit A. -48 Volt DC Power Cable Charge. Provides for the transmission of - September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 98- Section 8 Collocation volt DC power to the collocated equipment and is fused at one hundred twenty-five percent (125%) of request. It includes engineering, furnishing and installing the main distribution bay power breaker, associated power cable, cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and B from the local power distribution bay to the leased physical space (for Caged or Cage less Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder.15 Space Availability Report Charge - Recovers the cost of preparing a Space Availability Report in accordance with Section 8. 16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges will be assessed for Virtual Collocation connections and cable holes, if applicable. There will be recurring charges for cable racking.17 Microwave Entrance Facility - The charges for Microwave Entrance Facility include the recurring and nonrecurring charges associated with preliminary rooftop engineering and survey analysis, Premises structural analysis and line of sight feasibility, if performed by Owest; space rental for the rooftop and existing antenna support structure, cable racking, cable , building penetration for cable entry, and other work as required. Rate Elements - Virtual Collocation The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation. Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Owest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours, Training Labor. Provides for the training of Owest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually collocated equipment when that equipment is different from Owest-provided equipment. Owest will require three (3) Owest employees to be trained per metropolitan service area in which CLEC'virtually collocated equipment is located. If, by an act of Owest, trained employees are relocated , retired, or are no longer available, Owest will not require CLEC to provide training for additional Owest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated equipment, the training costs shall be prorated to each according to the number of CLECs so selecting, Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary environmental supports. Mounting space on the bay, including space for the fuse panel and air gaps necessary for heat dissipation is limited to 78 inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6 inches, which will be considered on an Individual Case Basis. No Equipment Bay September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 99- Section 8 Collocation Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation , change or removal. Installation Labor. Provides for the installation , change or removal of GLEC virtually collocated equipment. Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by GLEe-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AG, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems and alarms, mechanical systems, standard HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises areas surrounding GLEe-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of GLEe-provided equipment bay. Rate Elements - Physical Collocation Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cageless Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation, an AC power outlet will be provided at every other bay in the line-up. Cageless bays placed in existing line-ups will use the existing outlets. For Caged Collocation, it includes a nine (9) foot high cage enclosure, CLEC may choose from Owest approved contractors or may use another vendor of CLEC's own choosing, subject to Owest's approval , which may not be unreasonably withheld, to construct the space, including the cage in the case of Caged Collocation, in accordance with NEBS Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation, Owest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating Party, and Owest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by CLEC. Owest must in all cases of Shared space Collocation allocate space preparation, conditioning, security measures and other Collocation charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC, Floor Space Lease. Provides the monthly lease for the leased physical space, property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating September 13, 2006/ccd1lD OwestlMCI Negotiated Agreement CDS -060830-0001 - 100 - Section 8 Collocation equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems and alarms, mechanical systems, standard HV AC); a pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure, as applicable. Intentionally Left Blank.3.4 Collocation Grounding Charge. Used to connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. Rate Elements - ICDF Collocation 3.4.The charges for ICDF Collocation are the nonrecurring and recurring charges associated with the Unbundled Network Elements or ancillary services ordered by CLEC, the cost of extending the Unbundled Network Elements or ancillary services to the Demarcation Point, which are recovered through the ITP charges described in the UNE Section , and the Security charge, described in this Section. Rate Elements - Adjacent Collocation The charges for Adjacent Collocation will be developed on an Individual Case Basis, except where the commission finds that standard pricing elements can be reasonably identified and their costs determined, depending on the specific needs of CLEC and the unique nature of the available adjacent space (e., existing structure or new structure to be constructed). Rate Elements - Remote Collocation and Adjacent Remote Collocation The charges for Remote Collocation will be developed on an Individual Case Basis except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined. Rate Elements - CLEC-to-CLEC Connections 16. The charges for CLEC-to-CLEC Connections are addressed in Section Ordering Ordering - All Collocation 8.4.CLEC must complete the requirements in the Implementation Schedule Section of this Agreement before submitting a Collocation Application Form to Owest. 