20061113Application Part II.pdf

Section 9
Unbundled Network Elements
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS
General Terms
Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Owest is required to
unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Owest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, or the Bona
Fide Request Process, CLEC may identify and request that Owest furnish additional or revised
UNEs to the extent required under Section 251 (c)(3) of the Act and other Applicable Laws.
Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently
defined by the FCC or the state Commission.
Owest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Owest provides, as well as the access provided to that
element, will be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Owest will be
provided in "substantially the same time and manner" to that which Owest provides to itself or to
its Affiliates. In those situations where Owest does not provide access to network elements to
itself, Owest will provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Owest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the network element, except when the provisions
herein indicate that a network element will be shared (such as Shared Transport).
Notwithstanding the foregoing, Owest shall provide access and UNEs at the service
performance levels set forth in Section 20. Notwithstanding specific language in other sections
of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are
subject to this requirement. In addition , Owest shall comply with all state wholesale service
quality requirements.
If facilities are not available, Owest will build facilities dedicated to an
End User Customer if Owest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic Local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic Local
Exchange Service. CLEC will be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Owest does not agree
that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to
Section 9.19 of this Agreement.
Upon receipt of an LSR or ASR, Owest will follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
If cable capacity is available , Owest will complete incremental
facility work (Le., conditioning, place a drop, add a network interface device, card
existing subscriber Loop carrier systems at the Central Office and Remote
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Terminal, add Central Office tie pairs, add field cross jumpers) in order to
complete facilities to the Customer premises.
During the normal assignment process, if no available facilities
are identified for the UNE requested , Owest will look for existing engineering job
orders that could fill the request in the future. If an engineering job currently
exists, Owest will add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Owest will send CLEC
another FOC with a new Due Date. If facilities are not available and no
engineering job exists that could fill the request in the future, Owest will treat
CLECs request as follows:
1 For UNEs that meet the requirements set forth in
Section 9., CLEC will receive a jeopardy notice. Owest will initiate an
engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, CLEC can request a
different Due Date by submitting a SUP to change the Due Date to a later
date.
1.2.For UNEs that do not meet the requirements in
Section 9., Owest will send CLEC a rejection notice canceling the
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.1.4 Owest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $100 000 in total cost,
the estimated ready for service date, the number of pairs or fibers added, and the
location of the new facilities (e.g., Distribution Area for copper distribution, route
number for copper feeder, and termination CLL! codes for fiber). CLEC
acknowledges that Owest does not warrant or guarantee the estimated ready for
service dates. CLEC also acknowledges that funded Owest outside plant
engineering jobs may be modified or cancelled at any time.
Notwithstanding any reference, definition or provision to the contrary, CLEC may
provide any Technically Feasible data or voice Telecommunications Services allowed by law
over any Loop or Loop portion of a UNE Combination, including without limitation
, "
voice
services over high frequency portions of any Loop or "data" services over any low frequency
portion of any Loop, provided such services do nor interfere with "voice band" or "data band"
transmission parameters in accordance with FCC rules as more particularly described in this
Agreement. Any related equipment provided by CLEC to deliver Telecommunications Services
contemplated by this section must comply with appropriate ANSI standards such as T1.417 and
T1.413. Other references to the voice or voice band portion of the Loop in this Agreement will
mean the low frequency portion of the Loop.1.4 Owest will provide a connection between Unbundled Network Elements and a
Loop Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is
required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP
provides the connection between the Unbundled Network Element and the ICDF or other
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Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges
for the ITP are contained in Exhibit A. CLEC may order regeneration along with an ITP, and the
charges listed in Exhibit A will apply. The ITP may be ordered per termination. TheDemarcation Point shall be: a) at GLEe-provided cross-connection equipment located in CLEC's Virtual
or Physical Collocation Space; orb) if CLEC elects to use ICDF Collocation , at the Interconnection
Distribution Frame (lCDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation , at the ICDF; ord) if CLEC elects to use a direct connection from its Collocation space to
the distribution frame serving a particular element, at the distribution frame; or
Parties.
at another Central Office Demarcation Point mutually-agreed to by the
CLEC may connect Network Elements in any Technically Feasible manner.
Owest will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Owest provides to itself. Owest will provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Owest in combination or
as elements to be combined by CLEC), so that GLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Owest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Owest shall not in any way restrict
CLECs use of any element or combination of elements (regardless of whether such combination
of elements is ordered from Owest in combination or as elements to be combined by CLEC)
except as Owest may be expressly permitted or required by Existing Rules.
Except as set forth in Section 9., the UNE Combinations Section, Owest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
When elements are provisioned by Owest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Owest or CLEC):a) Owest will perform testing necessary or reasonably requested
by CLEC, to determine that such UNE is capable of meeting the technical
parameters established for each UNE.b) Owest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
Owest will cooperate with CLEC in any Technically Feasible
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testing necessary or reasonably requested by CLEC to assist in determining end-
to-end transmission and circuit functionality of such UNE.
When elements are provisioned by Owest in combination:a) Owest will perform testing necessary or reasonably requested
by CLEC to determine that such combination and each UNE included in such
combination is capable of meeting the technical parameters of the combination.b) Owest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.c) Owest will cooperate with CLEC in any Technically Feasible
testing necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
Installation intervals for Unbundled Network Elements are contained in Exhibit C.
Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Owest Web site.
In order to maintain and modernize the network properly, Owest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Owest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
and new area code implementation. FCC rules are contained in CFR Part 51 and 52. Owest
provides such disclosures on an Internet web site.10 Channel Regeneration Charge. This charge is required when the distance from
the Owest network to the leased physical space (for Physical Collocation), the collocated
equipment (for Virtual Collocation), or the ICDF (for ICDF Collocation) is of sufficient length to
require regeneration. Cable distance limitations are based on the most current version of ANSI
Standard T1.1 02-1993 " Digital Hierarchy - Electrical Interface; Annex B"
Exhibit A of this Agreement contains the rates for Unbundled Network Elements.12 Miscellaneous Charges are defined in the Definitions Section. Miscellaneous
Charges are in addition to nonrecurring and recurring charges set forth in Exhibit A.
Miscellaneous Charges apply to activities CLEC requests Owest perform , activities CLEC
authorizes, or charges that are a result of CLECs actions, such as cancellation charges. Rates
for Miscellaneous Charges are contained in Exhibit A. Unless otherwise provided for in this
Agreement, no additional charges will apply.
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Section 9
Unbundled Network Elements
Unbundled Loops
Description
The Local Loop network element is defined as a transmission facility between a distribution
frame (or its equivalent) in an incumbent LEC Central Office and the Loop Demarcation Point at
an End User premises. The Local Loop network element includes all features, functions, and
capabilities of such transmission facility. Those features, functions, and capabilities include, but
are not limited to, Dark Fiber, attached electronics (except those electronics used for the
provision of Advanced Services, such as Digital Subscriber Line Access Multiplexers), and line
conditioning. The Local Loop includes, but is not limited to, DSO, DS1 , DS3, fiber, and other
high capacity Loops.1 "Loop Demarcation Point" - is defined for purposes of this section as the
point where Owest owned or controlled facilities cease, and CLEC , End User, owner or
landlord ownership of facilities begins.
Terms and Conditions
Owest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops , (unbundled from local switching and transport) of substantially the same quality
as the Loop that Owest uses to provide service to its own End Users. For Unbundled
Loops that have a retail analogue, Owest will provide these Unbundled Loops in
substantially the same time and manner as Owest provides to its own End Users.
Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
Use of the word "capable" to describe Loops in Section 9.
means that Owest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
Use of the word "compatible" to describe Loops in Section 9.
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Owest makes no assumptions as
to the capabilities of CLEC's Central Office equipment or the Customer premises
equipment.
2.2.Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration,
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
If Owest uses Integrated Digital Loop Carrier (lDLC) systems to
provide the Local Loop, Owest will first attempt, to the extent possible, to make
alternate arrangements such as Line and Station Transfers (LST), to permit
CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available
Owest may also seek alternatives such as Integrated Network Access (INA), hair
pinning, or placement of a Central Office terminal, to permit CLEC to obtain an
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Unbundled Loop. If no such facilities are available, Owest will make every
feasible effort to unbundle the IDLC in order to provide the Unbundled Loop for
CLEC.
In areas where Owest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about a CLEC'
ability to provide service through available copper facilities on a broad
scale, CLEC shall have the ability to gain access to Owest information
sufficient to provide CLEC with a reasonably complete identification of
such copper facilities. Owest shall be entitled to mediate access in a
manner reasonably related to the need to protect confidential or
proprietary information. CLEC shall be responsible for Owest's
incremental cost to provide such information or access mediation.
If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop Owest will provide an Analog Unbundled
Loop that meets the minimum state technical performance standard. If
necessary to meet the state standards, Owest will , at no cost to CLEC, add or
remove load coils and Bridged Taps from the Loop in accordance with the
requirements of the specific technical standard.
Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL-
Capable Loops. Unbundled digital Loops are transmission paths capable of carrying
specifically formatted and line coded digital signals. Unbundled digital Loops may be
provided using a variety of transmission technologies including, but not limited to
metallic wire , metallic wire based digital Loop carrier, and fiber optic fed digital carrier
systems. Owest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Owest uses for itself to provide the requisite
service. Digital Loops may use a single or multiple transmission technologies. DC
continuity does not apply to digital capable Loops. If conditioning is required, then CLEC
shall be charged for such conditioning as set forth in Exhibit A if it authorized Owest to
perform such conditioning.
Owest shall provide fiber and other high capacity Loops
including but not limited to OC3, OC12, OC48 and OC192 Loops. With the
exception of the digital Loops identified in Section 9., Owest shall provide
unbundled fiber and high capacity Loops to CLEC(s) where facilities are available
and existing on an 1GB basis. Owest will provision fiber and other high capacity
Loops in a non-discriminatory manner, using the same facilities assignment
processes that Owest uses for itself to provide the requisite service.
continuity does not apply to fiber and other high capacity Loops provided under
this Section. Owest shall allow CLEC to access these high capacity Loops at
accessible terminals including DSXs, FDPs or equivalent in the Central Office
Customer premises, or at Owest owned outside plant structures (e., CEVs, RTs
or huts) as defined in Section 9.1. Nonrecurring and recurring charges shall
apply for fiber and other high capacity Loops provided under this Section as set
forth in Exhibit A.
If CLEC orders a 2/4 wire non loaded or ADSL compatible
Unbundled Loop for a Customer served by a digital Loop carrier system Owest
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will conduct an assignment process which considers the potential for a LST or
alternative copper facility. If a LST is not available, Owest may also seek
alternatives such as Integrated Network Access (INA), hair pinning, or placement
of a Central Office terminal , to permit CLEC to obtain an Unbundled Loop. If no
such facilities are available, Owest will make every feasible effort to unbundle the
IDLC in order to provide the Unbundled Loop for CLEC. If no copper facility
capable of supporting the requested service is available, then Owest will reject
the order.
2.4 Non-Loaded Loops. CLEC may request that Owest provide a non-
loaded Unbundled Loop. In the event that no such facilities are available, CLEC may
request that Owest condition existing spare facilities. CLEC may indicate on the LSR
that it pre-approves conditioning if conditioning is necessary. If CLEC has not pre-
approved conditioning, Owest will obtain CLEC's consent prior to undertaking any
conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if
conditioning is necessary, Owest will dispatch a technician to condition the Loop by
removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop.
CLEC will be charged the nonrecurring conditioning charge (Le., cable unloading and
Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation
nonrecurring charge.
2.4.Where Owest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Owest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half of the conditioning
charges made , unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Owest to deliver
it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Owest to cure any
defect and Owest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Owest will dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters, if required, BRITE cards in order to provision the Basic
Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be required
in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the Circuit Design requires Extension Technology, to bring it up to
the design standards , it will be added by Owest, at no charge. Extension Technology
can also be.requested by CLEC to meet their specific needs. If Extension Technology is
requested by CLEC, but is not required to meet the technical standards, then Owest will
provide the requested Extension Technology and will charge CLEC. Owest will
provision ISDN (BRI) Capable and xDSL-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC will
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge , if applicable, as specified in Exhibit A of this Agreement. The
ISDN Capable Loop may also require conditioning (e.g., removal of loads or Bridged
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Taps).
For DS1 or DS3 capable Loops, Owest will provide the necessary
electronics at both ends, including any intermediate repeaters. In addition , CLEC will
have access to these terminations for testing purposes.
DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS1 panel or equivalent in a Owest serving
Central Office and the network interface at the End User location. DS1 capable
Loops transport bi-directional DS1 signals with a nominal transmission rate of
544 Mbit/s. DS1 capable Loops shall meet the design requirements specified
in Technical Publication 77375 (Unbundled Loops) and 77375 (DS1).
2.2.DS3 capable Loops provide a transmission path between a
Owest Central Office network interface and an equivalent network interface at an
End User location. DS3 capable Loops transport bi-directional DS3 signals with
a nominal transmission rate of 44.736 Mbit/s. DS3 capable Loops shall meet the
design requirements specified in Technical Publications 77384 (Unbundled Loop)
and 77324 (DS3).
Owest is not obligated to provision BRI-ISDN , xDSL-, DS1 , or DS3
capable or ADSL compatible Loops to End User Customers in areas served exclusively
by Loop facilities or transmission equipment that are not compatible with the requested
service.
Loop Oualification Tools. Owest offers five (5) Loop qualification tools:the ADSL Loop Oualification Tool, Raw Loop Data Tool, POTS Conversion to
Unbundled Loop Tool, MegaBit Oualification Tool, and ISDN Oualification Tool. These
and any future Loop qualification tools Owest develops will provide CLEC access to
Loop qualification information in a nondiscriminatory manner and will provide CLEC the
same Loop qualification information available to Owest. If the Loop make-up information
for a particular facility is not contained in the Loop qualification tools, if the Loop
qualification tools return unclear or incomplete information , or if the CLEC questions the
accuracy of the information in the Loop qualification tools, then CLEC may request that
Owest perform a manual look-up of the company s records, back office systems and
databases where loop information resides.. Owest will provide the CLEC the loop
information identified during the manual look up within forty-eight (48) hours of Owest's
receipt of the CLEC's request for manual look up. After completion of the investigation
Owest will load the information into the LFACS database In the event the manual look
up will take longer than forty-eight (48) hours , Owest will notify CLEC within forty-eight
(48) hours of the expected date upon which Owest can provide the manual loop make
up information.
ADSL Loop Oualification Tool. CLEC may use the ADSL Loop
Oualification tool to pre-qualify the requested circuit utilizing the existing
telephone number or address to determine whether it meets ADSL specifications.
The qualification process screens the circuit for compliance with the design
requirements specified in Technical Publication 77384.
Raw Loop Data Tools. Owest offers two (2) types of Raw Loop
Data Tool. If CLEC has a digital certificate, CLEC may access the Wire Center
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Raw Loop Data Tool via: http://.ecom.qwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLL! code
cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub-
segment (e., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire Center CLL! code, cable
name, pair name, terminal address, ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length , segment gauge, bridges taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pairgain type.
POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLECs through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are loads on the Loop.
9.2.8.4 MegaBit Oualification Tool. The MegaBit Oualification Tool is
available to CLECs through IMA-GUI or IMA-EDI. This tool provides a "yes/no
answer regarding the Loop s ability to support Owest DSL (formerly MegaBit)
service. If the MegaBit Oualification Tool returns a "" answer, it provides a
brief explanation.
ISDN Oualification Tool. The ISDN Oualification Tool is
available to CLECs through IMA-GUI or IMA-EDI. This tool permits CLEC to
view information on multiple lines and will inform CLEC of the number of lines
found. If an ISDN capable Loop is found, the tool identifies the facility and , if
applicable, pair gain.
Provisioning Options. Six (6) Provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Owest Technical Publication 77384.
Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, Owest will call CLEC to notify
CLEC that the Owest work has been completed.
For an existing End User, the Basic Installation
option is a "lift and lay" procedure. The Central Office Technician (COT)
lifts" the Loop from its current termination and "lays" it on a new
termination connecting to CLEC. There is no associated circuit testing
performed.1.2 For new End User service, the Basic Installation
option involves the COT and Field Technician (CST/NT) completing
circuit wiring and performing the required performance tests to ensure the
new circuit meets the required parameter limits. The test results are NOT
provided to CLEC.
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For basic installation of existing 2/4 wire analog
Loops, Owest provides a Ouick Loop with or without Local Number
Portability (LNP) option that enables CLEC to receive the Ouick Loop
installation interval as set forth in Exhibit C. Ouick Loop without LNP
installation includes only a simple lift and lay procedure. Ouick Loop with
LNP installation provides a lift and lay, and the LNP functions. Ouick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
For an existing End User, Basic Installation with
Performance Testing is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting CLEC. The COT and
Implementor/Tester perform the required performance tests to ensure that
the new circuit meets required parameter limits.
The Owest Implementor/Tester will read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single , designated CLEC office email
address.
For new End User service , the Basic Installation with
Performance Testing option requires a dispatch to the End User
premises. The COT and Field Technician complete circuit wiring and
perform the required performance tests to ensure the new circuit meets
the required parameter limits. These test results are read to CLEC by the
Owest Implementor/Tester on close-out. Within two (2) business days,
Owest will email the performance test results to a single , designated
CLEC office email address.
Coordinated Installation with Cooperative Testing. Coordinated
installation with cooperative testing may be ordered for new or existing service.
For both new and existing service , CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at the CLEC designated
Appointment Time , the Owest Implementor/Tester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled appointment time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and appointment time.
Owest is not ready within thirty (30) minutes of the scheduled appointment time
Owest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Owest fails to
perform cooperative testing due to Owest's fault, Owest will waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties will attempt to set a new appointment time on the same day
and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new
Due Date.
For an existing End User, Coordinated Installation
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with Cooperative Testing is a "lift and lay" procedure with cooperative
testing. The COT completes the installation in the Central Office and
performs testing that CLEC requests. Upon completion of Owest
performance testing, the Owest Implementor/Tester will contact CLEC
read the Owest test results, and begin CLEC cooperative testing. Within
two (2) business days, Owest will email the Owest test results to a single,
designated CLEC office email address. CLEC will be charged for any
Provisioning test CLEC requests that is not defined in the Owest
Technical Publication 77384.
For new End User service, Coordinated Installation
with Cooperative Testing may require a dispatch of a technician to the
End User premises. The COT and Field Technician complete circuit
wiring and perform the required performance tests to ensure that the new
circuit meets required parameter limits. Upon completion of Owest
performance testing, the Owest Implementor/Tester will contact CLEC,
read the Owest test results, and begin CLEC cooperative testing. Within
two (2) business days, Owest will email the Owest test results to a single
designated CLEC office email address. CLEC will be charged for any
Provisioning test not defined in the Owest Technical Publication 77384.
9.2.9.4 Coordinated Installation without Cooperative Testing.
Coordinated Installation without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
the CLEC designated "Appointment Time , the Owest Implementor/Tester
contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready
within thirty (30) minutes of the scheduled appointment time, then CLEC must
reschedule the installation by submitting a supplemental LSR. If Owest is not
ready within thirty (30) minutes of the scheduled appointment time, Owest will
waive the nonrecurring charge for the installation option and the Parties will
attempt to set a new appointment time on the same day and, if unable to do so,
Owest will issue a jeopardy notice and a FOC with a new Due Date.
9.4.For an existing Unbundled Loop this Coordinated
Installation without Cooperative Testing is a "lift and lay" procedure
without a dispatch, that offers CLEC the ability to coordinate the
conversion activity. The Owest Implementor advises CLEC when the "lift
and lay" procedure is complete.