8.4.Nothing in this Agreement shall be construed to preclude a CLEC from submitting an order for Collocation prior to CLEC's execution of this Agreement. If, however, the Collocation interval is completed before this September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 101- Section 8 Collocation Agreement or another Interconnection agreement becomes effective, the rates terms, and conditions of this Agreement shall apply to such Collocation. 8.4.Any material changes, modifications or additional engineering (Material Changes) requested by CLEC, subsequent to its original Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application. For purposes of this section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Agreement or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals, 8.4.There are three (3) primary steps in the ordering of Collocation - 1) Forecasting, 2) Application , and 3) Acceptance of Quote. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. CLEC forecast shall be considered accurate for purposes of Collocation intervals if the subsequent Collocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the forecast. If at the time the Application is made the forecasted type of Collocation is not available CLEC may specify a different type of Collocation without affecting the Collocation intervals. The forecast shall include , for each Qwest Premises, the following: Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; Power requirements; Heat dissipation (optional);e) Type of Collocation (e., Caged Physical, Cageless Physical, Shared, ICDF, Virtual, etc. Intentionally Left Blank. Entrance Facility Type (e... Express Fiber, Private Line); Type and Quantity of Terminations (optional); and September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 102 - Section 8 Collocationi) Month or Quarter during or after which CLEC expects to submit its Collocation Application. 8.4.1.4.The following terms shall apply to the forecasting process: CLEC forecasts shall be provided as detailed in Section 8.4.1.4; b) CLEC forecasts shall be Confidential Information and Qwest may not distribute , disclose or reveal , in any form, CLEC forecasts other than as allowed and described in subsections 5.16,1 and 5.16. 8.4.CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises, A Collocation Application shall be considered complete, if it contains: Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; Power requirements; Heat Dissipation;e) Type of Collocation (e., Caged Physical, Cage less Physical , Shared Virtual , etc.f) Collocated equipment and technical equipment specifications (Manufacturer Make , Model No., Functionality i.e., Cross Connect, DLC, DSLAM, Transmission, Switch , etc., Physical Dimensions , Quantity). (NOTE: Packet or circuit switching equipment requires, in writing and attached to the Application how this equipment is necessary for access to UNEs or Interconnection, High level equipment interface or connectivity schematic for equipment that is not on the approved equipment list or has not been used by CLEC for a similar purpose before, must also accompany this Application. CLEC using approved equipment found at www,qwestcom/whoiesale/pcaticollocation.htmi need not comply with this provision); Entrance Facility Type; Type and Quantity of Terminations;i) If desired, an alternate form of Collocation if first choice is not available; and Billing Contact 8.4.Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days after receipt of the Application. Qwest shall provide sufficient detail so that CLEC has September 13, 2006/ccd/ID OwestlMCI Negotiated Agreement CDS -060830-0001 - 103- Section 8 Collocation a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten calendar Days after being advised of the deficiencies. 8.4.Acceptance - After receipt of a Collocation Quote Form from Owest CLEC shall formally accept the quote in order for Owest to continue the processing of the Collocation Application. A Collocation Acceptance shall be considered complete, if it contains: Signed Notification of Acceptance; and Payment of fifty percent (50%) of quoted charges. 8.4.Collocation Space Reservation - allows CLEC to reserve space and identify, to the extent available, infrastructure incidental to that space such as power HVAC, in a Owest Premises for up to one (1) year for transmission equipment (ATM Packet Switching, DSLAM), three (3) years for circuit switching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Owest Premises through the Collocation Space Reservation Application Form. Requests for contiguous space will be honored , if available, 8.4.Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form, Owest will provide the space feasibility within ten (10) calendar Days. 8.4,Collocation Space Reservation Quotation - If space is available Owest will provide a specific price quote based on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quote and a Billing invoice for twenty-five percent (25%) payment of nonrecurring charges will be sent to CLEC within twenty-five (25) calendar days from the Collocation Space Reservation Application receipt. 8.4.Collocation Space Reservation Acceptance CLEC must electronically submit Acceptance or non-Acceptance of the quote within seven (7) calendar days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirty (30) calendar days of receipt of the quotation, Owest will honor the reservation upon receipt of the payment only if Owest does not receive a competing request for the same space from another CLEC. Owest will not honor reservations if CLEC submits the Acceptance more than thirty (30) calendar days after receipt of the quotation. 