9.4.For new Unbundled Loops, Owest may dispatch a
technician to terminate the new circuit at the End User premises. The
Field Technician will not remain on the premises to perform the
coordinated installation once the circuit is in place. The COT completes
the installation in the Central Office , and the COT and Implementor/Tester
complete the required performance tests to ensure that the new circuit
meets required parameter limits. CLEC will not receive test results. When
installation is complete, Owest will notify CLEC.
Basic Installation with Cooperative Testing. Basic Installation
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with Cooperative Testing may be ordered for new or existing Unbundled Loops.
For an existing End User, Basic Installation with
Cooperative Testing is a "lift and lay" procedure with Cooperative Testing
on the Due Date. The COT "lifts" the Loop from its current termination
and "lays" it on a new termination connecting to CLEC. Upon completion
of Owest performance testing, the Owest Implementor/Tester will contact
CLEC, read the Owest test results, and begin CLEC cooperative testing.
Within two (2) business days, Owest will email the Owest test results to a
single, designated CLEC office email address. CLEC and Owest will
perform a Loop back acceptance test, accept the Loop, and exchange
demarcation information.
For new End User service, Basic Installation with
Cooperative Testing may require a dispatch to the End User premises.
The COT and Field Technician complete circuit wiring and perform the
required performance tests to ensure the new circuit meets the required
parameter limits.
If Owest fails to perform cooperative testing due to
Owest's fault, Owest will waive the nonrecurring charge for the installation
option. If CLEC still desires cooperative testing, the Parties will attempt to
set a new appointment time on the same day and, if unable to do so,
Owest will issue a jeopardy notice and a FOC with a new Due Date.
Performance Testing.
performance tests for various Loop types:
Owest performs the following
Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts , or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
Basic Rate ISDN and xDSL-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ~ 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
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DS1 Capable Loops
No Load Coils, Opens, Grounds , Shorts, or Foreign Volts
DS3 Capable Loops
Continuity Testing
ADSL Compatible Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ~ 41 dB at 196 kHz
Automatic Number Identification (ANI) when dial-tone is present
Project Coordinated Installation: A project coordinated
installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP , where CLEC orders Unbundled DS1 Capable,
Unbundled DS3 Capable or twenty five (25) or more DSO Unbundled Loops.
The date and time for the project coordinated
installation requires up-front planning and may need to be negotiated
between Owest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Owest's ability to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same FDT in the same Switch (Switch contention) must be
reviewed. In the event that any of these situations would occur, Owest
will negotiate with CLEC for an agreed upon FDT, prior to issuing the
Firm Order Confirmation (FOC). In special cases where CLEC is ordering
Unbundled Loop with LNP , the FDT must be agreed upon, the interval to
reach agreement will not exceed two (2) days from receipt of an accurate
LSR. In addition, standard intervals will apply.
CLEC shall request a project coordinated installation
by submitting a Local Service Request (LSR) and designating this order
as a project coordinated installation in the remarks section of the LSR
form.
CLEC will incur additional charges for the project
coordinated installation dependent upon the coordinated time. The rates
are based upon whether the request is within Owest's normal business
hours or Out Of Hours. Owest normal business hours for Unbundled
Loops are 8:00 a.m. to 5:00 p., Monday through Friday. The rates for
coordinated installations are set forth in Exhibit A. Where LNP is
included, see Section 10.5.4 for rate elements.7.4 Owest will schedule the appropriate number of
employees prior to the cut, normally not to exceed four employees, based
upon information provided by CLEC. If the Project Coordinated
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Installation includes LNP, CLEC. will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation, and , as a result, non-scheduled employees are
required , CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented (supp) to change the Due Date, within twenty
four (24) hours of the negotiated FDT, CLEC will be charged a one
person three (3) hour minimum charge. For Project Coordinated
Installations with LNP, if the Coordinated Installation is cancelled due to
a Owest error or a new Due Date is requested by Owest, within twenty-
four (24) hours of the negotiated FDT, Owest may be charged by CLEC
one person three (3) hour minimum charge as set forth in Exhibit A.
If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful , CLEC and.
Owest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the Customer. If the problem cannot be corrected within an
acceptable timeframe to CLEC or the Customer, CLEC may request the
restoral of Owest service for the ported Customer. Such restoration shall
begin immediately upon request. If CLEC is in error then a supplemental
order shall be provided to Owest. If Owest is in error, no supplemental
order or additional order will be required of CLEC.
If CLEC orders project coordinated Installation with
LNP, Owest shall ensure that any LNP order activity requested in
conjunction with a project coordinated installation shall be implemented in
a manner that avoids interrupting service to the End User.10 Multiplexing. Multiplexing is offered in DS3 to DS1 and DS1 to DSO
configurations. Except as specifically set forth in Section 9.CLEC may order
multiplexing, including conversion from special access or private line circuits, for
Unbundled Loops under the rates, terms and conditions for multiplexing of Enhanced
Extended Loop (EEL) in Section 9.23.9 of this Agreement. The requirements with
respect to providing a significant amount of local exchange traffic under Section 9.23.
shall not apply to conversions to Unbundled Loop.11 In order to properly maintain and modernize the network, Owest may
make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.12 If there is a conflict between an End User (or its respective agent) and
CLEC regarding the disconnection or Provisioning of Unbundled Loops, Owest will
advise the End User to contact CLEC, and Owest will initiate contact with CLEC.
Reserved for Future Use.
Reserved for Future Use.
Facilities and lines Owest furnishes on the premises of CLEC's End User
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up to and including the Loop Demarcation Point are the property of Owest. Owest shall
have reasonable access to all such facilities for network management purposes. Owest
will coordinate entry dates and times with appropriate CLEC personnel to accommodate
testing, inspection repair and maintenance of such facilities and lines. CLEC will not
inhibit Owest's employees and agents from entering said premises to test, inspect, repair
and maintain such facilities and lines in connection with such purposes or, upon
termination or cancellation of the Unbundled Loop service, to remove such facilities and
lines. Such entry is restricted to testing, inspection, repair and maintenance of Owest's
property in that facility. Entry for any other purpose is subject to audit provisions in the
Audit section of this Agreement.
Reserved for Future Use.
Reuse of Loop Facilities
15.When an End User contacts Owest with a request to convert
their local service from CLEC to Owest, Owest will notify CLEC of the loss of the
End User, and will disconnect the Loop Owest provided to CLEC. Owest will
disconnect the Loop only where Owest has obtained proper Proof of
Authorization.
15.When CLEC contacts Owest with a request to convert an End
User from their current CLEC (old CLEC) to them (new CLEC), new CLEC is
responsible for notifying old CLEC of the conversion. Owest will disconnect the
Loop Owest provided old CLEC and, at new CLEC request, where technically
compatible , will reuse the Loop for the service requested by new CLEC (e.
resale service).
15.3. When CLEC contacts Owest with a request to convert an End
User from Owest to CLEC, at CLEC request, Owest will reuse the existing Loop
facilities for the service requested by CLEC to the extent those facilities are
technically compatible with the service to be provided. Upon CLEC request
Owest will condition the existing Loop in accordance with the rates set forth in
Exhibit A.
15.4 Upon completion of the disconnection of the Loop, Owest will
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.16 Lack of Facilities; Priority Right to Facilities. In the event Owest notifies
CLEC that facilities ordered, are not available from Owest at the time of the order, Owest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period, Owest shall
notify the CLEC of such availability. CLEC and Owest acknowledge that the availability
of facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Owest, which predate CLEC's order shall have priority in
any facilities made available under the terms of this section.
Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A of
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this Agreement. Recurring charges vary based on CLEC selected installation options,
conditioning, and Extension Technology.
2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
DS1 and DS3 Capable Loop, OC3, OC12, OC48, OC192, Basic Rate
(BRI) ISDN, ADSL Compatible Loop and xDSL-1 Capable Loop Recurring and
Nonrecurring rates.
1 DSO , DS1 , and DS3 Capable Loop, OCn Conversion Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-Capable Loops.
Conditioning Nonrecurring rates 2/4 wire non-loaded Loops, Basic Rate
(BRI) ISDN, ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and
approved by CLEC.
Miscellaneous Charges, as defined in Sections 4 and 9., may apply.
Out of Hours Coordinated Installations.
For purposes of service installation , Owest's installation hours
are 8:00 a.m. to 5:00 p., Monday through Friday.
Intentionally Left Blank.
Intentionally Left Blank.
7.4 Intentionally Left Blank.
For coordinated installations scheduled to commence Out
Hours , or rescheduled by CLEC to commence Out of Hours, CLEC will incur
additional charges for the Out of Hours coordinated installation as set forth in
Exhibit A.
Ordering Process
2.4.Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Support Functions Section of this Agreement. Detailed ordering
processes are found on the Owest wholesale website.
2.4.Prior to placing orders on behalf of the End User CLEC shall be
responsible for obtaining and have in its possession a Proof of Authorization.
2.4.Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
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2.4.Before submitting an order for a 2/4 wire non-loaded Loop,
ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC
should use one of Owest's Loop make-up tools available via IMA-EDI, IMA-GUI
or the web-based application interface to obtain specific information about the
Loop CLEC seeks to order.
2.4.Based on the Loop make up information provided
through Owest tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Owest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Owest will assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Owest determines that conditioning is necessary, and
CLEC authorizes Owest to perform the conditioning, Owest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit A. If Owest determines that conditioning is
necessary and CLEC has not previously authorized Owest to perform the
conditioning on the LSR, Owest will send CLEC a rejection notice
indicating the need to obtain approval for conditioning. The CLEC must
submit a revised LSR before the conditioning work will commence. Once
Owest receives the revised LSR, the fifteen (15) business day
conditioning interval will begin as described in Section 9.2.4.
2.4.For a 2/4 wire non-loaded Loop, ADSL compatible
Loop, ISDN capable Loop, xDSL-1 capable Loop, or DS1 capable Loop,
Owest will return a Firm Order Confirmation (FOC) to CLEC within
seventy-two (72) hours from receipt of a valid and accurate LSR. Return
of such FOC will indicate that Owest has identified a Loop assignment.
Such FOC will provide CLEC with a firm Due Date commitment or
indication that appropriate facilities are not available to fill CLEC's order.
2.4.If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Owest will return
the FOC with the standard interval (Le. five (5) days).
2.4.If CLEC has not pre-approved Loop
conditioning and Owest determines that the Loop contains load
coils, Owest will notify CLEC via a reject notification. CLEC must
submit and wait for a new version of the LSR approving Loop
conditioning. In this scenario, the Application Date will correspond
to date the new version is received by Owest.
2.4.Reserved for Future Use.
2.4.2.4 Reserved for Future Use.
2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval will start when Owest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
m. For service requests received after 7:00 p.; the service interval will begin on the
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next business day.
2.4.4.When CLEC places an order for an Unbundled Loop with Owest
that is complete and accurate, Owest will reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation will contain the Due Date that specifies the date on which Owest
will provision the Loop. Owest will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Owest must make
changes. to the commitment date, Owest will promptly issue a jeopardy
notification to CLEC that will clearly state the reason for the change
commitment date. Owest will also submit a new Firm Order Confirmation that will
clearly identify the new Due Date.
2.4.Installation intervals for Unbundled Loops apply when Owest has
facilities or network capacity available.
2.4.Upon CLEC request, Owest will convert special access or private line
circuits to Unbundled Loops, with or without multiplexing, provided the service originates
at the CLEC Collocation in the Serving Wire Center. If multiplexing is not involved, then
the Loop conversion ordering process applies. However, if the conversion includes
multiplexing, then the ordering process associated with the conversion to EELs applies.
The requirements with respect to providing a significant amount of local exchange traffic
under Section 9.23.7 shall not apply to conversions to Unbundled Loop.
2.4.Reserved for Future Use.
2.4.When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
2.4.The installation interval for xDSL Loops depends on the need to
condition the Loop.
2.4.When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC will
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) Day interval and Owest determines that conditioning
is required, then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
2.4.Out of Hours Coordinated Installations.
2.4.10.For purposes of this Section , Owest's standard installation hours
are 8:00 a.m. to 5:00 p., Monday through Friday. Installations requested
outside of these hours are considered to be Out of Hours Installations.
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2.4.10.CLEC may request an Out of Hours Coordinated Installation
outside of Owest's standard installation hours.
2.4.10.To request Out of Hours Coordinated Installations, CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
Out of Hours Coordinated Installation in the Remarks section of the LSR.
2.4.10.4 The date and time for Out of Hours Coordinated Installations
may need to be negotiated between Owest and CLEC because of system
downtime, Switch upgrades, Switch maintenance , and the possibility of other
CLECs requesting the same appointment times in the same Switch (Switch
contention).
Maintenance and Repair
CLEC is responsible for its own End User base and will have the
responsibility for resolution of any service trouble report(s) from its End Users. CLEC
will perform trouble isolation on the Unbundled Loop and any associated ancillary
services prior to reporting trouble to Owest. CLEC shall have access for testing
purposes at the NID or Loop Demarcation Point. Owest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Owest's network.Owest and CLEC will report trouble isolation
test results to the other. For Unbundled Loops, each party shall be responsible for the
costs of performing trouble isolation on its facilities, subject to Sections 9.2.2 and
When CLEC requests that Owest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User
side of the Loop Demarcation Point. If the trouble is on the End User s side of the Loop
Demarcation Point, and CLEC authorizes Owest to repair the trouble on CLEC's behalf
Owest will charge CLEC the appropriate Additional Labor Charges set forth in Exhibit A
in addition to the Maintenance of Service charge.
When CLEC elects not to perform trouble isolation and Owest performs
tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge shall
apply if the trouble is not in Owest's facilities. Maintenance and repair processes are set
forth in Section 12.3 of this Agreement. Maintenance of Service charges are set forth in
Exhibit A.5.4 Owest will maintain detailed records of trouble reports of GLEe-ordered
Unbundled Loops comparing CLEC provided data with internal data, and evaluate such
reports on at a minimum of a quarterly basis to determine the cause of Loop problems.
Owest will conduct a quarterly root cause analysis of problems associated with UNE
Loops provided to CLECs by Owest. Based on this analysis , Owest will take corrective
measure to fix persistent and recurrent problems, reporting to CLECs on the analysis
and the process changes that are instituted implemented to fix the problems.
6. Spectrum Management
Owest will provide 2/4 Wire non-loaded Loops, ADSL compatible Loops,
ISDN capable Loops, xDSL-1 capable Loops, DS1 capable Loops and DS3 capable
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Loops (collectively referred to in this Section 9.6 as "xDSL Loops ) in a non-
discriminatory manner to permit CLEC to provide Advanced Services to its End User
Customers. Such Loops are defined herein and are in compliance with FCC
requirements and guidelines recommended by the Network Reliability and
Interoperability Council (NRIC) to the FCC, such as guidelines set forth in T1-417.
When ordering xDSL Loops , CLEC will provide Owest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. If CLEC claims a service is significantly
degrading the performance of other Advanced Services or traditional voice band
services on one of its facilities, within forty-eight (48) hours Owest will provide CLEC with
binder group information including cable, pair, carrier, NC/NCI Code information and
PSD class to allow CLEC to notify the causing Carrier of the problem. In no case shall
the CLEC personnel who have access to such Owest Confidential Information be
involved in CLEC's retail marketing, sales or strategic planning CLEC also. agrees to
notify Owest of any change in Advanced Services technology that results in a change in
spectrum management class on the xDSL Loop. Owest agrees CLEC need not provide
the speed or power at which the newly deployed or changed technology will operate if
the technology fits within a generic PSD mask. In no case shall the aforementioned
Owest personnel who have access to such CLEC Confidential Information be involved in
Owest's retail marketing, sales or strategic planning.
If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Owest and CLEC agree to work cooperatively to determine spectrum
compatibility. Owest and CLEC agree, as defined by the FCC, that technology
presumed acceptable for deployment when it complies with existing industry standards
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service6.4 Owest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC. Owest will place such T1 s
by whoever employed , within Binder Groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
services being provided , Owest shall, whenever it is Technically Feasible, replace its T1
technology with a technology that will eliminate undue interference problems. Owest
also agrees that any future "known Disturber" defined by the FCC or the Commission will
be managed as required by FCC or Commission rules and orders and industry
standards.
If either Owest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, Owest will provide CLEC with binder group
information including cable, pair, carrier and PSD class to allow CLEC to notify the
causing Carrier.
If CLEC is unable to isolate trouble to a specific pair within the binder
group, Owest, upon receipt of a trouble resolution request, will perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
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Reserved for Future Use.
Owest will not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Owest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Owest is ordered to do so by a state commission or other
authorized dispute resolution body. CLEC may submit any claims for resolution under
Section 5.18 of this Agreement.
Where CLEC demonstrates to Owest that it has deployed Central Office
based DSL services serving a reasonably defined area , it shall be entitled to require
Owest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Owest's use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Owest shall have the right to rebut this
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under this Agreement.
Subloop Unbundling
Description
A Subloop is defined as any portion of the Loop that it is Technically
Feasible to access at terminals in Owest's outside plant, including inside wire.
accessible terminal is any point on the Loop where technicians can access the wire or
fiber within the cable without removing a splice case to reach the wire or fiber within.
Such points may include, but are not limited to, the pole, pedestal, Network Interface
Device, minimum point of entry, single point of Interconnection , main distribution frame,
Remote Terminal , Feeder Distribution Interface (FDI), or Serving Area Interface (SAI).
This section does not address Dark Fiber Subloop which is addressed in Section 9.
Building terminals within or physically attached to a privately
owned building in a Multi-Tenant Environment (MTE) are one form of accessible
terminal. Throughout Section 9.3 the Parties obligations around such "MTE
terminals" are segregated because Subloop terms and conditions differ between
MTE environments and non-MTE environments.
For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required , (2) the need for separate cross-connect devices, (3) the
interval applicable to any Collocation or other Provisioning requiring Owest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilities of Owest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Owest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards, or practices necessary to assure the safe and reliable
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operation of all Carriers' facilities.
Any Party may request, under any procedure provided for by
this Agreement, for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.1.4 Prior to the development of such standard terms and conditions,
Owest shall impose in the six (6) areas identified in Section 9.2 above, only
those requirements or intervals that are reasonably necessary.
1.4.MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Owest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Owest owned building, are not considered
MTE Terminals.
1.4.Detached Terminals: All accessible terminals other
than MTE Terminals.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
DS1 Capable Unbundled Feeder Loop
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
Accessing Subloops in Detached Terminals: Subloop
Unbundling is available after a CLEC requested Field Connection Point (FCP)
has been installed within or adjacent to the Owest accessible terminal. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Owest Subloop elements.
Accessing Subloops in MTE Terminals: Subloop Unbundling
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE, during or after an inventory of CLEC's terminations has been created,
and CLEC has constructed a cross-connect field at the building terminal.
Reserved for Future Use.
3.2.2 Reserved for Future Use.
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1.4 Field Connection Point
1.4.Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Owest outside of the Central Office location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminal. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required, it must be
in place before Subloop orders are processed.
1.4.Placement of a FCP within a Owest Premises for the sole
purpose of creating a cross-connect field to support Subloop unbundling
constitutes a "Cross-Connect Collocation.
1.4.The terms, conditions , intervals and rates for Cross-
Connect Collocation are found within section 9.
1.4.To the extent that CLEC places equipment in a
Owest Premises that requires power and or heat dissipation
, .
such
Collocation is governed by the Terms of Section 8 and does not constitute
a Cross-Connect Collocation.
1.4.A FCP arrangement can be established either within a Owest
accessible terminal, or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible, CLEC may place the FCP in an
adjacent terminal. CLEC will have access to the equipment placed within the
Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
MTE Point of Interconnection (MTE-POI)
A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross-connect field at the building terminal that will allow CLEC to
connect its facilities to Owest's Subloops. The Demarcation Point between
CLEC and Owest's facilities is the MTE-POL
Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Owest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the dispute
resolution provisions of this Agreement, that it is not Technically Feasible, or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminal.