8.4.Upon receipt of the twenty-five percent (25%) payment, Owest will reserve the space on behalf of CLEC in accordance with the Application and take the necessary steps to ensure the availability of power, HVAC and other components reflected on the application for reservation. Owest will hold the reservation for the applicable reservation period after the twenty-five percent (25%) payment. This payment will be applied to the subsequent Collocation Application. September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 104- Section 8 Collocation 8.4.7.4 CLEC may cancel the reservation at any time during the applicable reservation period. Upon notification of the cancellation, Qwest will refund a prorated portion of the twenty-five percent (25%) payment as follows:a) Cancellation notification within ninety (90) calendar days from receipt of wire transfer, seventy five percent (75%) of the initial down payment will be returned to CLEC,b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) calendar days from receipt of wire transfer, fifty percent (50%) of the initial down payment will be returned to CLEC.c) Cancellation notification within one hundred and eighty-one (181) and two hundred and seventy (270) calendar days from receipt of wire transfer, twenty-five percent (25%) of the initial down payment will be returned to CLEC. d) Cancellation notification after two hundred and seventy (270) calendar days from receipt of wire transfer, zero percent (0%) of the initial down payment will be returned to CLEC. 8.4,Collocation Space Option 8.4.1 CLEC, Qwest, and Qwest Affiliates may Option space in Qwest Wire Center Premises in accordance with the terms of this Section 8.4.8 for the following equipment and time periods: Transmission equipment - one (1) year Circuit switching equipment - three (3) years Power plants - five (5) years 8.4.Optioned space is offered to CLECs for Caged , Cageless, and Virtual Collocation. To promote fairness and prevent warehousing, the following limits apply:a) The Party requesting the Option may specify the amount of space to be Optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space. b) A requesting CLEC may Option one (1) Collocation space per Wire Center. is: The maximum amount of space per Wire Center to be Optioned 8.4. - 200 square feet for Caged Collocation - 4 bays for Cage less and Virtual Collocation The Collocation Space Option Application form will September 13, 2006/ccd/ID QwesUMCI Negotiated Agreement CDS -060830-0001 - 105 - Section 8 Collocation processed upon receipt of a properly completed request. Such form shall considered properly completed if it contains identifying information of CLEC, the applicable Qwest Premises, the amount of Collocation space sought, the type of Collocation (Caged, Cageless , Virtual) and the type of equipment (from the categories identified in Section 8.4.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Qwest. Upon receipt of the Collocation Space Option Application form, Qwest will confirm in writing, within ten (10) calendar Days, the availability of, and price quote (the "Option Fee ) for the Optioned space. If space is not available , Qwest will deny the request. 8.4.8.4 CLEC must electronically submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee, within seven (7) calendar Days of receipt of the quotation. When Qwest takes an Option on space for itself, Qwest shall impute an amount equal to the Option Fee to the appropriate operations for which the Optioned Space applies. The Option quote expires seven (7) calendar Days after delivery to CLEC. 8.4.Upon receipt of Acceptance and full payment of the nonrecurring portion of the Option Fee, Qwest will Option the space on . behalf of CLEC including the contiguous space requests if available (or itself if appropriate) and the Option time frame will begin. The prioritization of Optioning will be based upon the date and time of the Acceptance. The earlier in time an Acceptance is received by Qwest, the higher in priority is such Option. The Option is limited to space only and does not include other elements required to provision the Collocation. 8.4.In order for an Option request to avoid expiration , CLEC must: Submit a Collocation Application during the Option time frame; or b) The Option may be renewed if a Collocation Space Option Application is received at least ten (10) calendar Days prior to the expiration of the term of the existing Option. The priority of a renewed Option is determined by the date CLEC accepts the quote from Qwest on CLEC's renewal application. 8.4.First Right of Refusal - If Qwest receives a valid Collocation Application (CLEC A is the requesting Party) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4,All Qwest out of space reporting requirements applyto the Collocation Application (Sections 8.11 and 8.12). addition , Qwest will provide CLEC A with Option space information (e, Caged and Cageless Optioned space) that may fulfill the requirements of CLEC A's Collocation Application. At CLEC A's request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A's Collocation Application. September 13, 2006/ccd/lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 106- Section 8 Collocation 8.4.The Option Enforcement Notice serves as notification to the Option Party that awest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal , or relinquish their space Option. The Option Party may exercise it's Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4,5, or by submitting the Collocation Space Reservation Application set forth in Section 8.4., within ten (10) calendar Days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.Where contiguous space has been Optioned, awest will make its best effort to notify CLEC if awest, its Affiliates or CLECs require the use of CLEC's contiguous space. Upon notification, CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4,7.4 The rate elements for the Collocation Space Option are comprised of the following:a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process.b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month. 8.4.In the event that the Option Party proceeds with a Collocation Application for optioned space all payments made pursuant to Section 8.4.7.4(b) above shall be applied to such Application. 