Owest shall provide access to additional Subloop elements, e.g. copper
feeder, to CLEC where facilities are available pursuant to the Special Request Process
in Exhibit F.
Standard Subloops Available
Distribution Loops
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. Two-Wire/Four-Wire Unbundled Distribution Loop: a Owest
provided facility from the Owest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User location. The Two-Wire/Four-
Wire Unbundled Distribution Loop is suitable for local exchange-type services.
CLEC can obtain access to this unbundled element at any Technically Feasible
accessible terminal.
1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Owest
provided facility without load coils and excess Bridged Taps from the Owest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User location. When CLEC requests a Non-Loaded Unbundled
Distribution Loop and there are none available, Owest will contact CLEC to
determine if CLEC wishes to have Owest unload a Loop. If the response is
affirmative, Owest will dispatch a technician to "condition" the Distribution Loop
by removing load coils and excess Bridged Taps (i.unload" the Loop). CLEC
may be charged the cable unloading and Bridged Taps removal nonrecurring
charge in addition to the Unbundled Loop installation nonrecurring charge. If a
Owest technician is dispatched and no load coils or Bridged Taps are removed
the nonrecurring conditioning charge will not apply. CLEC can obtain access to
this Unbundled Element at any Technically Feasible accessible terminal.
Intrabuilding Cable Loop: a Owest provided facility from the
building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
when Owest owns the intrabuilding cable.1.4 To the extent CLEC accesses Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access these Subloops by ordering a Distribution Loop pursuant to either
Section 9.1 or 9.1.2. A campus environment is one piece of property,
owned by one person or entity, on which there are multiple buildings.
Feeder Loops
DS1 Capable Unbundled Feeder Loop is a digital transmission
path that is provisioned from a Owest Central Office network interface, which
consists of a DSX-1 panel or equivalent, to the accessible terminal. The DS1
Capable Unbundled Feeder Loop transports bi-directional DS1 signals with a
nominal transmission rate of 1.544 Mbit/s.
3 MTE Terminal Subloop Access: Terms and Conditions
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Owest owned MTE is done through an MTE-POL Remote
Collocation is not necessary because CLEC can access the Subloop without placing
facilities in a Owest Premises.
To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.5.4.
The optimum point and method to access Subloop elements will be
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determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC will be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Owest to rearrange its facilities.
If there is space in the building for CLEC to enter the building and
terminate its facilities without Owest having to rearrange its facilities, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Owest's systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. Owest
shall have five (5) calendar days from receipt of a written request from CLEC, in addition
to the interval set forth in Section 9.5.4.1, to input the inventory of CLEC's terminations
into its systems. Owest may seek an extended interval if the work cannot reasonably be
completed within the stated interval. In such cases, Owest shall provide written
notification to CLEC of the extended interval Owest believes is necessary to complete
the work. CLEC may dispute the need for, and the duration of, an extended interval, in
which case Owest must request a waiver from the Commission to obtain the extended
interval. If CLEC submits a Subloop order before Owest inputs the inventory into its
systems, Owest shall process the order in accord with Section 9.5.4.
If CLEC connects Owest's Subloop element to CLEC's facilities using
any temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) calendar Days.
All wiring arrangements, temporary and permanent, must adhere to the National ElectricCode.
If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and Owest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MDU, Owest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
such instances CLEC shall pay Owest a non-recurring charge, which shall be 1GB
based on the scope of the work required. If CLEC requests that a new SPOI be
established, then CLEC shall pay Owest a nonrecurring charge that shall be 1GB, based
on the scope of the work required. If the MTE terminal is hard wired in such a manner
that a network Demarcation Point cannot be created, Owest will rearrange the terminal
to create a cross-connect field and Demarcation Point. Charges for such rearrangement
shall be recovered through recurring termination charges.
If Owest must rearrange its MTE Terminal to make space for
CLEC, Owest shall have forty-five (45) calendar Days from receipt of a written
request from CLEC to complete the rearrangement. Owest may seek an
extended interval if the work cannot reasonably be completed within forty-five
(45) calendar Days. In such cases, Owest shall provide written notification to
CLEC of the extended interval Owest believes is necessary to complete the
work. CLEC may dispute the need for, and the duration of, an extended interval
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in which case Owest must request a waiver from the Commission to obtain an
extended interval.
If Owest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
CLEC may cancel a request to construct an FCP or SPOI prior
to Owest completing the work by submitting a written notification via certified mail
to its Owest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Owest as well as any costs necessary to restore the
property to its original condition.
At no time shall either Party rearrange the other Party s facilities within
the MTE or otherwise tamper with or damage the other Party s facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
Detached Terminal Subloop Access: Terms and Conditions
3.4.Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross-Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP , CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards
3.4.Reserved for Future Use.
3.4.Field Connection Point
3.4.Owest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Owest shall allow CLEC
to construct its own structure adjacent to Owest's accessible terminal. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Owest rights of way, pursuant to section 10.8 of this
Agreement) and shall coordinate its facility placement with Owest, when placing
their facilities adjacent to Owest facilities. Obstacles that CLEC may encounter
from cities, counties, electric power companies, property owners and similar third
parties , when it seeks to interconnect its equipment at Subloop access. points,
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
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3.4.The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
3.4.CLEC must identify the size and type of cable that will be
terminated in the Owest FCP location. Owest will terminate the cable in the
Owest accessible terminal if termination capacity is available. If termination
capacity is not available, Owest will expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Owest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminal. It will be the responsibility of Owest to
seek to resolve obstacles that Owest may encounter from cities, counties
electric power companies, property owners and similar third parties. The time it
takes for Owest to obtain such authorizations or rights of way shall be excluded
from the time Owest is expected to provision the Collocation. CLEC will be
responsible for placing the cable from the Owest FCP to its equipment. Owest
will perform all of the initial splicing at the FCP.
3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to Owest completing the work by submitting a written notification via
certified mail to its Owest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Owest.
3.4.If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Terms and Conditions Dispute
Resolution Section. Alternatively, CLEC may seek arbitration under Section 252
of the Act with the Commission , wherein Owest shall have the burden to
demonstrate that there is insufficient space in the accessible terminal to
accommodate the FCP, or that the requested Interconnection is not Technically
Feasible.
3.4.4 At no time shall either Party rearrange the other Party s facilities within
the accessible terminal or otherwise tamper with or damage the other Party s facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
Ordering/Provisioning
All Subloop Types
CLEC may order Subloop elements through the Operational
Support Systems described in Section 12.
CLEC shall identify Subloop elements by NC/NCI codes.
Additional Terms for Detached Terminal Subloop Access
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CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC
will populate the LSR with the termination information provided at the completion
of the FCP process.
Owest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect Owest facilities or attempt to run a jumper between its Subloop
elements and Owest's Subloop elements without specific written authorization
from Owest.
Once the FCP is in place, the Subloop Provisioning intervals
contained in Exhibit C shall apply.
Reserved for Future Use.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
5.4.CLEC may elect to ask the MTE owner whether it owns or
controls on-premises wiring at an MTE. If the owner fails to claim or disclaims
ownership of such on-premises wiring or if CLEC elects not to ask such MTE
owner, CLEC shall request that Owest make a determination of whether Owest
owns or controls the on-premises wiring ("an MTE Ownership Request"). CLEC
shall make an MTE Ownership Request no later than ten (10) calendar days
before CLEC begins construction of facilities to provide local services at an MTE.
Owest shall reply to an MTE Ownership Request within (a) ten (10) calendar
days, if CLEC's request is the first request for access at such MTE or (b) two (2)
business days, if Owest has previously confirmed ownership or control of wiring
at such MTE. In the event CLEC provides Owest with a written claim by an MTE
owner, or authorized person thereof, that such owner owns the facilities on the
customer side of the terminal , the ten (10) calendar day period shall be reducedto five (5) calendar days from Owest's receipt of such claim. Owest's
investigation into its ownership and control of on-premises wiring and Owest's
reply to the MTE Ownership Request shall be at no cost to CLEC.
5.4.If the MTE owner owns the facilities on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
5.4.If Owest owns the facilities on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Owest must rearrange facilities or construct new facilities to accommodate such
access, CLEC shall notify Owest. Upon receipt of such notification, the intervals
set forth in Section 9.3 shall begin.
5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
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5.4.If CLEC ordered Intrabuilding Cable Loop, CLEC shall dispatch
a technician to run a jumper between its Subloop elements and Owest's Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Owest will dispatch a technician to run a jumper between CLECs Subloop
elements and Owest's Subloop elements to make a connection at the MTE-POI.
CLEC, at its option, may request that Owest run the jumper for Intrabuilding
cable in MTEs when the inventory is done and a complete LSR has been
submitted.
3.5.4.When CLEC accesses a MTE Terminal , it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross-connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to Owest's Standard MTE
Terminal Access Protocol unless the Parties have negotiated a separate
document for such Subloop access. If CLEC requests a MTE Terminal
access protocol that is different from Owest's Standard MTE Terminal
Access Protocol, Owest shall negotiate with CLEC promptly and in good
faith toward that end.
5.4.Reserved for Future Use.
5.4.Reserved for Future Use.
5.4.Reserved for Future Use.
5.4.Reserved for Future Use.
5.4.2.4 Reserved for Future Use.
5.4.Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when Owest runs the jumper
the Subloop Provisioning intervals contained in Exhibit C shall apply.
5.4.For access to Owest's on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing by
Owest before securing such access. Owest shall secure the circuit-identifying
information, and will be responsible for entering it on the LSR when it is r~ceived.
Owest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
5.4.Subloop Reservation - Allows CLEC to reserve Unbundled
Feeder Loop (UFL), and Unbundled Distribution Loop (UDL) during the FCP
build. The reserved Subloop elements will remain reserved for fifteen (15)
calendar Days after the Ready For Service (RFS) date.
5.4.CLEC must fill out the Field Connection Point (FCP)
application form, including the Subloop Reservation section.
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5.4.2 CLEC's FCP application must be Technically
Feasible in order for the Subloop reservation to be valid.
5.4.CLEC will have the option of pre-approving Owest to
reserve Subloops that do not meet their initial requirements and will
require conditioning.
5.4.8.4 CLEC must provide Owest with the location
information pertaining to the reservation. For instance, if reserving UFL
the CLEC must provide the Central Office Location and the FCP location.
In addition , the CLEC must have an existing Central Office Collocation. If
requesting UDL the CLEC must provide the address of the end-user.
both cases the CLEC must identify the number and type of facilities that
they want to reserve.
5.4.This cost consists of the work required to establish
the reservation in Owest systems. In addition, Owest will access the
Subloop recurring rate for three (3) months as part of the Subloop
Reservation. This charge will be on the BART bill as part of the FCPfeasibility charge.
FCP Ordering Process
CLEC shall submit a Field Connection Point Request Form to
Owest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
After construction of the FCP and Collocation are complete,
CLEC will be notified of its termination location, which will be used for ordering
Subloops.
The following constitute the intervals for Provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
Any Remote Collocation associated with a
FCP in which CLEC will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
5.2.A Cross-Connect Collocation in a detached
terminal shall be provisioned within ninety (90) calendar Days
from receipt of a written request by CLEC.
If Owest denies a request for Cross-
Connect Collocation in a Owest Premises due to space limitations,
Owest shall allow CLEC representatives to inspect the entire
Premises escorted by Owest personnel within ten (10) calendar
Days of CLECs receipt of the denial of space, or a mutually
agreed upon date. Owest will review the detailed space plans (to
the extent space plans exist) for the Premises with CLEC during
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the inspection, including Owest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection 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
Cross-Connect Collocation Application date for determining RFS
unless both Parties agree to a revised date.
5.2.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
construction activities and payment of the remaining nonrecurring
charge, Owest will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Owest, despite its best efforts, including notification through the
contact number on the Cross-Connect Collocation Application, is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) calendar Days of the RFS , Owest shall activate
the applicable charges.
Owest may seek extended intervals if the
work cannot reasonably be completed within the set interval. In
such cases, Owest shall provide written notification to CLEC of the
extended interval Owest believes is necessary to complete the
work. GLEC may dispute the need for and the duration of, an
extended interval, in which case Owest must request a waiver
from the Commission to obtain an extended interval.
Rate Elements
All Subloop Types
Subloop Recurring Charge - CLEC will be charged a monthly
recurring charge pursuant to Exhibit A for each Subloop ordered by CLEC.
Subloop Trouble Isolation Charge - CLEC will be charged a
Trouble Isolation Charge pursuant to the Support Functions - Maintenance and
Repair Section when trouble is reported but not found on the Owest facility.
Reserved for Future Use.
Additional rates for Detached Terminal Subloop Access:
1 Cross-Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of the Cross-Connect Collocation set forth in
Exhibit A upon submission of the Collocation Application. The FCP Request
Form shall not be considered completed in its entirety until complete payment is
submitted to Owest.
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Any Remote Collocation associated with a FCP in which CLEC
will install equipment requiring power and/or heat dissipation shall be in
accordance with the rate elements set forth in Section 8.
Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Owest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
6.4 Additional Rates for MTE Terminal Subloop Access
6.4.Subloop Nonrecurring Charge - CLEC will be charged a
nonrecurring charge in accordance with Exhibit A required for Owest to complete
the inventory of CLEC's facilities within the MTE such that Subloop orders can be
submitted and processed.
6.4.Subloop Nonrecurring Jumper Charge - If CLEC ordered a
Subloop type other than Intrabuilding Cable Loop, CLEC will be charged
nonrecurring basic installation charge for Owest running jumpers within the
accessible terminal pursuant to Exhibit A for each Subloop ordered by CLEC.
Repair and Maintenance
Detached Terminal Subloop Access: Owest will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
MTE Terminal Subloop Access: Owest will maintain all of its facilities
and equipment in the MTE and CLEC will maintain all of its facilities and equipment in
the MTE.
Intentionally Left Blank
Network Interface Device (NID)
Description
The Owest NID is defined as any means of interconnection of on-premises wiring and Owest's
distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is
a single-line termination device or that portion of a multiple-line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access only a NID (i.e., CLEC
does not wish to access a Subloop connected to that NID), it may only do so pursuant to this
Section 9.5. Owest shall permit CLEC to connect its own Loop facilities to on-premises wiring
through Owest's NID, or at any other Technically Feasible point. The NID carries with it all
features, functions and capabilities of the facilities used to connect the Loop distribution plant to
the Customer premises wiring, regardless of the particular design of the NID mechanism.
Although the NID provides the connection to the Customer premises wiring, it may not represent
the Demarcation Point where Owest ownership or control of the intra-premises wiring ends.
The NID contains a protective ground connection that protects the Customer s on-premises
wiring against lightning and other high voltage surges and is capable of terminating media such
as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the existing drop and
Owest's NID , as well as any on premises wiring that Owest owns or controls, will remain in
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place and continue to carry the signal over the Customer s on-premises wiring to the End User
equipment. Notwithstanding the foregoing, an Unbundled Loop and any Subloop terminating at
a NID shall include the existing drop and the functionality of the NID as more specifically set
forth in Section 9.2. The NID is offered in three (3) varieties:
Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User s on-
premises inside wiring termination, and a modular plug which connects the inside wire to
the distribution plant or dial tone source. The non-modular NID is a protector block with
the inside wire terminated directly on the distribution facilities.
Smart NID - To the extent Owest has deployed "Smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Owest or any other provider, Owest shall
provide unbundled access to such devices. Owest shall also continue to allow CLEC, at
its option , to use all features and functionality of the Owest NID including any protection
mechanisms, test capabilities, or any other capabilities now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility onthe NID.
3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
Terms and Conditions
A CLEC can use the existing Owest NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID , CLEC may connect its NID to the Owest NID by
placing a cross-connect between the two. When Provisioning a NID to NID connection
CLEC will isolate the Owest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID, Owest will perform the
replacement for the charge described in Section 9.1. .If CLEC is a facility-based
provider up to and including its NID, the Owest facility currently in place, including the
NID, will remain in place. At no time should either Party remove the other Party s Loop
facilities from the other Party s NID.
Owest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Owest, without restriction. Where Owest does not own or control
the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
Owest shall allow CLEC to use all features and functionality of
the Owest NID including any protection mechanisms, test capabilities, or any
other capabilities now existing or as they may exist in the future.
Pursuant to generally acceptable work practices. and provided
the inside wire retermination is required to meet service requirements of either
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parties' End User Customer. Either Party may remove the inside wire from the
NID and connect that wire to that Party s own NID.1.4 CLEC may enter the subscriber access chamber or "End User
Customer side" of "dual chamber" NID enclosures for the purpose of NID to NID
connections.
Upon CLEC request, Owest will make other rearrangements to
the inside wire terminations or terminal enclosure. Charges will be assessed per
section 9.3.4. No such charge shall be applicable if Owest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without a
Customer perceivable disruption in service. Owest will not make any
rearrangements of wiring that is provided by another Carrier that relocates the
other Carrier s test access point without notifying the affected Carrier promptly
after such rearrangement if CLEC has properly labeled its cross connect wires.
Owest will retain sole ownership of the Owest NID and its contents on
Owest's side. Owest is not required to proactively conduct NID change-outs, on a wide
scale basis. At a CLEC's request, Owest will change the NID on an individual request
basis by GLEe and charges will be assessed per section 9.5 except where Section
1 applies. Owest is not required to inventory NID locations on behalf of CLEC.
When CLEC accesses a Owest NID , it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Owest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross-connect wires it uses to provide service. Owest shall label its terminals when
a technician is dispatched.2.4 All services fed through a protector field in a Owest NID located inside a
building will interface on an industry standard termination block and then extend , via a
Cross Connection to the Customer s in-premises wiring. All services fed through a
protector field in a Owest NID that is attached to a building will interface on industry
standard lugs or a binding post type of termination and then extend , via a Cross
Connection , to the Customer s on-premises wiring.
2.4.Reserved for Future Use.
2.4.Reserved for Future Use.
2.4.Reserved for Future Use.
2.4.4 Reserved for Future Use.
If so requested by CLEC, Owest shall allow CLEC to connect its Loops
directly to the protector field at Owest NIDs that have unused protectors and are not
used by Owest or any other Telecommunications Carrier to provide service to the
premises. If a CLEC accesses the Owest protector field it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases,
CLEC shall only access a Owest NID protector field in cable increments appropriate to
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the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at
the MTE NID , additions must be in increments of twenty-five (25) additional metallic
pairs. In all cases, telecommunications cables entering a Owest NID must be terminated
in compliance with FCC 88-, section 315 of the National Electric Safety Code and
section 800.30 of the National Electric Code.
Reserved for Future Use
Rate Elements
If CLEC requests the current Simple NID to be replaced with a different
Simple NID , pursuant to section 9., charges will be assessed on a time and
materials basis with CLEC paying only for the portion of the change out that is specific to
and for the functionality that supports CLEC requirements.
Recurring rates for unbundled access to the protector field in a Owest
NID are contained in Exhibit A of this Agreement and apply pursuant to 9.
When a CLEC requests that Owest perform the work to connect its NID
to the Owest NID , the costs associated with Owest performing such work will be charged
to CLEC on a time and materials basis.3.4 Where Owest makes 9.rearrangements to the inside wire
terminations or terminal enclosure on CLEC request pursuant to Section 9.
charges will be assessed on a time and materials basis.
CLEC will be billed on a time and materials basis for any change out
Owest performs pursuant to Section 9.5.2.2. CLEC will be billed only for the portion of
the change out that is specific to the CLEC request for additional capacity.
Ordering Process
5.4.Reserved for Future Use.
5.4.CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the Customer field of the NID, no additional verification is
needed by Owest. CLEC shall tag their jumper wire.
5.4.When CLEC seeks to connect to a cross-connect field other
than to the Customer field of the NID, CLEC shall submit a LSR for connection to
the NID. Owest shall notify CLEC, within 10 business days, if the connection is
not Technically Feasible. In such cases, Owest shall inform CLEC of the basis
for its claim of technical infeasibility and, at the same time, identify all alternative
points of connection that Owest would support. CLEC shall have the option
employing the alternative terminal or disputing the claim of technical infeasibility
pursuant to the dispute resolution provisions of this Agreement. No additional
verification is needed by Owest and CLEC shall tag their jumper wire.
Subject to the terms of 9.5.4.2 CLEC may perform a NID-to-NID
connection, according to 9.3, and access the Customer field of the NID without
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notice to Owest. CLEC may access the protector field of the NID by submitting a LSR.
Maintenance and Repair
If Owest is dispatched to an End User s location on a maintenance issue
and finds the NID to be defective, Owest will replace the defective element or, if beyond
repair, the entire device at no cost to CLEC. If the facilities and lines have been
removed from the protector field Qr damaged by CLEC, CLEC will be responsible for all
costs associated with returning the facilities and lines back to their original state.
Charges for this work will be on a time and materials basis and billed directly to CLEC.
Billing disputes will be resolved in accordance with the dispute resolution process
contained in this Agreement. Maintenance and Repair processes are contained in the
Support Functions Section of this Agreement.
Unbundled Dedicated Interoffice Transport (UDIT)
Owest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
Description
Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between Owest end offices, Serving Wire
Centers or tandem switches in the same LATA and state. A UDIT can also provide a
path between one CLEC in one Owest Wire Center and a different CLEC in another
Owest Wire Center. Extended Unbundled Dedicated Interoffice Transport (EUDIT)
provides CLEC with a bandwidth specific transmission path between the Owest Serving
Wire Center to CLEC's Wire Center or an IXC's Point of Presence located within the
same Owest Serving Wire Center area. UDIT is a distance-sensitive, flat-rated
bandwidth-specific interoffice transmission path designed to a DSX in each Owest Wire
Center. Owest shall allow CLEC to access UDIT that is a part of a Meet Point
arrangement between Owest and another Local Exchange Carrier if CLEC has an
Interconnection agreement containing access to UDIT with connecting Local Exchange
Carrier at the determined Meet Point. Owest rates , terms and conditions shall apply to
the percentage of the route owned by Owest. EUDIT is a flat-rated, bandwidth-specific
interoffice transmission path. EUDIT and UDIT are available in DSO through OC-192
bandwidths and such higher capacities as evolve over time where facilities are available.
EUDIT and UDIT in bandwidths up to OC-48 are defined products. Higher bandwidths
can be ordered using the Special Request Process. CLEC can assign channels and
transport its choice of voice or data. Specifications, interfaces and parameters are
described in Owest Technical Publication 77389.
An unbundled multiplexer is offered as an optional stand-alone element
associated with UDIT. A 3/1 multiplexer provides CLEC with the ability.to multiplex the
DS3 44.736 Mbps signal to 28 DS1 1.544 Mbps channels. The 3/1 multiplexer, in
conjunction with an ITP , provides a DS3 signal terminated at a Demarcation Point and
28 DS1 signals terminated at a Demarcation Point. A 1/0 multiplexer provides CLEC
with the ability to multiplex the DS1 1.544 Mbps signal to 24 DSO 64 Kbps channels.
The 1/0 multiplexer provides a DS1 signal terminated at a Demarcation Point and 24
DSO signals terminated at a Demarcation Point. SONET add/drop multiplexing is
available on an 1GB basis where facilities are available and capacity exists.
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In conjunction with aUDIT, CLEC may order Remote Node/Remote Port
at the CLEC Wire Center or IXC POP , if the Remote Node is already installed and spare
card capacity exists. Remote Node provides the equipment necessary to deliver
bandwidth capacities of OC3, OC12 , OC48 and OC192 (SRP). At least one (1) Remote
Port (card) must be ordered with Remote Node to deliver the specified payload. A
Remote Node at OC3 can deliver 3 DS3s or 84 DS1 s; at OC12 a payload of 4 OC3 or
12 DS3 or 336 DS1; at OC48 a payload "of 4 OC12s or 16 OC3s or 48 DS3s.
Terms and Conditions
To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs , Owest will perform requested and
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End User Customers or for itself. If not ordered as a
combination, CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancillary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLECorders
a continuous Dedicated Transport element from one point to another. UDIT may be
directly connected to Finished Services , except for services that this Commission or the
FCC expressly prohibit to be connected to UDIT by Existing Rules.
CLEC must order all multiplexing elements (if it chooses the multiplexing
option) and regeneration requirements with its initial installation for the 3/1 multiplexer
including all 28 DS1s and the settings on the multiplexer cards. If options are not
selected and identified on the order by CLEC, the order will be held until options are
selected. For the 1/0 multiplexer, the low side channels may be ordered as needed.
Low Side Channelization charges are assigned as channels are ordered. When Loops
are ordered in combination with multiplexing, Owest will provision Loops directly
terminated to the multiplexer.
With the exception of combinations provided through the UNE
Combinations Section, Section 9.23, CLEC may utilize any form of Collocation for UDIT
that terminates in Owest Wire Centers. If regeneration is required only between the UDiT
termination point (the DSX panel or equivalent) and CLEC's Collocation, CLEC must order
such regeneration pursuant to Section 9.1.4 and the charges listed in Exhibit A will apply.
Cable distance limitations are based on the current version of the ANSI standard T1.1 02-
1993 "Digital Hierarchy - Electrical Interface; Annex B.
2.4 .Reserved for Future Use.
For DS1 UDIT, Owest may provide existing copper to CLEC's Serving
Wire Center. For UDIT above DS1, Owest provides an optical interface at the location
requested by CLEC.
At the terminating location for each UDiT delivered to a POI outside the
Owest Wire Center, space shall be provided to Owest for the necessary termination
equipment. Where spare electronics not reserved for LIS trunking exist, Owest will
upon request, allow termination of an UDIT on the electronics to permit UDIT to have the
full features and functionalities of the electronics.
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Reserved for Future Use.
In Meet Point arrangements, Owest will allow CLEC access on either
side of the Meet Point to which Owest has a right to access , under agreements with any
other party, whether affiliated with Owest or not. If the third party agreement has rates
terms and conditions regarding access to the non-Owest side of the Meet Point, those
same rates, terms and conditions shall apply to CLEC. If Owest does not have rates
terms and conditions for access to dedicated bandwidth specific interoffice transmission
paths, then CLEC must negotiate such access with the third party owning the other side
of the Meet Point, those rates, terms and conditions shall apply to the percentage of the
route owned by the third party. Owest's rates, terms and conditions, as described in
Exhibit A, shall apply to the percentage of the route owned by Owest.
Rate Elements
DS1 UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Owest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating offices.
Reserved for Future Use.d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
Reserved for Future Use.
DS3 UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:a) DS3 Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 44.736 Mbps termination. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring
rate element provides an interoffice transmission path of 44.736 Mbps. This is a
mileage sensitive element based on the V&H coordinates of the DS3 UDIT. The
mileage is calculated between the originating and terminating Wire Centers of the
UDIT transmission path.
Reserved for Future Use.
DS3 Nonrecurring Charge.One-time charges apply for a
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specific work activity associated with installation of the DS3 service.
Reserved for Future Use.
DSO UDIT rates are contained in Exhibit A of this Agreement and include
the following elements:a) DSO Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 64 Kbps t~rmination. In addition to the fixed
rate element, a per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile) Rate Element. This recurring
rate element provides a transmission path of 64 Kbps. This is a mileage
sensitive element based on the V&H coordinates of the DSO UDIT. The mileage
is calculated between the originating and terminating Wire Centers of the UDIT
transmission path.c) DSO Nonrecurring Charge. One-time charges apply for a
specific work activity associated with installation of the DSO service.
3.4 OC-3 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:
a) OC-Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 155.52 Mbps termination. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
b) OC-Transport Facilities (Per Mile) Rate Element. This
recurring rate element provides a transmission path of 155.52 Mbps. This is a
distance sensitive element based on the V&H coordinates of the OC-3 UDIT.
The mileage is calculated between the originating and terminating Wire Centers
of the UDIT transmission path.
Reserved for Future Use.
d) OC-Nonrecurring Charge. One-time charges apply for a
specific work activity associated with installation of the OC-3 service.
Reserved for Future Use.
5 OC-12 UDIT rates are contained in Exhibit A of this Agreement and
include the following elements:
a) OC-12 Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 622.08 Mbps termination. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
b) OC-12 Transport Facilities (Per Mile) Rate Element. This
recurring rate element provides a transmission path of 622.08 Mbps. This is a
distance sensitive element based on the V&H coordinates of the OC-12 UDIT.
The mileage is calculated between the originating and terminating Wire Center of
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the UDIT transmission path.
Reserved for Future Use.
d) OC-12 Nonrecurring Charge. One-time charges apply for a
specific work activity associated with installation of the OC-12 service.
Reserved for Future Use.
1 OC-48 UDIT rates are contained in Exhibit A of this Agreement
and include the following elements:
a) OC-48 Transport Termination (Fixed) Rate Element. This
recurring rate element provides a 2.488 Gbps termination. In addition to
the fixed rate element, a per-mile rate element, as described below, also
applies.
b) OC-48 Transport Facilities (Per Mile) Rate Element. This
recurring rate element provides a transmission path of 2.488 Gbps. This
is a distance sensitive element based on the V&H coordinates of the OC-
48 UDIT. The mileage is calculated between the originating and
terminating Wire Centers of the UDIT transmission path.
Reserved for Future Use.
d) OC-48 Nonrecurring Charge. One-time charges apply for a
specific work activity associated with installation of the OC-48 service.
Reserved for Future Use.
Low Side Channelization (LSC) Charge. A recurring charge for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
3/1 multiplexing rates are contained in Exhibit A of this Agreement, and
include the following:a) Recurring Multiplexing Charge. The DS3 Central Office
Multiplexer provides de-multiplexing of one DS3 44.736 Mbps to 28 1.544 Mbps
channels.b) Nonrecurring Multiplexing Charge. One-time charges apply for
a specific work activity associated with installation of the multiplexing service.
1/0 multiplexing rates are contained in Exhibit A of this Agreement, and
include the following charges:a) Recurring Multiplexing Charge. The DSO Central Office
multiplexer provides de-multiplexing of one DS1 1.544 Mbps to 24 64 Kbps
channels.b) Nonrecurring Multiplexing Charge. One-time charges apply for
a specific work activity associated with installation of the multiplexing service,
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including low side channelization of all 28 channels.c) Low Side Channelization (LSC). A recurring charge for low side
multiplexed channel cards and settings plus a nonrecurring charge for each
individual channelization Provisioning.
Rearrangement rates are contained in Exhibit A of this agreement.10 Remote Node/Remote Port rates are contained in Exhibit A of this
Agreement and include the following charges:a) Recurring Remote Node Charge. The Remote Node at OC3
OC12 or OC48.b) Recurring Remote Port Charge. A recurring charge for Remote
Port card at DS1 , DS3, OC3, OG12.c) Nonrecurring Remote Port. One-time charges for installation of
Remote Port card at DS1, DS3, OC3, OC12.
Ordering Process
6.4.Ordering processes and installation intervals are as follows:
6.4.UDIT is ordered via the ASR process. Ordering processes are
contained in the Support Functions Section of this Agreement.
6.4.Reserved for Future Use.
6.4.The interval will start when Owest receives a complete and
accurate Access Service Request (ASR). This date is considered the start of the
installation interval if the order is received prior to 3:00 p.m. The installation
interval will begin on the next business day for service requests received after
3:00 p.m. The installation intervals have been established and are set forth in
Exhibit C , Section 2.0 of this Agreement.
6.4.1.4 Subsequent changes to the quantity of services on an existing
order will require a revised order. Also, additional charges apply for the following
modifications to existing orders unless the need for such change is caused by
Owest:
Service date changes;
Partial cancellation;
Design change; and
Expedited order.
6.4.An order may be canceled any time up to and including the
service date. Cancellation charges will apply except when:
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a) The original Due Date or GLEe-initiated subsequent Due Date
was, or CLEC has been notified by Owest that such Due Date will be,
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) Days before such original Due Date.
6.4.Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
6.4.UDIT is ordered with basic installation. Owest will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
6.4.UDIT 3/1 multiplexing is provisioned as complete system with
terminations at the Demarcation Point and all multiplexing cards. CLEC must order
settings for all cards at the time of the multiplexing request.
6.4.4 For UDIT 1/0 multiplexing, the high side is fully provisioned with the
order. The low side is provisioned when low side channels are ordered. Optional card
settings are selected by CLEC at the time of the DSO order.
6.4.Owest will perform industry standard tests, set forth in Technical
Publication 77389, when installing UDIT service.
6.4.Reserved for Future Use.
Maintenance and Repair
The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Owest Cross Connections will be repaired by Owest. Maintenance and Repair
processes are contained in the Support Functions Section of this Agreement.
Rearrangement
CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single office or dual office request.
Single office rearrangements are limited to the change in options or movement of
terminations within a single Wire Center. Dual office rearrangements are used to
change options or movement of terminations in two (2) Wire Centers. Rearrangement is
only available for in-place and working UDITs.
The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
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CLEC will submit an ASR with the rearrange USOC and appropriate
termination information (e.g. CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
Unbundled Dark Fiber
Description
Unbundled Dark Fiber (UDF) is a deployed, unlit pair of fiber optic cable or
strands that connects two points within Owest's network. UDF is a single transmission path
between two Owest Wire Centers , or between a Owest Wire Center and a CLEC Wire Center
or between a Owest Wire Center and either an appropriate outside plant structure or an End
User Customer premises in the same LATA and state. UDF exists in three (3) distinct forms: (a)
UDF Interoffice Facility (UDF-IOF), which constitutes an deployed route between two Owest
Wire Centers; and (b) UDF-Loop, which constitutes a deployed Loop or section of a deployed
Loop between a Owest Wire Center and an End User Customer premises; and (c) Extended
UDF (E-UDF) which constitutes a deployed route between a Owest Wire Center and a CLEC
Wire Center. Deployed Dark Fiber facilities shall include Dark fiber Owest has obtained with
capitalized Indefeasible Right to Use (IRUs) or capitalized leases that do not prohibit Owest's
ability to provided access to another person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by Owest, but will include in place and easily called into service facilities
to which Owest has otherwise obtained a right of access, including but not limited to capitalized
Indefeasible Right to Use (lRUs) or capitalized leases. Owest shall not be required to extend
access in a manner that is inconsistent with the restrictions and other terms and conditions that
apply to Owest's access; however, in the case of access obtained from an Affiliate: (a) the actual
practice and custom as between Owest and the Affiliate shall apply, in the event that it provides
broader access than does any documented agreement that may exist, and (b) any terms
restricting access by CLEC that are imposed by the agreement with the affiliate (excluding good-
faith restrictions imposed by any agreement with a third party from whom the affiliate has gained
rights of access) shall not be applied to restrict CLEC access.
Terms and Conditions
Owest will provide CLEC with non-discriminatory access to UDF in
accordance with section 9.2. Owest will provide UDF of substantially the same quality
as the fiber facilities that Owest uses to provide retail service to its own End User
Customers.
Owest provides access to UDF-Loop at:
Accessible terminations such as fiber distribution panels.
Splice cases (except those that are buried and are not readily
accessible without excavation) in the UDF-Loop, subject to the following
conditions:
2.2.Unspliced fiber is available , subject to Section
Available unspliced fiber is not ribbon fiber;
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Splice capacity is available in the Owest splice case;
2.4 Space exists for CLEC splice case;
Owest will perform splice in Owest splice case;
CLEC shall not have access to Owest's splice case;
2.2.Owest will provide a fiber stub for CLEC to splice the
Owest fiber stub to CLEC fiber strand in CLEC splice case;
Owest will perform all splices in Owest splice case
when CLEC is not providing fiber facilities;
Owest will not open or break any existing splices on
continuous fiber optic cable routes. Where the end of a fiber optic strand
exists in a splice case, Owest will open that splice case and stub out the
end of the Dark Fiber strand for CLEC;10 CLEC will perform splices in CLEC splice case per
Technical Publication 77383;11 Owest will perform all modifications associated with
access to UDF via splicing under the terms of Exhibit A; and12 All access is subject to the Field Verification and
Ouote Preparation (FVOP).
CLEC may request placement of a FDP at any building or
controlled environment location in the Owest network in order to access
unterminated UDF pursuant to Section 9.19.
Owest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber. Owest will not remove,
and CLEC shall be permitted to use, regenerating equipment that already exists in mid-
span.2.4 Owest will provide Unbundled Dark Fiber to CLEC in increments of two
(2) strands (by the pair). In addition, after May 31 , 2001 , Owest will provide UDF to
CLEC in increments of one (1) strand. CLEC may obtain up to twenty five percent (25%)
of available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber
cable segment over a twelve (12) month period. Before CLEC may order additional UDF
on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in
each cable segment. Efficient use of interoffice cable segments is defined as providing
a minimum of OC-12 termination on each fiber pair. Efficient use of Loop fiber is defined
as providing a minimum of OC-3 termination on each fiber pair. Efficient use of E-UDF
is defined as providing a minimum of OC -3 termination on each fiber pair. CLEC may
designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands,
whichever is greater, for maintenance spare, which fibers or strands are not subject to
the termination requirements in this paragraph.
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Owest shall not have an obligation to unbundle Dark Fiber in the
following circumstances:a) Owest will not unbundle Dark Fiber that Owest utilizes for maintenance
or reserves for maintenance spare for Owest's own use. Owest shall not reserve
more than five percent (5%) of the fibers in a sheath, or two (2) strands,
whichever is greater, for maintenance or maintenance spare for Owest's own
use.b) Owest will not be required to unbundle Dark Fiber if Owest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Owest shall initiate such proceeding within seven (7) calendar Days of denying
CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is
available. In this proceeding, Owest shall not object to using the most
expeditious procedure available under state law, rule or regulation. Owest shall
be relieved of its unbundling obligations, related to the specific Dark Fiber
issue, pending the proceeding before the Commission. If Owest fails to initiate
such pending proceeding within such seven (7) Day period, CLEC's request to
unbundle Dark Fiber shall be reinstated and the ordering and Provisioning
processes of Section 9.3 shall continue.
Owest will provide CLEC with access to the deployed Dark Fiber in its
network in either single-mode or multi-mode. During the inquiry process, Owest will
inform CLEC of the availability of single-mode and multi-mode fiber.
7 Specifications, interfaces and parameters for Dark Fiber are described in
Owest's Technical Publication 77383.
Owest.
CLEC is responsible for trouble isolation before reporting trouble to
CLEC shall not use UDF that is part of a Loop-transport combination, as
a substitute for special or switched Access Services, except to the extent CLEC provides
a significant amount of local exchange traffic" to its End Users over the UDF as set forth
by the FCC (See 9.23.2).10 Upon thirty (30) calendar Days notification to CLEC, Owest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Owest's notice to CLEC. In such proceeding, Owest shall have
the burden to prove that Owest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission, including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
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Reserved for Future Use.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF or at the Serving Wire Center of the UDF-Loop
unless Loop and transport combinations are ordered. Collocation is only required when
the UDF-IOF terminates in a Owest Wire Center. Owest will provide fiber cross
connects at the Serving Wire Center to connect UDF-Loop with the UDF-IOF if such
elements are ordered in combination. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.13 For UDF-Loop, CLEC is responsible for all work activities at the End
User premises. All negotiations with the premises End User and or premises owner are
solely the responsibility of CLEC.14 For a UDF-Loop terminating at an existing End User premises FDP
Owest will provide to CLEC an optical "jumper , not to exceed thirty (30) feet in length,
connected to the Owest UDF-Loop FDP.15 The Remote Collocation provisions and 99.1 of this Agreement apply
where CLEC needs to gain access to UDF at an outside plant structure.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.17 Owest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Owest and CLEC must coordinate on the
date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Owest shall furnish a light detector at one termination point of the UDF
and CLEC shall furnish light generating equipment at the other termination point of the
UDF as described below:
17.1 UDF-IOF: Owest and CLEC shall mutually agree on the Wire
Center at which Owest must provide a light detector and the Wire Center at
which CLEC must provide light generating equipment.