8.4.The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per CLEC per week per state. If six (6) or more Collocation orders are submitted by CLEC in a one-week period in the state, intervals shall be individually negotiated. awest shall, however, accept more than five (5) Applications from CLEC per week per state, depending on the volume of Applications pending from other CLECs. Ordering - Virtual Collocation 8.4.Application - Upon receipt of a complete Collocation Application as described in Section 8.4., awest will perform a feasibility study to determine if adequate space, power and HV AC can be found for the placement of CLEC's equipment September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 107 - Section 8 Collocation within the Premises. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete Application. 8.4.If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation - If Collocation entrance facilities and space are available, Qwest will develop a price quotation within twenty-five (25) calendar days of completion of the feasibility study. Subsequent requests to augment an existing Collocation also require receipt of an Application. Adding plug-ins, e., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotes will be honored for thirty (30) calendar days from the date the quote is provided. During this period the Collocation entrance facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 8.4.6, space will be reserved and construction by Qwest will begin. 8.4.2.4 Interval -- The interval for Virtual Collocation shall vary depending upon four factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved, in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days receipt of the quotation; 3) whether CLEC delivers its collocated equipment to Qwest in a timely manner, which shall mean within fifty-three (53) calendar days of the receipt of the complete Collocation Application; and 4) whether the Application requires major infrastructure additions or modifications. The installation of line cards and other minor modifications shall be performed by Qwest on shorter intervals and in no instance shall any such interval exceed thirty (30) calendar days. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.2.4.Forecasted Applications with Timely Acceptance - If an Application is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty- three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Application. CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within forty-five (45) calendar days of the receipt of all of CLEC's equipment. September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 108 - Section 8 Collocation 8.4.2.4,Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within forty-five (45) calendar days of the receipt of all of CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) calendar days after receipt of the Qwest quotation, the Application shall be resubmitted by CLEC. 8.4.2.4,Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar days after receipt of the complete Collocation Application , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within seventy-five (75) calendar days of the receipt of all of CLEC's equipment. 8.4,2.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Acceptance. If CLEC' equipment is not delivered to Qwest within fifty-three (53) calendar days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within seventy-five (75) calendar days of the receipt of all of CLEC's equipment. 8.4.2.4,Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space, permits, DC Power Plant, Standby Generators Heating, Venting or Air Conditioning Equipment. The installation intervals in Sections 8.4.2.4.through 8.4.2.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required , and if all of CLEC's equipment is September 13, 2006/ccd1lD QwestlMCI Negotiated Agreement CDS -060830-0001 - 109 - Section 8 Collocation available at the Qwest Premises no later than fifty-three (53) calendar days after receipt of the complete Collocation Application , Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) calendar days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4. when CLEC submits a Collocation Application. If not withstanding these efforts, Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval. Qwest may seek a waiver from the Commission to obtain an extended interval. Ordering - Caged and Cageless Physical Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for the placement and operation of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Application. 8.4.If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.Quotation -- If Collocation entrance facilities and space are available Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. Physical Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period, the Collocation entrance facility and space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.6 space will be reserved and construction by Qwest will begin. 8.4,3.4 Interval - The interval for Physical Collocation shall vary depending upon three factors - 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar days of receipt of the quotation; and, 3) whether the Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 110- Section 8 Collocation minimize the extension of the intervals beyond such standard intervals. 8.4.3.4.Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application , and if CLEC provides a complete Acceptance within seven (7) calendar days of receipt of the Qwest Collocation quotation Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Application, 8.4.3.4.Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar days after receipt of the Qwest quotation, a new Application shall be resubmitted by CLEC. 8.4.3.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Application. 8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar days of the receipt of the complete Collocation Acceptance. 