17.2 UDF-Loop: Owest will provide the light detector at the Serving
Wire Center, and CLEC will provide the light generating equipment at the
appropriate outside plant structure or End User Customer premises.
17.For UDF-IOF that terminates at a CLEC Wire Center, Owest will
provide the light detector at the Owest Wire Center, and CLEC will provide the
light generating equipment at the CLEC Wire Center.
18 If, within ten (10) Days of the date Owest provisioned an order for UDF
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
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the Qwest UDF facility, not due to fault on the part of CLEC, then Owest will at no
additional cost, attempt to repair the UDF as it relates to Owest cross-connects and
jumpers. If Owest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383, Owest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Owest cannot replace the UDF upon
receipt of a CLEC disconnect order, Owest will refund the nonrecurring charges
associated with the Provisioning excluding IRI , FVOP and Field Verification and will
discontinue all recurring charges.19 Owest shall allow CLEC's to access UDF Loops, or sections of UDF
Loops, at accessible terminals including FDPS or equivalent in the Wire Center
Customer premises or at Owest owned outside plant locations (e.g CEV, RT or hut).
Dark Fiber allocated to interoffice facilities is not subject to Subloop unbundling.
requirements but is available to be unbundled as UDF-IOF. Owest shall not improperly
classify Dark Fiber as "interoffice" to avoid Owest's obligation to avoid its Subloop
unbundling obligations.20 Owest shall allow CLEC to access Dark Fiber owned directly by Owest,
or to which Owest has a right to access resulting from agreement with a third party,
whether or not affiliated with Owest. CLEC shall have access to such Dark Fiber to the
same extent to which Owest has access to such fiber. In Meet Point arrangements
Owest will allow CLEC access on either side of the Meet Point to which Owest has a
right to access, under agreements with any other party, whether affiliated with Owest or
not. If Owest's agreement with the third party has rates, terms and conditions regarding
access to the non-Owest side of the Meet Point, those same rates, terms and conditions
shall apply to CLEC. If Owest does not have rates, terms and conditions for access to
dedicated Dark Fiber strands, then CLEC must negotiate such access with the third
party owning the other side of the Meet Point, and those rates, terms and conditions
shall apply to the percentage of the route owned by the third party. Owest's rates, terms
and conditions, as described in Exhibit A, shall apply to the percentage of the route
owned by Owest.
Ordering Processes
Ordering processes and installation intervals are as follows:
The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF between any two requested
locations: between two (2) Owest Wire Centers, between a Owest Wire Center and an
End User premises, or between a Owest Wire Center and an appropriate outside plant
structure, or a Owest Wire Center and a CLEC Wire Center.
CLEC must submit a UDF inquiry through its account team.
CLEC must specify the two (2) locations and the number of fibers requested.
Owest will notify CLEC, within the interval set forth in Exhibit C
of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is
not available to satisfy CLEC's request; or (iii) Owest, in writing, denies CLEC'
request pursuant to Section 9.5 (b), Owest shall provide written notice of
denials pursuant to (iii) above.
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Ifthere is UDF available, the UDF Inquiry Response will contain
up to five (5) available UDF routes between the GLEe-specified end locations.
additional routes are available, Owest will notify CLEC that such additional routes
exist and negotiate how that additional information will be made available.
CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA - Carrier Facility Assignment) for
its network Demarcation Points in each Owest Wire Center where the UDF terminates
prior to placing an order for UDF. When preliminary APOT has been established and
delivered to CLEC, Owest can begin processing the UDF Provisioning order upon
receipt of the UDF Provisioning request. If the preliminary APOT address is changed by
CLEC, a new Provisioning time line for UDF must be established.
Based on the CLEC request for UDF-Loop or , UDF-IOF, there are two
(2) possible termination scenarios.
Termination at an Outside Plant Structure: If CLEC requests
UDF-Loop going to an outside plant structure such as Controlled
Environmental Vault (CEV), or Remote Terminal (RT), the Remote Collocation
provisions of this Agreement will apply. Owest will prepare and submit to CLEC
a quote along with the original Field Verification Ouote Preparation form (FVOP)
within the interval set forth in Exhibit C. Ouotes are on an Individual Case Basis
(ICB) and will include costs and an interval in accordance with Exhibit C.
Reserved for Future Use.
Termination at Owest Wire Center, End-user Premises or CLEC
Wire Center: If spare fiber is available, and CLEC chooses to proceed , and the
request is for UDF-IOF going to a Owest or CLEC Wire Center or UDF-Loop
going to an End User premises, Owest will begin the Provisioning process upon
notification from CLEC to proceed and the receipt of fifty percent (50%) of the
nonrecurring charges. The notification to proceed is accomplished by
completing, signing and returning the original inquiry request to the account
manager. Provisioning intervals for this type of request are set forth in Exhibit C.
CLEC will be notified that Provisioning is complete and the remaining
nonrecurring charges and associated recurring charges will be billed.3.4 An order may be canceled any time up to and including the service date.
Cancellation charges will apply.
CLEC may reserve Dark Fiber for GLEC during Collocation builds. Prior
to reserving space , CLEC must place an inquiry pursuant to section 9.1 of this
Agreement and receive a UDF Inquiry Response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a Field Verification
that the route to be reserved is available. If CLEC does not obtain Field Verification,
CLEC assumes the risk that records upon which the UDF Inquiry Response is based
may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days.
CLEC may extend or renew reservations if there is delay in completion of the Collocation
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build. All applicable UDF recurring charges specified in sections 9.2 will be
assessed at the commencement of the reservation. Nonrecurring charges for
Provisioning and cross connects will be assessed at the time of installation.
Maintenance and Repair
7.4.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Owest Cross Connections will be repaired by Owest. Maintenance and Repair
processes are contained in the Support Functions Section of this Agreement
7.4.If it is determined that the UDF does not meet the minimum parameters
of Technical Publication 77383 without fault of CLEC, and if the trouble is in the Owest
UDF facility, then Owest will attempt to repair the UDF as it relates to Owest cross-
connects and jumper at no additional cost. If Owest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Owest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Owest cannot
replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
Rate Elements
Dark Fiber rates are contained in Exhibit A of this Agreement and include
the following elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order work
effort that investigates the availability of UDF. This is a one-time charge for each
route check requested by CLEC. A simple IRI determines if UDF is available
between two Owest Wire Centers or between a Owest Wire Center and Owest
Customer premises. A complex IRI determines if UDF is available between a
Owest Wire Center and an outside structure (CEV, Hut, etc.) along the Loop fiber
route. Owest will bill CLEC the IRI immediately upon receipt of the inquiry. The
IRI is a record search and does not guarantee the availability of UDF.b) Field Verification and Ouote Preparation (FVOP). This rate element is a
pre-order work effort to estimate the cost of providing UDF access to CLEC at
locations other than Owest Wire Centers or an End User premises. Owest will
prepare a quote which will explain what work activities , timeframes, and costs are
associated with providing access to this FDP location. This quote will be good
for thirty (30) calendar days. The FVOP is not necessary when the request is
between Owest Wire Centers or between a Owest Wire Center and Customer
premises (Le., IRI). If FVOP is applicable pursuant to this section and CLEC
orders UDF that has been reserved after a Field Verification has been performed
then the charge for FVOP will be reduced by the amount of the Field Verification
charge assessed in the context ofthe reservation.c) Field Verification. This rate element is a work effort performed at
CLEC's option before placing a request to reserve UDF to verify the availability of
UDF that CLEC desires to reserve.
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The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
Unbundled Dark Fiber - IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element is
a recurring rate element and provides a termination at the interoffice FDP
within the Owest Wire Center. Two UDF-IOF terminations apply per pair.
Termination charges apply for each intermediate office terminating at an
FDP or like cross connect point.
b) UDF-IOF Fiber Transport, (Per Pair) Rate Element. This rate
element has both a recurring and a nonrecurring component and applies
per pair. This rate element provides a transmission path between Owest
Wire Centers. The recurring component of this rate element is mileage
sensitive based on the route miles of the UDF rounded up to the next
mile.
c) UDF-IOF Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per pair. Cross-connect charges apply for each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC'
order for UDF-IOF.
Unbundled Dark Fiber - Loop Rate Elements
a) UDF-Loop Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffice
FDP within the Owest Wire Center and at either the Customer premises
or an appropriate outside plant structure. Two UDF-Loop terminations
apply per pair.
b) UDF-Loop Fiber (Per Pair) Rate Element. This rate element has
both a recurring and a nonrecurring component, and it applies per pair.
This rate element provides a transmission path between the Owest
Serving Wire Center and either the Customer premises or an appropriate
outside plant structure.
c) UDF-Loop Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component, is applied per pair, and
is used to extend the optical connection from FDP to FDP. The
nonrecurring rate will not be charged for cross-connects already in place
prior to CLEC's order for UDF-Loop.
Reserved for Future Use.
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18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and, where appropriate, development of
additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
Construction Charges
Owest will assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Owest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space for access to or use of UNEs.
When Owest constructs to fulfill CLEC's request for UNEs, Owest will bid this construction on a
case-by-case basis. Owest will charge for the construction through nonrecurring charges and a
term agreement for the remaining recurring charge, as described in the Construction Charges
Section. When CLEC orders the same or substantially similar service available to Owest End
User Customers, nothing in this Section shall be interpreted to authorize Owest to charge CLEC
for special construction where such charges are not provided for in a Tariff or where such
charges would not be applied to a Owest End User Customer. If Owest agrees to construct a
network element that satisfies the description of a UNE contained in this agreement, that
network element shall be deemed a UNE.
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Line Splitting
21.Description
Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service when CLEC obtains switching as a Network Element pursuant
to a separate written agreement. The advanced data service may be provided by the Customer
of Record (the voice service provider) or another data service provider chosen by the Customer
of Record. A Splitter must be inserted into the Loop to accommodate establishment of the
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advanced data service. The POTS Splitter separates the voice and data traffic and allows the
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" will herein be referred to as the voice service
provider while "DLEC" will be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity. Only one (1) Customer of record determined by the
CLEC/DLEC partnership will be identified to Owest.
21.2 Terms and Conditions
21.General
21.The Customer of Record (the voice service provider) will order
the insertion of a Splitter. Owest is not responsible for providing the Splitter
filter(s) and/or other equipment necessary for the End User Customer to receive
separate voice and data service across a single copper Loop.
21.To order Line Splitting, CLEC/DLEC must have a Splitter
installed in the Owest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Office equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
21.CLEC/DLEC may provide any xDSL services that are
compatible with CLEC voice service in accordance with ANSI T1.413 or IEEE820 or other industry standards.
21.1.4 There may be only one DLEC at any given time that provides
advanced data service on any given Line Splitting arrangement.
21.The Customer of Record will be able to request conditioning of
the Unbundled Loop portion of the Line Splitting arrangement. Owest will
perform requested conditioning of shared Loops to remove load coils and excess
Bridged Taps. If CLEC requests conditioning and such conditioning significantly
degrades the voice services on the Loop to the point that it is unacceptable to
CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition
the Loop.
21.Splitters may be installed in Owest Wire Centers in at the
discretion of CLEC/DLEC: via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of the Agreement; Under either
option, Splitters will be appropriately hard-wired or pre-wired so that Owest is not
required to inventory more than two (2) points of termination. For Line Splitting,
Owest shall use the same number of Cross Connections and the same length of
the tie pairs as it uses for other split services.
21.
Agreement.
Splitter Collocation requirements must be included in the CLEC
21.Rate Elements
The following Line Splitting rate elements are contained in Exhibit A.
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21.Recurring Rates for Line Splitting.
21.Interconnection TIE Pairs (ITP). A monthly recurring charge to
recover the costs associated with the use of two (2) ITPs, one (1) for voice and
one (1) for voice/data. Rate elements are contained in Exhibit A.
21.OSS Charge -' A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Loop. Rate elements are contained in Exhibit
21.Non-Recurring Rates for Line Splitting
21.Basic Installation Charge for Line Splitting - A nonrecurring
charge for each Line Splitting installed will apply. Rate elements are contained in
Exhibit A.
21.Charge for conditioning the Loop - A nonrecurring charge for
either conditioning the Loop by removing load coils and/or excess Bridged Taps;
or reconditioning the line if necessary to assure the quality of the voice service.
Rate elements are contained in Exhibit A.
9.21.Non-Recurring Rates for Maintenance and Repair
21.Trouble Isolation Charge - A nonrecurring charge for Trouble
isolation will be applied in accordance with the Support Functions - Maintenance
and Repair Section of the Agreement.
21.Additional Testing - The Customer of record may request Owest
to perform additional testing, and Owest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge will apply in accordance
with Exhibit A.
21.Miscellaneous Charges, as defined in the Miscellaneous Charge
of the CLEC Agreement, may also apply.
21.3.4 Rates for Splitter Collocation must be included in Exhibit A.
21.4 Ordering Process
21.4.Line Splitting
21.4.As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section. The Customer of Record will determine, in its sole
discretion and at its risk, whether to add data services to any specific Loop.
21.4.The Customer of Record will provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Owest will
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
21.4.Basic Installation "lift and lay" procedure will be used for all Line
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Splitting orders. Under this approach, a Owest technician "lifts" the Loop from its
current termination in a Owest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
21.4.1.4 The Customer of record shall not place orders for Line Splitting
until all work necessary to provision Line Splitting in a given Owest Wire Center
including, but not limited to, Splitter installation and TIE Cable reclassification or
augmentation has been completed.
21.4.If the voice service is disconnected on Line Splitting
arrangement, the Line Splitting arrangement shall terminate. CLEC may arrange
to provide DSL service to the End User Customer through purchase of another
product.
21.4.The Customer of Record (the voice service provider) shall
submit the appropriate LSR's associated with establishing a Line Splitting
arrangement.
21.Billing
21.Owest shall provide a bill to the Customer of Record (the voice service
provider), on a monthly basis , within seven to ten (7-10) calendar Days of the last day of
the most recent Billing period, in an agreed upon standard electronic Billing format
Billing information including (1) a summary bill, and (2) individual End User Customer
sub-account information consistent with the samples available for CLEC/DLEC review.
21.Owest shall bill the Customer of Record for all recurring and
nonrecurring Line Splitting rate elements.
21.Repair and Maintenance
21.Owest will allow CLEC/DLEC to access Line Splitting at the point where
the combined voice and data Loop is cross-connected to the Splitter.
21.The Customer of Record will be responsible for reporting to Owest voice
service troubles provided over Line Splitting. Owest will be responsible to repair troubles
on the physical line between Network Interface Devices at the Customer premises and
the point of demarcation in Owest Wire Centers. CLEC/DLEC will be responsible for
repairing data services provided on Line Splitting. Owest, CLEC and DLEC each will be
responsible for maintaining its equipment. The entity that controls the Splitters will be
responsible for their maintenance.
21.When Splitters are installed in Owest Wire Centers via Common Area
Splitter Collocation CLEC/DLEC will order and install additional Splitter cards as
necessary to increase the capacity of the Splitters. CLEC/DLEC will leave one (1)
unused , spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to fill the shelf to capacity.
21.CLEC and DLEC are responsible for their respective End User
Customer base. . CLEC/DLEC will have the responsibility for initiation and
resolution of any service trouble report(s) initiated by their respective End User
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Customers.
21.6.4 When Splitters are installed in Owest Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This
equipment must meet the requirements for Central Office equipment set by the FCC.
21.5 Owest CLEC and DLEC will work together to address End User
Customer initiated repair requests and to prevent adverse impacts to the End User
Customer.
21.7 Customer of Record and Authorized Agents
21.1 "Customer of Record" is defined for purposes of this Section as the
CLEC that is the billed Customer for Line Splitting. The Customer of record may
designate an authorized agent pursuant to the terms below to perform ordering and/or
Maintenance and Repair functions.
21.In order for the authorized agent of the Customer of Record to perform
ordering and/or Maintenance and Repair functions, the Customer of Record must
provide its authorized agent the necessary access and security devices, including but
not limited to user identifications, digital certificates and SecurlD cards, that will allow the
authorized agent to access the records of the Customer of Record. Such access will be
managed by the Customer of Record.
21.The Customer of Record shall hold Owest harmless with regard to any
harm to Customer of Record as a direct and proximate result of the acts or omissions of
the authorized agent of the Customer of Record or any other person who has obtained
from the Customer of Record the necessary access and security devices through the
Customer of Record , including but not limited to user identifications, digital certificates
and SecurlD cards, that allow such person to access the records of the Customer of
Record unless such access and security devices were wrongfully obtained by such
person through the willful or negligent behavior of Owest.
Reserved for Future Use.
Unbundled Network Elements Combinations (UNE Combinations)
23.1 General Terms
9.23.Owest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements including but not limited to the UNE-
Platform (UNE-P) and Enhanced Extended Loop (EEL), according to the following terms
and conditions.
23.Owest will offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Owest will make
available any other form of access requested by CLEC that is consistent with the Act
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and the regulations thereunder. CLEC shall be entitled to access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Owest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for technical feasibility
reasons. Owest shall not place any use restrictions or other limiting conditions on UNE
Combination(s) accessed by CLEC except as specified in this Agreement or required by
Existing Rules.
23.Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Owest is required to unbundled and/or provide in a UNE Combination , shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Owest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, state laws, or the Bona Fide Request process, CLEC may
identify and request that Owest furnish additional or revised UNEs to the extent
required under Section 251 (c)(3) of the Act and other Applicable Laws. Failure to
list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE
subsequently defined by the FCC or the state Commission
23.In addition to the UNE Combinations provided by Owest to
CLEC hereunder, Owest shall permit CLEC to combine any UNE provided by
Owest with another UNE provided by Owest or with compatible network
components provided by CLEC or provided by third parties to CLEC in order to
provide Telecommunications Services. UNE Combinations may be directly
connected to Finished Services, except for: voice messaging, DSL, Access
Services, Private Lines, retail services, resold services and other services that
this Commission or the FCC expressly prohibit to be connected to UNE
Combinations by Existing Rules. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Owest's Directory Assistance and Operator
Services platforms.
23.When ordered as combinations of UNEs, network elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional , such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, Owest will combine for CLEC UNEs that are
ordinarily combined in Owest's network, provided that facilities are available.
23.When ordered in combination, Owest will combine for CLEC UNEs that
are not ordinarily combined in Owest's network , provided that facilities are available and
such combination:
23.Is Technically Feasible;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Owest's network; and
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23.Would not impair Owest's use of its network.
23.When ordered in combination, Owest will combine CLEC UNEs with
Owest UNEs, provided that facilities are available and such combination:
23.Is Technically Feasible;
23.Shall be performed in a manner that provides Owest access to
necessary facilities;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Owest's network; and
23.6.4 Would not impair Owest's use of its network.
23.Lack of Facilities; Priority Right to Facilities. In the event Owest notifies
CLEC that facilities ordered are not available from Owest at the- time of the order, Owest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period, Owest shall
notify the CLEC of such availability. CLEC and Owest acknowledge that the availability
of facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Owest, which predate CLEC's order shall have priority in
any facilities made available under the terms of this section.
23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: a) UNE-
P in the following form: (i) 1 FR/1 FB Plain Old Telephone Service (POTS), (ii) ISDN - either
Basic Rate or Primary Rate, (iii) Digital Switched Service (DSS), (iv) PBX Trunks, and (v)
Centrex; b) EEL (subject to the limitations set forth below). If CLEC desires access to a
different UNE Combination, CLEC may request access through the Special Request Process
set forth in this Agreement. Owest will provision UNECombinations pursuant to the terms of
this Agreement without requiring an amendment to CLEC'Interconnection agreement
provided that all UNEs making up the UNE Combination are contained in CLEC'
Interconnection agreement. If Owest develops additional UNE Combination products, CLEC
can order such products without using the Special Request Process, but CLEC may need to
submit a New Customer Ouestionnaire amendment before ordering such products.
23.3 Terms and Conditions
23.Owest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
of a UNE Combination Owest provides, as well as the access provided to that UNE
Combination, will be equal between all Carriers requesting access to that UNE
Combination; and , where Technically Feasible, the access and UNE Combination
provided by Owest will be provided in "substantially the same time and manner" to that
which Owest provides to itself. In those situations where Owest does not provide access
to UNE Combinations itself, Owest will provide access in a manner that provides CLEC
with a meaningful opportunity to compete:
23.UNE-POTS"1 FR/1 FB lines are available to CLEC as a UNE
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Combination. UNE-P POTS is comprised of the following Unbundled Network Elements:
Analog - 2 wire voice grade Loop, Analog Line Side Port and Shared Transport. All the
vertical Switch features that are Technically Feasible for POTS are available with UNE-
POTS. For complete descriptions please refer to the appropriate Unbundled Network
Elements in this Agreement.
23.3 "UNE-PBX"PBX Trunks are available to CLEC as a UNE
Combination. There are two (2) types of UNE-PBX: Analog Trunks and Direct Inward
Dialing (DID) Trunks. UNE-PBX is comprised of the following Unbundled Network
Elements: 2/4 Wire Analog Loop, Analog/DID Trunks, and Shared Transport. All the
vertical Switch features that are Technically Feasible for Analog and DID PBX Trunksare available with UNE-PBX. For complete descriptions please refer to the
appropriate Unbundled Network Elements in this Agreement.
23.3.4 "UNE-DSS": Digital Switched Service (DSS) is available to CLEC as a
UNE Combination. UNE-DSS is comprised of the following Unbundled Network
Elements: DS1 Capable Loop, Digital Line-Side Port and Shared Transport. All the
vertical Switch features that are Technically Feasible for Digital Switched Service are
available with UNE-DSS. For complete descriptions please refer to the appropriate
Unbundled Network Elements in this Agreement.
23.5 "UNE-ISDN"ISDN lines are available to CLEC as a UNE
Combination. All the vertical Switch features that are Technically Feasible for ISDN are
available with UNE-ISDN. There are two (2) types of UNE-ISDN:a) Basic rate (UNE-ISDN-BRI) is comprised of the following
Unbundled Network Elements: Basic ISDN Capable Loop, BRI Line Side Port
and Shared Transport; andb) Primary rate (UNE-ISDN-PRI) - UNE-ISDN-PRI
comprised of the following Unbundled Network Elements: Basic ISDN Capable
Loop, Digital Line Side Port and Shared Transport.
For complete descriptions please refer to the appropriate Unbundled Network Elements
in this Agreement.
23.6 UNE-Centrex: - Centrex Service is available to CLEC as a UNE
Combination. Centrex is comprised of the following Unbundled Network Elements:
Analog - 2 wire voice grade Loop, Analog Line Side Port, and Shared Transport. All the
vertical Switch features that are Technically Feasible for Centrex service are available
with UNE-Centrex.
23.CLEC may also request a service change from Centrex 21
Centrex Plus or Centron service to UNE-POTS. The UNE-POTS line will
contain the UNEs established in Section 9.23.2 of this Agreement.
23.Owest will provide access to Customer Management System
(CMS) with UNE-Centrex.
23.Enhanced Extended Loop (EEL) -- EEL is a Owest-provided combination
of Loop and dedicated interoffice transport and may also include multiplexing or
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concentration capabilities. EEL transport and Loop facilities may utilize DSO through
OC-192 or other existing bandwidths. DSO, DS1 and DS3 bandwidths are defined
products. In addition , other existing bandwidths can be ordered through the Special
Request Process set forth in Exhibit F. Owest has two EEL options: "EEL-Conversion
(EEL-C) and "EEL-Provision" (EEL-P).
23.Unless CLEC is specifically granted a waiver from the FCC
which provides otherwise, and the terms and conditions of the FCC waiver apply
to CLEC's request for a particular EEL, CLEC cannot utilize combinations of
Unbundled Network Elements that include Unbundled Loop and unbundled
interoffice Dedicated Transport to create a UNE Combination unless CLEC
establishes to Owest that it is using the combination of network elements to
provide a significant amount of local exchange traffic to a particular End User
Customer. The significant amount of local use requirement does not apply to
combinations of Loop and multiplexing when the high side of the multiplexer is
connected via an ITP to CLEC Collocation.
23.To establish that an EEL is carrying a "Significant Amount of
Local Exchange Traffic," one of the following three (3) local service options must
exist:
23.Option 1: CLEC must certify to Owest that it is the
exclusive provider of an End User Customer s local Exchange Service
and that the Loop transport combination originates at a Customer
premises and that it terminates at CLEC's Collocation arrangement in at
least one Owest Central Office. This condition, or option, does not allow
Loop-transport combinations to be connected to Owest's Tariffed
services.
23.Option 2: CLEC must certify that it provides local
exchange and exchange access service to the End User Customer
premises and handles at least one-third (1/3) of the End User Customer
local traffic measured as a percent of total End User Customer local dial
tone lines; and for DS1 level circuits and above , at least fifty percent
(50%) of the activated channels on the Loop portion of the Loop and
transport combination have at least five percent (5%) local voice traffic
individually; and the entire Loop facility has at least ten percent (10%)
local voice traffic; and the Loop/transport combination originates at a
Customer s premises and terminates at CLEC's Collocation arrangement
in at least one Owest Central Office; and if a Loop/transport combination
includes multiplexing, each of the multiplexed facilities must meet the
above criteria outlined in this paragraph. (For example, if DS1 Loops are
multiplexed onto DS3 transport, each of the individual DS1 facilities must
meet the criteria outlined in this paragraph in order for the DS1/DS3
Loop/transport combination to qualify for UNE treatment). This condition
or option, does not allow Loop-transport combinations to be connected to
Owest's Tariffed services.
23.Option 3: CLEC must certify that at least fifty
percent (50%) of the activated channels on a circuit are used to provide
originating and terminating local dial tone service and at least fifty percent
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(50%) of the traffic on each of these local dial tone channels is local voice
traffic; and the entire Loop facility has at least thirty-three percent (33%)
local voice traffic; and if Loop/transport combination includes
multiplexing, each of the multiplexed facilities must meet the above
criteria. For example , if DS1 Loops are multiplexed onto DS3 transport,
each of the individual DS1 facilities must meet the criteria as outlined in
this paragraph in order for the DS1/DS3 Loop/transport combination to
qualify for UNE treatment. This condition, or option, does not allow Loop-
transport combinations to be connected to Owest's Tariffed services.
Under this option , Collocation is not required. Under this option , CLEC
does not need to provide a defined portion of the End User Customer
local service but the active channels on any Loop-transport
combinations, and the entire facility, must carry the amount of local
exchange traffic specified in this option.
23.2.4 When CLEC certifies to Owest through a
certification letter, or other mutually agreed upon solution, that the
combination of elements is carrying a "Significant Amount of Local
Exchange" Traffic, then Owest will provision the EEL or convert the
Special Access circuit to an EEL-C. For each EEL or Special Access
circuit, CLEC shall indicate in the certification letter under which local
usage option, set forth in paragraph 9.23., 9.23.
23., it seeks to qualify the circuit.
23.5 CLEC's local service certification shall remain valid
only so long as CLEC continues to satisfy one (1) of the three (3) options
set forth in Section 9.23.2 of this Agreement. CLEC must provide a
service order converting the EEL to Private Line/Special Access Circuit to
Owest within thirty (30) days if CLEC's certification on a given circuit is no
longer valid.
23.In order to confirm reasonable compliance with
these requirements, Owest may perform audits of CLEC'records
according to the following guidelines:a) Owest may, upon thirty (30) days written notice to a CLEC
that has purchased Loop/transport combinations as UNEs,
conduct an audit to ascertain whether those Loop/transport
combinations were eligible for UNE treatment at the time of
conversion and on an ongoing basis thereafter.b) CLEC shall make reasonable efforts to cooperate with any
audit byOwest and shall provide Owest with relevant records
(e., network and circuit configuration data, local telephone
numbers) which demonstrate that CLEC'Unbundled Loop
transport combination is configured to provide local Exchange
Service in accordance with its certification.c) An independent auditor hired and paid for by Owest shall
perform any audits, provided, however, that if an audit reveals that
CLEC's EEL circuit(s) do not meet or have not met the certification
requirements , then CLEC shall reimburse Owest for the cost of
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the audit.d) An audit shall be performed using industry audit standards
during normal business hours, unless there is a mutual agreement
otherwise.e) Owest shall not exercise its audit rights with respect to a
particular CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If an audit
does find non-compliance, Owest shall not exercise its audit rights
for 60 days following that audit, and if any subsequent audit does
not find non-compliance, then Owest shall not exercise its audit
rights for the remainder of the calendar year.f) At the same time that Owest provides notice of an audit to
CLEC under this paragraph, Owest shall send a copy of the notice
to the Federal Communications Commission.
g)
Audits conducted by Owest for the purpose of determining
compliance with certification criteria shall not effect or in any way
limit any audit rights that Owest may have pursuant to an
Interconnection agreement between CLEC and Owest.h) Owest shall not use any other audit rights it may have
pursuant to an Interconnection agreement between CLEC and
Owest to audit for compliance with the local exchange traffic
requirements of Section 9.23.2. Owest shall not require an
audit as a prior prerequisite to Provisioning EELs.i) CLEC shall maintain appropriate records to support its
certification. However CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
23.Owest will not provision EEL or convert Private
Line/Special Access to an EEL if Owest records indicate that the Private
Line/Special Access or the EEL will be connected directly to a Tariffed
Special Access service or if, in options 1 and 2 above, the EEL would not
terminate at CLEC's Collocation arrangement in at least one (1) Owest
Central Office.
23.If an audit demonstrates that an EEL does not meet
the local use requirements of Section 9.23.2 on average for two (2)
consecutive months for which data is available, then the EEL shall.
converted to special access or private line rates within thirty (30) days.
23.If CLEC learns for any reason that an EEL does not
meet the local use requirements of Section 9.23., then the EEL shall
be converted to special access or private line rates within thirty (30) days.
CLEC has no ongoing duty to monitor EELs to verify that they continue to
satisfy the local use requirements of Section 9.23.7.2 , except that if any
service order activity occurs relating to an EEL, then CLEC must verify
that the EEL continues to satisfy the local use requirements of Section
23.2. Any disputes regarding whether an EEL meets the local use
requirements shall be handled pursuant to the dispute resolution
provisions of this Agreement. While a dispute is pending resolution, the
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status quo will be maintained and the EEL will not be converted to special
access or private line rates.
23.10 No private line or other Unbundled Loop shall be
available for conversion into an EEL or be combined with other elements
to create an EEL if it utilizes shared use Billing, commonly referred to as
ratcheting. Any change to a private line or other Unbundled Loop
including changes to eliminate shared use Billing for any or all circuits
prior to conversion of those circuits to EEL shall be conducted pursuant to
the processes, procedures, and terms pursuant to which such private line
or Loop was provisioned. Any appropriate charges from such processes,
procedures, and terms shall apply (sometimes referred to as "grooming
charges ).
9.23.11 EEL-is the conversion of an existing Private
Line/Special Access service to a combination of Loop and transport
UNEs. Retail and/or resale private line circuits (including multiplexing and
concentration) may be converted to EEL-C if the conversion is
Technically Feasible and they meet the terms of this Section 9.23.
Owest will make EEL-Conversion Combinations available to CLEC upon
request. Owest will provide CLEC with access to EEL-Conversion
Combinations according to the standard intervals set forth in Exhibit C.
23.11.CLEC must utilize EEL-C to provide a
significant amount of Local Exchange Service in accordance with
the three options listed under Section 9.23.
23.12 EEL-P - EEL-is a combination of Loop and
dedicated interoffice transport used for the purpose of connecting an End
User Customer to a CLEC Switch. EEL-P is a new installation of circuits
for the purpose of CLEC providing services to End User Customers.
23.12.Terms and Conditions
23.12.CLEC must utilize EEL-P to provide a
significant amount of local Exchange Service to each End User
Customer served in accordance with the three options listed under
Section 9.23.
23.12.One end of the interoffice facility must
originate at a CLEC Collocation in a Wire Center other than the
Serving Wire Center of the Loop.
23.12.4 EEL combinations may consist of Loops
and interoffice transport of the same bandwidth (Point-to-Point
EEL). When multiplexing is requested, EEL may consist of Loops
and interoffice transport of different bandwidths (Multiplexed EEL).
CLEC may also order combinations of interoffice transport
concentration capability and DSO Loops.
9.23.12.When concentration capability
requested. CLEC will purchase the appropriate concentration
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equipment and provide it to Owest for installation in the Wire
Center.
23.12.Installation intervals are set forth in Exhibit
C and are equivalent to the respective Private Line TransportService on the following web-site address:
http://www.qwest.com/carrier/guides/sig/index.htmi.
23.12.Concentration
intervals will be offered at an 1GB.
capability installation
23.12.8 EEL-is available only where existing
facilities are available.
23.Ordering
23.Reserved for Future Use.
23.CLEC will submit EEL orders using the LSR process;
23.Owest will install the appropriate Channel Card based on the
DSO EEL Link LSR order and apply the charges.
23.8.4 Requests for Concentration will be submitted using the Virtual
Collocation process. Virtual Collocation intervals will be adhered to.
23.One LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL , EEL Transport and EEL Links must be ordered on separate
LSRs.
23.Rate Elements
23.EEL Link. The EEL Link is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Link is
available in DSO, DS1 and DS3 and higher bandwidths as they become
available. Recurring and nonrecurring charges apply.
23.EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Owest Wire Centers. EEL Transport is available in
DSO, DS1 , DS3, OC3, OC12 and higher bandwidths as they become available.
Recurring and nonrecurring charges apply.
23.EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. All other multiplexing arrangements will be 1GB.
EEL multiplexing is ordered with EEL Transport or Unbundled Loop. Recurring
and nonrecurring charges set forth in Exhibit A apply.
23.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Link or
DSO Unbundled Loop connected to a 1/0 EEL Multiplexer. Channel Cards are
available for analog Loop Start, Ground Start, Reverse Battery and No Signaling.
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23.Concentration Capability. Concentration Capability rates will be
provided as an 1GB. Cost recovery includes, but is not limited to, space
preparation and space lease, equipment installation , cabling and associated
terminations and structure installation, personnel training (if required) and
delivery of required power. Recurring and nonrecurring charges apply.
23.10 CLEC may request access to and , where appropriate, development of
additional UNE Combinations. For UNEs Owest currently combines in its network CLEC
can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Owest
does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In
its BFR or SRP request, CLEC must identify the specific combination of UNEs
identifying each individual UNE by name as described in this Agreement.
23.The following terms and conditions are available for all types of UNE-
23.11.1 UNE-P will include the capability to access long distance service
(InterLATA and IntraLATA) of CLEC's Customer s choice on a 2-PIC basis
access to 911 Emergency Services, capability to access CLEC's Operator
Services platform, capability to access CLEC's Directory Assistance platform and
Owest customized routing service; and , if desired by CLEC, access to Owest
Operator Services and Directory Assistance Service.
23.11.If Owest provides and CLEC accepts operator services
Directory Assistance, and IntraLATA long distance as a part of the basic
exchange line, it will be offered with standard Owest branding. CLEC is not
permitted to alter the branding of these services in any manner when the
services are a part of the UNE-P line without the prior written approval of Owest.
However, at the request of CLEC and where Technically Feasible, Owest will
rebrand operator services and Directory Assistance in CLEC's name, in CLEC'
choice of name, or in no name in accordance with terms and conditions set forth
in this Agreement.
23.11.CLEC may order Customized Routing in conjunction with UNE-
for alternative operator service and/or Directory Assistance platforms. CLEC
shall be responsible to combine UNE-P with all components and requirements
associated with Customized Routing needed to utilize related functionality. For a
complete description of Customized Routing, refer to that Section of this
Agreement.
23.11.4 Owest shall provide to CLEC, for CLEC's End User Customers,
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 Customer information for listings in any databases in which Owest is
required to retain and/or maintain End User Customer information. Owest shall
provide CLEC's End User Customer information to the ALI/DMS (Automatic
Location Identification/Database Management System). Owest shall use its
standard process to update and maintain, on the same schedule that it uses for
its End User Customers, CLEC's End User Customer service information in the
ALI/DMS used to support E911/911 services. Owest assumes no liability for the
accuracy of information provided by CLEC.
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9.23.11.CLEC shall designate the Primary Interexchange Carrier (PIC)
assignments on behalf of its End User Customers for InterLATA and IntraLATA
services. CLEC shall follow all Applicable Laws, rules and regulations with
respect to PIC changes and Owest shall disclaim any liability for CLEC'
improper PIC change requests.
23.11.Feature and InterLA T A or IntraLA T A PIC changes or additions
for UNE-, will be processed concurrently with the UNE-P order as specified by
CLEC.
23.11.CLEC may order new or retain existing Owest DSL &ervice on
behalf of End User Customers when utilizing UNE-POTS, UNE-Centrex, and
UNE-PBX (analog, non-DID trunks only) combinations, where Technically
Feasible. The price for Owest DSL provided with UNE-combinations is
included in Exhibit A to this Agreement. Owest DSL service provided to Internet
service providers and not provided directly to Owest or CLEC's End Users is not
available with UNE-P combinations.
23.12 If CLEC is obtaining services from Owest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement.
23.13 For installation of new UNE Combinations, CLEC will not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination, unless a UNE is not
available until a later time and CLEC elects to have Owest provision the other elements
before all elements are available. For conversions of existing resale services to UNE-
Combinations, CLEC will be billed at the UNE-P rate, and Billing at the resold rate will
cease, on the Due Date scheduled for the conversion, so long as the Due Date of the
conversion was a standard or longer interval , unless CLEC has caused or requested a
delay of the conversion.
23.Reserved for Future Use.
23.15 When End User Customers Switch from Owest to CLEC, or to CLEC
from any other competitor and is obtaining service through a UNE Combination, such
End User Customers shall be permitted to retain their current telephone numbers if they
so desire.
23.16 In the event Owest terminates the Provisioning of any UNE Combination
service to CLEC for any reason CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Owest
be responsible for providing such notice to CLEC's End User Customers. Owest shall
only be required to notify CLEC of Owest's termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
23.17 CLEC, or CLEC's agent, shall act as the single point of contact for its
End User Customers' service needs , including without limitation , sales , service design,
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order taking, Provisioning, change orders, training, maintenance, trouble reports, repair,
post-sale servicing, Billing, collection and inquiry. CLEC shall inform its End User
Customers that they are End User Customers of CLEC. CLEC'' End User Customers
contacting Owest will be instructed to contact CLEC, and Owest's End User Customers
contacting CLEC will be instructed to contact Owest. In responding to calls, neither
Party shall make disparaging remarks about each other. To the extent the correct
provider can be determined, misdirected calls received by either Party will be referred to
the proper provider of local Exchange Service; however, nothing in this Agreement shall
be deemed to prohibit Owest or CLEC from discussing its products and services with
CLEC's or Owest's End User Customers who call the other Party.
23.Reserved for Future Use.