8.4.3.4.Intervals for Major Infrastructure Modifications Where Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space, permits, DC Power Plant, Standby Generators, Heating, Venting or Air Conditioning Equipment. The installation intervals in Sections 8.4,3.4.through 8.4.3.4.4 may be extended if required , to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, Qwest shall propose to complete its installation of the Collocation Arrangement within an interval of no more than one hundred and fifty (150) calendar days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. September 13, 2006/ccd/ID QwestiMCI Negotiated Agreement CDS -060830-0001 111- Section 8 Collocation 8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Owest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.3.4. when CLEC submits a Collocation Application. If not withstanding these efforts Owest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval, Owest may seek a waiver from the Commission to obtain an extended interval. Ordering - Interconnection Distribution Frame (ICDF) Collocation 8.4.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4,5, Owest will perform a feasibility study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Application. The ICDF Collocation Application shall include a GLEe-provided eighteen (18) month forecast of demand, by DSO, DS1 and DS3 capacities, that will be terminated on the Interconnection Distribution Frame by Owest on behalf of CLEC. Such forecasts shall be used by Owest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Owest Wire Center. 8.4.4.If Owest determines that the Application is not complete, Owest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar Days after being advised of the deficiencies. 8.4.4.Quotation -- If space is available, Owest will develop a quote for the supporting structure. Owest will complete the quotation no later than twenty-five (25) calendar days of providing the feasibility study, ICDF Collocation price quotes will be honored for thirty (30) calendar days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4,Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Owest will begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved, in accordance with Section 8.4.7 and 2) whether CLEC provides its Acceptance within seven (7) calendar days of the quotation. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below Owest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.4.4.Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application , and if CLEC provides a complete Acceptance September 13, 2006/ccd/lD QwesUMCI Negotiated Agreement CDS -060830-0001 112- Section 8 Collocation within seven (7) calendar days of receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within forty- five (45) calendar days of the receipt of the complete Collocation Application. 8.4.4.4.Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Owest Collocation quotation , Owest shall complete its installation of the Collocation arrangement within forty-five (45) calendar days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Owest quotation , the Application shall be resubmitted by CLEC. 8.4.4.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar days after receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Owest must request a waiver from the Commission. 8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar days prior to submission of the Application and if CLEC provides a complete Acceptance more than seven (7) calendar days but less than thirty (30) calendar days after receipt of the Owest Collocation quotation , Owest shall complete its installation of the Collocation arrangement within ninety (90) calendar days of the receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval , in which case Owest must request a waiver from the Commission. Ordering - Adjacent Collocation 8.4.If space for Physical Collocation in a particular Owest Premises is not available at the time of CLEC's request CLEC may request Owest to conduct a feasibility study for Adjacent Collocation for that Premises site. Owest recommends that Owest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Owest's property. Owest will make available, within ten (10) business days, drawings of the Owest physical structures above and below ground for the requested Adjacent Collocation site. 8.4.If a new structure is to be constructed, the interval shall be developed on an Individual Case Basis, to account for the granting of permits or ROW, if required, the provision of Collocation services by Owest, in accordance with CLEC's Application, and the construction by CLEC of the adjacent structure. If CLEC disputes the interval September 13, 2006/ccd/ID OwestlMCI Negotiated Agreement CDS -060830-0001 113- Section 8 Collocation proposed by Qwest, Qwest must promptly petition the Commission for approval of such disputed interval. 8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation , and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.If space for Physical Collocation or Virtual Collocation in a particular Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.4.1 and 8.4. Ordering - CLEC to CLEC Connections 8.4.Application -- Upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e, h and D. Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Qwest Premises, or to another CLEC's equipment in the same Premises, The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Application. 8.4.If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises , CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar days after being advised of the deficiencies. 8.4.Quotation -- If existing cable racking is available, Qwest will provide CLEC with a quote and the specific cable rack route to CLEC with the feasibility study. additional cable racking is required to accommodate CLEC's request, Qwest shall provide a feasibility and quote to CLEC no later than ten (10) calendar days of receipt of Collocation Application. CLEC-to-CLEC Connection quotes will be honored for thirty (30) calendar days from the date the quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4,Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC Connections: 8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 114- Section 8 Collocation charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of its copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 8.4.2 CLEC-to-CLEC Connections using new cable rack, - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4. Qwest will begin construction of the new cable rack, 8.4.7.4 Interval - Pursuant to Section 8.4,, the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall be within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation, the Application shall be resubmitted by CLEC. Ordering - Direct Connections 8.4.Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation, upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e, hand D, Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable, or any other Technically Feasible method, used for Direct Connection (as described in Section 8.11.2). The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Application. 8.4.If Qwest determines that the Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Application and resubmit the Application within ten (10) calendar Days after being advised ofthe deficiencies. 8.4.Quotation - If existing cable racking is available, Qwest will provide CLEC with a quote and the specific cable rack route with the feasibility study. additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quote to CLEC no later than ten (10) calendar Days after receipt of a complete Collocation Application. Direct Connection quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4. Connection: Acceptance - There are two (2) forms of Acceptance for Direct 8.4.Direct Connection with existing cable rack. CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. 8.4.Direct Connection using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4.6, Qwest will September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 - 115- Section 8 Collocation begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring MELDTM and or if new cable racking is required. 8.4.8.4.If CLEC provides a complete Acceptance within thirty (30) calendar Days of receipt of the Owest Collocation quotation , Owest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) calendar Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM , or if new cable racking needs to be installed , Owest will provision the direct trunking within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance, Billing Billing - All Collocation Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Owest will provide CLEC a completion package that will initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Owest, and Owest has received the final fifty percent (50%) balance, Owest will activate CLEC transport services and/or UNEs or ancillary services coincident with completion of the Collocation. In the event Owest has completed all associated construction activities and CLEC has not completed its associated activities (e.g" delivering fiber to the C-POI or providing the equipment cables for connecting to the Interconnection Distribution Frame), Owest will bill an adjusted amount of the remaining nonrecurring balance, close the job, and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POI, Owest will request the balance due minus the dollar amount specific to this work activity, and begin Billing the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Owest to return and complete the splicing activity at the rate reflected in this Agreement. In the case of missing equipment cables, CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Owest approved vendor and follow the designated racking route. Final test and turn-up will be performed under the maintenance and repair process contained herein. Billing - Virtual Collocation Virtual Collocation will be considered complete when the Premises is Ready for Service (RFS). Cooperative testing between CLEC and Owest may negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. Billing - Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS September 13, 2006/ccd1lD QwesUMCI Negotiated Agreement CDS -060830-0001 - 116- Section 8 Collocation date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Qwest will schedule with CLEC, a walk through of the space. During this joint walk through, Qwest will turn over access to the space and provide security access for the Premises. Upon completion of the Acceptance walk through, CLEC will be provided the Caged or Cage less Physical Collocation completion package. The monthly Billing for leased space, DC Power, Entrance Facility, and other associated monthly charges will commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.7, If Qwest despite its best efforts, including notification through the contact number on the Collocation Application , is unable to schedule the walk through with CLEC within twenty- one (21) calendar Days of the RFS, Qwest shall activate the monthly recurring charges, Maintenance and Repair Virtual Collocation Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. Installation and maintenance of CLEC's virtually collocated equipment will be performed by Qwest or a Qwest authorized vendor. Upon failure of CLEC'virtually collocated equipment, Qwest will promptly notify CLEC of such failure and the corrective action that is needed. Qwest will repair such equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. Physical Collocation CLEC is responsible for the maintenance and repair of its equipment located within CLEC's leased space. Interconnection Distribution Frame CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Qwest is responsible for the overall repair and maintenance of the frame; including horizontal and vertical mounting positions, cable raceways, rings, and troughs, and general housekeeping of the frame. Adjacent Collocation and Adjacent Remote Collocation 6.4.CLEC is responsible for the maintenance and repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 117- Section 8 Collocation Reserved for Future Use. September 13, 2006/ccd/ID QwestlMCI Negotiated Agreement CDS -060830-0001 118-