23.4 Rates and Charges
23.4.The rates and charges for the individual Unbundled Network Elements
that comprise UNE Combinations are contained in Exhibit A for both recurring and
nonrecurring application.
23.4.Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered. The recurring monthly charges for each UNE, including
but not limited to, Unbundled 2-wire Analog Loop, Analog Line Side Port and
Shared Transport, are contained in Exhibit A.
23.4.Nonrecurring charges, if any, will apply based upon the cost to
awes! of Provisioning the UNE Combination and providing access to the UNE
Combination. and will be compliant with existing rules. These nonrecurring
charges , if any, are described in Exhibit A.
23.4.If the Commission takes any action to adjust the rates previously
ordered, Owest will make a compliance filing to incorporate the adjusted rates into
Exhibit A. Upon the compliance filing by Owest, the Parties will abide by the adjusted
rates on a going-forward basis, or as ordered by the Commission.
23.4.CLEC shall be responsible for Billing its End User Customers served
over UNE Combinations for all Miscellaneous Charges and surcharges required of
CLEC by statute, regulation or otherwise required.
23.4.4 CLEC shall pay Owest the PIC change charge associated with CLEC
End User Customer changes of InterLATA or IntraLATA Carriers. Any change in
CLEC's End User Customers' InterLATA or IntraLATA Carrier must be requested by
CLEC on behalf of its End User Customer.
23.4.If an End User Customer is served by CLEC through a UNE
Combination, Owest will not charge, assess, or collect Switched Access charges for
InterLATA or IntraLATA calls originating or terminating from that End User Customer
phone after conversion to a UNE Combination is complete.
23.4.Owest shall have a reasonable amount of time to implement system or
other changes necessary to bill CLEC for Commission-ordered rates or charges
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associated with UNE Combinations.
23.5 Ordering Process
23.Most UNE Combinations and associated products and services are
ordered via an LSR. Ordering processes are contained in this Agreement and in the
PCAT. The following is a high-level description of the ordering process:
23.Reserved for Future Use.
23.Reserved for Future Use.
23.Step 1: Complete product questionnaire with account team
representative.
23.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team representative.
23.Step 3: Allow 2-3 weeks from Owest's receipt of a completed
questionnaire for accurate loading of UNE Combination rates to the Owest Billing
system.
23.Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR as appropriate.
23.Additional information regarding the ordering processes are
located at: http://www.qwest.com/wholesale/solutions/clecFacility/une - c.html
23.Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
23.Standard service intervals for each UNE Combination are set forth in
Exhibit C. For UNE Combinations with appropriate retail analogues, CLEC and Owest
will use the standard Provisioning interval for the equivalent retail service. CLEC and
Owest can separately agree to Due Dates other than the standard interval.
23.5.4 Due Date intervals are established when Owest receives a complete and
accurate Local Service Request (LSR) or ASR made through the IMA, EDI or Exact
interfaces or through facsimile. For UNE-POTS, UNE-Centrex and UNE-ISDN-
BRI, the date the LSR or ASR is received is considered the start of the service interval if
the order is received on a business day prior to 7:00 p.m. For UNE-POTS, UNE-
Centrex, and UNE-ISDN-BRI, the service interval will begin on the next business day
for service requests received on a non-business day or after 7:00 p.m. on a businessday. For UNE-DSS , UNE-ISDN-PRI, UNE-PBX, EEL, and all other UNE
Combinations, the date the LSR or ASR is received is considered the start of the service
interval if the order is received on a business day prior to 3:00 p.m. For UNE-DSS
UNE-ISDN-PRI , UNE-PBX, EEL, and all other UNE Combinations, the service
interval will begin on the next business day for service requests received on a non-
business day or after 3:00 p.m. on a business day. Business days exclude Saturdays
Sundays, New Year s Day, Memorial Day, Independence Day (4th of July), Labor Day,
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Thanksgiving Day and Christmas Day.
23.The Parties' obligations and responsibilities for providing and maintaining
End User Customer listings information are contained in the Listings and E911/911
Emergency Services sections of this Agreement. Nevertheless, to the extent that the
option is available to CLEC to specify that the End User Customer s existing listing(s) be
retained upon conversion to Unbundled Local Switching elements or UNE-
Combinations, Owest shall be responsible for ensuring that the End User Customer
listing(s) is retained "as is" in Owest's listings data bases.
23.6. When Owest's End User Customer or the End User Customer s new
service provider orders the discontinuance of the End User Customer s existing service
in anticipation of moving to another service provider, Owest will render its closing bill to
the End User Customer effective with the disconnection. If Owest is not the local service
provider, Owest will issue a bill to CLEC for that portion of the service provided to CLEC
should CLEC's End User Customer, a new service provider, or CLEC request service be
discontinued to the End User Customer. Owest will notify CLEC by FAX, OSS interface
or other agreed upon processes when an End User Customer moves to another service
provider. Owest shall not provide CLEC or Owest retail operations or personnel with the
name of the other service provider selected by the End User Customer.
23.For UNE Combinations, CLEC shall provide Owest and Owest shall
provide CLEC with points of contact for order entry, problem resolution, repair, and in the
event special attention is required on service request.
23.6 Billing
23.Owest shall provide CLEC, on a monthly basis, within seven to ten (7-
10) calendar Days of the last day of the most recent Billing period, in an agreed upon
standard electronic Billing format, Billing information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
23.7 Maintenance and Repair
23.Owest will maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move , disconnect or attempt to repair Owest facilities or equipment; other
than by connection or disconnection to any interface between Owest and the End User
Customer, without the written consent of Owest.
Loop Splitting
24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice over an existing Unbundled Loop by using the frequency range above
the voice band on the copper Loop. The advanced data service may be provided by the
Customer of record or another data service provider chosen by the Customer of record. . The
POTS Splitter separates the voice and data traffic and allows the copper Loop to be used for
simultaneous DLEC data transmission and CLEC provided voice service to the End User.
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CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity. Only one (1)
Customer of record determined by the CLEC/DLEC partnership will be identified to Owest.
24.With regard to Owest current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Owest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Owest will amend this Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
24.2 Terms and Conditions
24.General
24.Owest is not responsible for providing the Splitter, filter(s) and/or
other equipment necessary for the End User to receive separate voice and data
service across a single copper Loop.
24.To order Loop Splitting, CLEC/DLEC must have a POTS Splitter
installed in the Owest Wire Center that serves the End User. The POTS Splitter
must meet the requirements for Central Office equipment Collocation set by the
FCC or be compliant with ANSI T1.413.
24.There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop.
24.1.4.The Customer of record will be able to request
conditioning of the Unbundled Loop. Owest will perform requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
24.1.4.If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it
unacceptable to CLEC, Customer of record shall pay to convert back to
an analog Loop.
24.POTS Splitters may be installed in Owest Wire Centers in either
of the following ways at the discretion of CLEC/DLEC: (a) via the standard
Collocation arrangements set forth in the Collocation Section; or (b) via Common
Area Splitter Collocation as set forth in the Line Sharing Section of this
Agreement. Under either option, POTS Splitters will be appropriately hard-wired
or pre-wired so that points of termination are kept to a minimum. For Loop
Splitting, Owest shall use the same length of tie pairs as it uses for Line Sharing,
except for the additional CLEC to CLEC connection, which is not required for
Line Sharing.
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24.POTS Splitter Collocation requirements are covered in the Line
Sharing Section of this Agreement.
24.3 Rate Elements
The following Loop Splitting rate elements are contained in Exhibit A of this Agreement.
24.Recurring Rates for Loop Splitting.
24.Interconnection TIE Pairs (lTP)- A monthly recurring charge to
recover the costs associated with the use of ITPs.
24.OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
24.Nonrecurring Rates for the Loop Splitting
24.Basic Installation Charge for Loop Splitting - A nonrecurring
charge for Loop Splitting installed will apply.
24.Nonrecurring Rates for Maintenance and Repair
24.Trouble Isolation Charge - A nonrecurring charge for Trouble
isolation will be applied in accordance with the Support Functions - Maintenance
and Repair Section.
24.Additional Testing - The Customer of record may request Owest
to perform additional testing, and Owest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge will apply in accordance
with Exhibit.A.
24.3.4
Agreement.
Rates for POTS Splitter Collocation are included in Exhibit A of this
24.All of these rates are interim and will be subject to true-up based on
either mutually agreed permanent rates or permanent rates established in a cost
proceeding conducted by the Commission. In the event interim rates are established by
the Commission before permanent rates are set, the interim rates set forth in Exhibit A
will be changed to reflect the interim rates set by the Commission; however, no true up
will be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
24.4 Ordering Process
24.4.Loop Splitting
24.4.As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
. the Support Functions Section. The Customer of record will determine , in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
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Loop.
24.4.The Customer of record will provide on the LSR, the appropriate
frame terminations that are dedicated to POTS Splitters. Owest will administer
all cross connects/jumpers on the COSMIC/MDF and IDF.
24.4.Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach, a Owest technician "lifts" the Loop from its
current termination in a Owest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
24.4.1.4 The Customer of record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Owest Wire Center
including, but not limited to, POTS Splitter installation and TIE Cable
reclassification or augmentation has been completed.
24.4.The Customer of record shall submit the appropriate LSR'
associated with establishing Unbundled Loop and Loop Splitting.
9.24.4.If a Loop Splitting LSR is placed to change from Line Sharing to
Loop Splitting or to change the voice provider in an existing Loop Splitting
arrangement and the data provider does not change or move Splitter location
the data service will not be interrupted.
24.5 Billing
24.Owest shall provide a bill to the Customer of record , on a monthly basis
within seven to ten (7-10) calendar Days of the last day of the most recent Billing period,
in an agreed upon standard electronic Billing format.
24.Owest shall bill the Customer of record for all recurring and nonrecurring
Loop Splitting rate elements.
24.6 Repair and Maintenance
24.Owest will allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the POTS Splitter.
24.The Customer of record will be responsible for reporting to Owest
service troubles provided over Loop Splitting. Owest will be responsible to repair
troubles on the physical line between network interface devices at the user premises and
the point of demarcation in Owest Wire Centers. Owest, CLEC and DLEC each will be
responsible for maintaining its equipment. The entity that controls the POTS Splitters
will be responsible for their maintenance.
24.3 Owest, CLEC and DLEC will continue to develop repair and
maintenance procedures for Loop Splitting and agree to document final agreed to
procedures in a methods and procedures document that will be made available on
Owest's website.
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24.7 Customer of Record and Authorized Agents
24.1 "Customer of Record" is defined for the purposes of this section as the
CLEC that is the billed Customer for Loop Splitting. The Customer of record may
designate an authorized agent pursuant to the terms of sections 9.24.7.2 and 9.24.3 to
perform ordering and/or maintenance and repair functions.
24.In order for the authorized agent of the Customer of record to perform
ordering and/or maintenance and repair functions , the Customer of record must provide
its authorized agent the necessary access and security devices, including but not limited
to user identifications, digital certificates and SecurlD cards, that will allow the authorized
agent to access the records of the Customer of record. Such access will be managed by
the Customer of record.
24.The Customer of record shall hold Owest harmless with regard to any
harm Customer of record as a direct and proximate result of the acts or omissions of the
authorized agent of the Customer of record or any other person who has obtained from
the Customer of record the necessary access and security devices, including but not
limited to user identifications, digital certificates and SecurlD cards, that allow person to
access the records of the Customer of record unless such access and security devices
through the Customer of record were wrongfully obtained by such person through the
willful or negligent behavior of Owest.
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Section 10.0 - ANCILLARY SERVICES
10.Intentionally Left Blank
10.Local Number Portability
10.1 Description
10.Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain . at the same location , existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another.
10.Owest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each Switch is assigned a unique ten-digit LRN , the first six digits of
which identify the location of that Switch. The LRN technology is a triggering and
addressing method which allows the re-homing of individual telephone numbers to other
Switches and ensures the proper routing of calls to ported telephone numbers through
the use of a database and the signaling network. The LRN solution interrupts call
processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly
referred to as the LRN trigger. During this interruption, a query is launched to the LNP
database in the signaling network and the call is re-addressed using the LRN information
for the ported telephone number. The LRN will route the call to the proper Switch
destination. The actual routing of the call with either the dialed number, for calls to non-
ported numbers, or the LRN, for calls to ported numbers, observes the rules, protocols
and requirements of the existing Public Office Dialing Plan (PODP).
10.2 Terms and Conditions
10.2.Owest will provide Local Number Portability (LNP), also known as long-
term number portability, in a non-discriminatory manner in compliance with the FCC'
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group and
the Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10., all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry s non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18 1998.
10.Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable Switches and the schedule and status for
future deployment will be identified in the Local Exchange Routing Guide (LERG).
10.In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.2.4 Owest will coordinate LNP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption , pursuant to Unbundled
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Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with
Owest for the return of the Owest Unbundled Loop coincident with the transfer of the
Customer s service to Owest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Owest's Unbundled Loop
offering, CLEC may order the LNP Managed Cut, as described in Section 10.5.4.
10.2.2.4.Parties understand that LNP order activity must be coordinated
with facilities cut overs in order to ensure that the End User is provided with
uninterrupted service. If the Party porting the telephone number experiences
problems with its Port or provision of its Loop, and needs to delay or cancel the
Port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the Port and any Loop disconnection in accordance with industry (LNPA'
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.4.Parties shall transmit a Port create subscription or Port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group s guidelines. Owest will routinely send a concurrence message
within the time frames established by the industry.
10.The Parties agree to implement LNP within the guidelines set forth by
the generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.Neither Party shall be required to provide number portability for numbers
that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number
services).
10.After an end-office becomes equipped with LNP , all NXXs assigned to
that end office will be defined as portable, to the extent Technically Feasible, and
translations will be changed in each Party s Switches so that the portable NXXs are
available for LNP database queries. When an NXX is defined as portable, it will also be
defined as portable in all LNP-capable Switches that have direct trunks to the end office
associated with the portable NXX.
10.Each Party shall offer number portability to Customers for any portion of
an existing DID block without being required to Port the entire block of DID numbers.
Each Party shall permit Customers who port a portion of DID numbers to retain DID
service on the remaining portion of the DID numbers.
10.At the time of porting a number via LNP from Owest, Owest shall ensure
that the LlDB entry for that number is de-provisioned if the Owest LlDB is not being used
by CLEC.
10.10 Both Parties agree to follow the LNP Switch request process established
by the Parties and in compliance with industry guidelines.
10.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is used
solely for one End User. Where one Party has activated an entire NXX for a single End
User, or activated a substantial portion of an NXX for a single End User with the
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remaining numbers in the NXX either reserved for future use or otherwise unused, if
such End User chooses to receive service from the other Party, the first Party shall
cooperate with the second Party to have the entire NXX reassigned to an End Office
operated by the second Party through the NANP administrator. In addition , both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times (as identified in the LERG and the Central Office Code
Administration guidelines) for movement of NXXs from one Switch to another. Other
applications of NXX migration will be discussed by the Parties as circumstances arise.
10.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011). as may be updated from time to time,
regarding l!nlocking and updating End Users' telephone number records in the
911/Automatic Location Information (All) database. The current provider shall send the
911 unlock record on the completion date of the order to the 911 database administrator.
10.13 Porting of Reserved Numbers. The Customers of each Party may port
reserved numbers from one Party to the other Party via LNP. Owest will port numbers
previously reserved by the Customer via the appropriate retail Tariffs until these
reservations expire. Owest will no longer reserve numbers for End User Customers.
10.14 Limits on Subscriber Relocation. Owest and CLEC agree that a
Customer may geographically relocate at the same time as it ports its telephone number
using LNP, to the new service provider; provided , however, that the current service
provider may require that the Customer s relocation at the time of the Port to the new
service provider be limited to the geographic area represented by the NXX of the ported
telephone number. The current service provider may not impose a relocation limitation
on the new service provider or the new service provider s subscribers that is more
restrictive than that which the current service provider would impose upon its own
subscribers with telephone numbers having the same NXX as the telephone number(s)
being ported. In addition, the current service provider may not impose any restrictions
on relocation within the same Rate Center by a ported End User while that End User is
served by the new service provider.
10.3 Service Management System
10.Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party s Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'
established protocols and that the application of such systems and equipment
compatible with the NPAC.
10.Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.4 Database and Query Services
10.2.4.Owest shall perform default LNP queries where CLEC is unable to
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perform its own query. CLEC shall perform default LNP queries where Owest is unable
to perform its own query. Owest query services and charges are defined in FCC Tariff
, including End Office and Tandem . Default Ouery Charges which are contained in
Tariff Section 13 (Miscellaneous Service) and Database Ouery Charges which are
contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.For local calls to a NXX in which at least one number has been ported
via LNP at the request of CLEC, the Party that owns the originating Switch shall query
an LNP database as soon as the call reaches the first LNP capable Switch in the call
path. The Party that owns the originating Switch shall query on a local call to a NXX in
which at least one number has been ported via LNP prior to any attempts to route the
call to any other Switch. Prior to the first number in a NXX being ported via LNP at the
request of CLEC, Owest may query all calls directed to the NXX, subject to the Billing
provisions as discussed in Section 10.2.4.1 and provided that Owest queries shall not
adversely affect the quality of service to CLEC's Customers or End Users as compared
to the service Owest provides its own Customers and End Users.
10.2.4.A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first Port
in a NXX.
10.2.4.4 On calls originating from a Party s network, the Party will populate,
Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.Each Party shall cooperate in the process of porting numbers from one
Carrier to another so as to limit service outage for the ported subscriber. Owest shall
update its LNP database from the NPAC SMS data within fifteen (15) minutes of receipt
of a download from the NPAC SMS.
10.Ordering
10.2.Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated Number Portability forms. -CLEC may order long
term number portability either manually or through an electronic interface. The
electronic gateway solution for ordering service is described in Section 12 of this
Agreement.
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10.Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (mountain time) are considered the next business day. The
following service intervals have been established for local number portability:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX
Trunks, ISDN
Centrex)
5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
Intervals for LNP with Unbundled Loops shall be governed by Section 9.2.4.6 of this
Agreement.
10.Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when Owest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Owest's normal business hours for LNP, Owest will have personnel available
in the repair center to assist in the event that CLEC experiences problems during the
cut. In addition, Owest allows CLEC to request a Managed Cut on a 24 X 7 basis in
those situations where a cut would otherwise have been flow-through , but where CLEC
has a business need to have Owest personnel dedicated to the cut. The terms and
conditions for Managed Cuts are described in 10.5.4.
10.Owest will set the ten (10) digit unconditional trigger for numbers
to be ported, unless technically infeasible, by 11 :59 p.m. (local time) on the
business day preceding the scheduled port date. (A 1 O-digit unconditional trigger
cannot be set for DID services in 1AESS, AXE10, and DMS10 switches thus
managed cuts are required , at no charge.) The ten (10) digit unconditional
trigger and switch translations associated with the End User Customer
telephone number will not be removed, nor will Owest disconnect the Customer
billing and account information , until 11 :59 p.m. (local time) of the next business
day after the Due Date. CLEC is required to make timely notifications of Due
Date changes or cancellations by 8:00 p.m. mountain time on the Due Date
through a supplemental LSR order. In the event CLEC does not make a timely
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notification , CLEC may submit a late notification to Owest as soon as possible
but in no event later than 12:00 p.m. mountain time the next business day after
the Due Date to Owest's Interconnect Service Center in the manner set forth
below. For a late notification properly submitted, Owest agrees to ensure that
the End User s service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User s existing service. Late notifications must be made by
calling Owest's Interconnect Service Center followed by CLEC submitting a
confirming supplemental LSR order.
10.5.4 LNP Managed Cut With GLEe-Provided Loop: A Managed Cut permits
CLEC to select a project managed cut for LNP. Managed Cuts are offered on a 24 X 7
basis.
10.5.4.The date and time for the managed cut requires up-front
planning and may need to be coordinated between Owest and CLEC. All
requests will be processed on a first come, first served basis and are subject to
Owest's ability to meet a reasonable demand. Considerations such as system
down time, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same Switch (Switch contention) must
be reviewed. In the event that any of these situations would occur, Owest will
coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order
Confirmation (FOG). In special cases where a FDT must be agreed upon, the
interval to reach agreement will not exceed two (2) days. In addition, standard
intervals will apply.
10.5.4.CLEC shall request a Managed Cut by submitting a Local
Service Request (LSR) and designating this order as a Managed Cut in the
remarks section of the LSR form.
10.5.4.CLEC will incur additional charges for the Managed Cut
dependent upon the FDT. The rates are based upon whether the request is
within Owest's normal business hours or out of hours. Owest's normal business
hours are 7:00 a.m. to 7:00 p., End User local time, Monday through Friday.
The rate for Managed Cuts during normal business hours is the standard rate.
The rate for Managed Cuts out of hours, except for Sundays and Holidays, is the
overtime rate. Sundays and Holidays are at premium rate.
10.5.4.4 Charges for Managed Cuts shall be based upon actual hours
worked in one half (~) hour increments. Exhibit A of this Agreement contains the
rates for Managed Cuts. CLEC understands and agrees that in the event CLEC
does not make payment for Managed Cuts, unless disputed as permitted under
Section 5.4 of the Agreement, Owest shall not accept any new LSR requests for
Managed Cuts.
10.5.4.Owest will schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and , as a
result, non-scheduled employees are required, CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee.
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the cut is either cancelled, or supplemented (supp) to change the Due Date
within twenty four (24) hours of the negotiated FDT, CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Owest
error or a new Due Date is requested by Owest, within twenty-four (24) hours of
the negotiated FDT, Owest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Appendix A.
10.5.4.In the event that the LNP Managed Cut LNP conversion is not
successful , CLEC and Owest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the Customer. If the problem cannot be corrected within
an acceptable timeframe to CLEC or the Customer, CLEC may request the
restoral of Owest service for the ported Customer. Such restoration shall begin
immediately upon request. If CLEC is in error then a supplemental order shall be
provided to Owest. If Owest is in error, no supplemental order or additional order
will be required of CLEC.
10.5.4.Owest shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the End User, including, without limitation , ensuring that
the End User s Owest Loop will not be disconnected prior to confirmation that the
CLEC Loop has been successfully installed.
10.6 Maintenance and Repair
10.Each Party is responsible for its own End Users and will have the
responsibility for resolution of any service trouble report(s) from its End Users. End user
Customers will be instructed to report all cases of trouble to their Service Provider.
10.2.Each Party will provide their respective End User Customers the correct
telephone numbers to call for access to their respective repair bureaus. Each Party will
provide their repair contact numbers to one another on a reciprocal basis.
10.Owest will work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Owest network, Owest will perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
10.6.4 Owest will proactively test new Switch features and service offerings to
ensure there are no problems with either the porting of numbers or calls from Owest
Customers to CLEC Customers with ported numbers or vice versa.
10.7 Rate Elements
10.Owest will comply with FCC and Commission rules on cost recovery for
long term number portability.
10.Intentionally Left Blank.
Intentionally Left Blank.10.
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10.911/E911 Service
10.1 Description
10.911 and E911 provides an End User access to the applicable emergency
service bureau, where available, by dialing a 3-digit universal telephone number (911).
10.Automatic Location Identification/Data Management System (ALI/DMS).
The ALI/DMS database contains End User information (including name, address,
telephone number, and sometimes special information from the local service provider or
End User) used to determine to which Public Safety Answering Point (PSAP) to route
the call. The ALI/DMS database is used to provide more routing flexibility for E911 calls
than Basic 911.
10.Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange Switches that serve a geographic area. E911 provides additional
selective routing flexibility for 911 calls. E911 uses End User data, contained in the
ALI/DMS, to determine to which Public Safety Answering Point (PSAP) to route the call.
10.2 Terms and Conditions
10.E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Owest provides to its End Users for
such similar functionality.
10.In counties where Owest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.
10.
Services.
Owest shall conform to all state regulations concerning Emergency
10.2.4 Owest shall route E911 calls to the appropriate PSAP.
10.Each Party will be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Party s portion of
the 911 system.
10.Owest will provide CLEC with the identification of the Owest 911
controlling office that serves each geographic area served by CLEC.
10.Owest will provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Owest provides the 911 function, to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC's End User dials "0" instead of "911". It shall be the responsibility
of CLEC to verify or confirm the appropriate use of the contact information provided by
Owest with each PSAP prior to offering 911 calls or publication of such data.
10.If a third party is the primary service provider to a county, CLEC will
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
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Agreement and Owest makes no representations on behalf of the third party.
10.If CLEC is the primary service provider to the county, CLEC and Owest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
10.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User taxes for 911 service.
10.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Owest for the 911 call delivery.
10.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.13 Neither Party will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.14 Owest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3 E911 Database Updates
10.CLEC exchanges to be included in Owest's E911 Database will be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.Owest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. Owest, or its designated
database provider, will provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule will be provided and charged on an
Individual Case Basis. The data will be provided in computer readable format. Owest
shall provide CLEC access to the Master Street and Address Guide at a level of
accuracy and reliability that is equivalent to the access Owest provides to itself.
10.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.Owest will ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliability that Owest maintains for Owest's own
End Users.
10.3.4.For selective routing table updates, facilities-based CLECs will negotiate
directly with Owest's database provider for the input and validation of End User data into
the Owest Automatic Location Identification (All) database. CLEC will negotiate directly
with the PSAP (or PSAP agency s) DMS/ALI provider for input of End User data into the
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All database. In most cases the selective routing table updates and the All database
will be managed by the same provider. CLEC assumes all responsibility for the
accuracy of the data that CLEC provides for MSAG preparation and E911 Database
operation.
10.3.4.If it is facilities-based , CLEC will provide End User data to Owest's agent
for the Owest All database utilizing NENA-02-010 Recommended Formats and
Protocols For All Data Exchange standards. Owest will furnish CLEC any variations to
NENA recommendations required for All database input.
10.3.4.4 If it is facilities-based, CLEC will provide End User data to Owest's
database provider for Owest's All database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, All Service Providers and 911 Jurisdictions standard format, as specified by
Owest.
10.3.4.If it is facilities-based , CLEC will update its End User records provided to
Owest's database provider for Owest's All database to agree with the 911 MSAG
standards for its service areas.
10.5 E911 Database Updates for Resale Based CLECs
10.For resold services, Owest, or its designated database provider, will
provide updates to the All database in a manner that is at the same level of accuracy
and reliability as such updates are provided for Owest's End Users. For resold
accounts, CLEC shall provide Qwest with accurate End User location information to be
updated to the ALI/DMS database. Owest shall use its current process to update and
maintain End User information in the ALI/DMS database.
10.6 E911 Database Accuracy
10.E911 Database accuracy shall be measured jointly by the PSAPs and
Owest's database provider in a format supplied by Owest. The reports shall be
forwarded to CLEC by Owest's database provider when relevant and will indicate
incidents when incorrect or no All data is displayed. The reports provided to CLEC shall
contain GLEe-specific information regarding CLEC's accounts.
10.Each discrepancy report will be jointly researched by Owest and CLEC.
Corrective action will be taken immediately by the responsible Party.
10.Each Party providing updates to the E911 database will be responsible
for the accuracy of its End User records. Each Party providing updates specifically
agrees to indemnify and hold harmless the other Party from any claims, damages, or
suits related to the accuracy of End User data provided for inclusion in the E911
Database.
10.6.4 Owest and its vendor will provide non~discriminatory error correction for
records submitted to the Automatic Location Identification (All) database. For resold
accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact Owest for error resolution. For errors referred to
Owest, Owest will provide the corrections in a non-discriminatory manner. If Owest is
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unable to resolve the error, Owest will contact the Resale-CLEC for resolution. In the
case of facility-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
10.E911 Interconnection
10.If required by CLEC, Owest shall interconnect direct trunks from CLEC'
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Owest, such trunks will be provided on a non-
discriminatory basis. Owest shall provide special protection identification for CLEC 911
circuits in the same manner as Owest provides for its 911 circuits.
10.The Parties shall establish a minimum of two (2) dedicated
trunks from CLEC's central office to each Owest 911/E911 selective router (Le.
911 Tandem Office) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When Owest facilities are available,
Owest will comply with diversity of facilities and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event
failures, Owest shall make that alternate routing available to CLEC.
10.911 Interconnection Trunk Groups must be, at a minimum , DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification "ANI" with the voice portion of the call, or Signaling System
7 (SS7) if available (Le., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
10.Owest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Owest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC will be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to the CLEC demarcation.
Owest will be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Owest repair service includes
testing and diagnostic service from a remote location , dispatch of or in-person
visit(s) of personnel. Where an on-site technician is determined to be required, a
technician will be dispatched without delay. CLEC is responsible for advising
Owest of the circuit identification when notifying Owest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Owest will refer network trouble to CLEC if no defect is found in Owest's
network. The Parties agree that 911 network problem resolution will be managed
in an expeditious manner at all times.
10.For GLEe-identified 911 trunk blockages, Owest agrees to take
corrective action using the same trunking service procedures used for Owest's own
E911 trunk groups.
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10.The Parties will cooperate in the routing of 911 traffic in those instances
where the All/ANI information is not available on a particular 911 call.
10.7.4 For a facility-based CLEC, Owest shall provide 911 Interconnection
including the provision of dedicated trunks from CLEC End Office Switch to the 911
control office, at parity with what Owest provides itself.
10.For a Reseller CLEC, or a CLEC using unbundled switching, Owest shall
provide CLEC with access to the same 911 trunks used for Owest's retail End Users
which extend from the Owest End Office Switch to the Basic 911 PSAP or the E911
tandem. CLEC access to such 911 trunks shall be on a shared, non-discriminatory
basis.
10.8 E911 and Number Portability
10.When a Owest telephone number is ported out, the receiving CLEC shall
be responsible to update the ALI/DMS database. When a CLEC telephone number is
ported in , Owest shall be responsible to update the ALI/DMS database.
10.When Remote Call Forwarding (RCF) is used to provide number
portability to the End User and a remark or other appropriate field information is
available in the database, the shadow or "forwarded-" number and an indication that
the number is ported shall be added to the End User record by CLEC.
10.White Pages Directory Listings
10.1 Description
White Pages Listings Service (Listings) consists of Owest placing the names, addresses and
telephone numbers of CLEC's End Users in Owest's listing database, based on End User
information provided to Owest by CLEC. Owest is authorized to use CLEC End User listings as
noted below.
10.2 Terms and Conditions
10.4.CLEC will provide in standard format, by mechanized or by manual
transmission to Owest, its primary, premium and privacy listings. Owest will accept one
primary listing for each main telephone number belonging to CLEC's End Users at no
charge.
10.4.CLEC will be charged for premium and privacy listings (e., additional
foreign, cross reference) at Owest's General Exchange listing Tariff rates, less the
wholesale discount, as described in Exhibit A. Primary listings and other types of listings
are defined in the Owest General Exchange Tariffs.
10.4.Information on submitting and updating listings is available in "Owest
Facility Based and Co-Provider Listings User Documents." Owest will furnish CLEC the
listings format specifications. Directory publishing schedules and deadlines will be
provided to CLEC.
10.4.2.4 If CLEC provides its End User s listings to Owest, CLEC grants Owest
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access to CLEC's End User listings information for use in its Directory Assistance
Service, in its Directory Assistance List Information , and for other lawful purposes
except that CLEC's listings supplied to Owest by CLEC and marked as non published or
nonlisted listings shall not be used for marketing purposes , subject to the terms and
conditions of this Agreement. Owest will incorporate CLEC End User listings in the
Directory Assistance Database. Owest will incorporate CLEC's End User listings
information in all existing and future Directory Assistance applications developed by
Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a
divestiture, merger or other transaction, this access grant automatically terminates.
10.4.CLEC End User listings will be treated the same as Owest's End User
listings. Prior written authorization from CLEC, which authorization may be withheld,
shall be required for Owest to sell, make available, or release CLEC's End User listings
to directory publishers, or other third parties other than Directory Assistance providers.
No prior authorization from CLEC shall be required for Owest to sell , make available, or
release CLEC's End User Directory Assistance Listings to Directory Assistance
providers. Listings shall not be provided or sold in such a manner as to segregate End
Users by carrier. Owest will not charge CLEC for updating and maintaining Owest's
listings databases. CLEC will not receive compensation from Owest for any sale of
listings by Owest as provided for under this Agreement.
10.4.To the extent that state Tariffs limit Owest's liability with regard to
listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liability section of this Agreement with respect to listings only.
10.4.Owest is responsible for maintaining listings, including entering,
changing, correcting, rearranging and removing listings in accordance with CLEC orders.
10.4.Owest provides non-discriminatory appearance and integration of white
pages listings for all CLEC's and Owest's End Users. All requests for white pages
directory listings, whether CLEC or Owest End Users, follow the same processes for
entry into the listings database.
10.4.Owest will take reasonable steps in accordance with industry practices to
accommodate non published and nonlisted listings provided that CLEC has supplied
Owest the necessary privacy indicators on such listings.
10.4.10 CLEC white pages listings will be in the same font and size as listings for
Owest End Users, and will not be separately classified.
10.4.11 Owest processes for publication of white pages directory listings will
make no distinction between CLEC and Owest subscribers. CLEC listings will be
provided with the same accuracy and reliability as Owest's End User listings. Owest will
ensure CLEC listings provided to Owest are included in the white pages directory
published on Owest's behalf using the same methods and procedures, and under the
same terms and conditions, as Owest uses for its own End User listings.
10.4.12 Owest shall ensure its third party publisher distributes appropriate
alphabetical and classified directories (white and yellow pages) cmd recycling services to
CLEC End Users at Parity with Owest End Users, including providing directories a) upon
establishment of new service; b) during annual mass distribution; and c) upon End User
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request.
10.4.13 CLEC shall use commercially reasonable efforts to ensure that listings
provided to Owest are accurate and complete. All third party listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
listings information provided to Owest, including End User requested restrictions on use,
such as nonpublished and nonlisted restrictions.
10.4.Reserved for Future Use.
10.4.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding listings and for supplying Owest with the applicable listing
information.
10.4.16 CLEC agrees to provide to Owest its End User names, addresses and
telephone numbers in a standard mechanized format, as specified by Owest.
10.4.17 CLEC will supply its ACNA/CIC or CLCC/OCN, as appropriate, with each
order to provide Owest the means of identifying listings ownership.
10.4.18 Prior to placing listings orders on behalf of End Users, CLEC shall be
responsible for obtaining, and have in its possession, Proof of Authorization (POA), as
set forth in Section 5.3 of this Agreement.
10.4.19 Owest will provide monthly listing verification proofs that provide the data
to be displayed in the published white pages directory and available on Directory
Assistance. Verification proofs containing nonpublished and nonlisted listings are also
available upon request on the same monthly schedule.
10.4.20 Owest will provide CLEC a reasonable opportunity to verify the accuracy
of the listings to be included in the white pages directory and Directory Assistance.
10.4.21 CLEC may review and if necessary edit the white page listings prior to
the close date for publication in the directory.
10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End
Users, including:
10.4.22.
complaints );
10.4.22.All account maintenance activity (e., additions, changes,
issuance of orders for listings to Owest);
All End User account activity (e., End User queries and
10.4.22.Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User information (if End User information
provided by CLEC to Owest does not contain a privacy indicator, no privacy
restrictions will apply); and
10.4.2.22.4 Any additional services requested by CLEC's End Users.
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10.4.2.23 Pursuant to Sec. 222 (a), (b), (c), (d), and (e) of the Telecommunications
Act, Owest will provide subscriber lists information gathered in Owest's capacity as a
provider of local Exchange Service on a timely and unbundled basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC, Owestshall enter into negotiations
with CLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Owest and CLEC will enter into a written contract if
agreement is reached for such use.
10.4.2.23.Owest shall use commercially reasonable efforts to ensure that
its retail End User listings provided to CLEC are accurate and complete. Any
third party listings are provided AS IS, WITH ALL FAULTS. Owest further
represents that it shall review all its retail End User listings information provided
to CLEC including End User requested restrictions on use, such as nonpublished
and nonlisted restrictions.
10.4.24 Owest represents and warrants that any arrangement for the publication
of white pages directory listings with an Affiliate (including, without limitation, Owest Dex,
Inc.) (an Affiliate) or contractor, requires such Affiliate or contractor to publish the
directory listings of CLEC contained in Owest's listings database so that CLEC'
directory listings are non-discriminatory in appearance and integration, and have the
same accuracy and reliability that such Affiliate provides to Owest's End Users.
10.4.25 Owest further agrees that any arrangements for the publication of white
pages directory listings with an Affiliate or contractor shall require such Affiliate or
contractor to include in the Customer guide pages of the white pages directory, a notice
that End Users should contact their local service provider to request any modifications to
their existing listing or to request a new listing.
10.4.26 Owest agrees that any arrangement with an Affiliate or contractor for the
publication of white pages directory listings shall require such Affiliate or contractor to
provide CLEC space in the Customer guide pages of the white pages directory for the
purpose of notifying Customers how to reach CLEC to: (1) request service; (2) contact
repair service; (3) dial Directory Assistance; (4) reach an account representative; (5)
request buried cable local service; and (6) contact the special needs center for
Customers with disabilities.
10.3 Rate Elements
The following rate elements apply to White Pages Listings and are contained in Exhibit A of this
Agreement.
10.4.Primary Listings; and
10.4.Premium/Privacy Listings.
10.4 Ordering Process
10.4.4.Owest provides training on white page listings requests and submission
processes. The ordering process is similar to the service ordering process.
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10.4.4.2 . CLEC listings can be submitted for inclusion in Owest white pages
directories according to the directions in the Owest Listings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCAT
(httpllwww.qwest.comllwhoiesale/) or will be provided in hard copy to CLEC upon
request. Initial information and directions are available in PCAT.
10.4.4.CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI , IMA-GUI , or fax.
10.Directory Assistance
10.1 Description
10.Directory Assistance Service is a telephone number, voice Information
Service that Owest provides to its own End Users and to other Telecommunications
Carriers. Owest provides CLEC non-discriminatory access to Owest's Directory
Assistance centers, services and Directory Assistance Databases. There are three (3)
forms of Directory Assistance Services available pursuant to this Agreement -- Directory
Assistance Service, Directory Assistance List Services, and Directory Assistance
Database Service. These services are available with GLEe-specific branding, generic
branding and Directory Assistance Call Completion Link options.
10.Directory Assistance Service. The published and non-listed
telephone numbers provided within the relevant geographic area are those
contained in Owest's then current Directory Assistance Database.
10.Local Directory Assistance Service -- Allows CLEC'
End Users to receive published and non-listed telephone numbers within
the caller s NPNLATA geographic areas, whichever is greater.
10.National Directory Assistance Service -- Allows
CLEC's End Users to receive listings from Owest's Local Directory
Assistance Database and from the database of the National Directory
Assistance Services vendor selected by Owest. National Directory
Assistance Service includes Local Directory Assistance Service.
10.Call Branding Service - Allows CLEC's End Users
to receive the service options listed in 10.1 and 10.
branded with the brand of CLEC , where Technically Feasible or with a
generic brand. Call Branding announces CLEC's name to CLEC's End
User at the start and completion of the call. Call Branding is an optional
service available to CLEC.a) Front End Brand -- Announces CLEC's name to CLEC'
End User at the start of the call. There is a nonrecurring charge to
setup and record the Front End Brand message.b) Back End Brand -- Announces CLEC's name to CLEC'
End User at the completion of the call. There is a nonrecurring
charge to setup and record the Back End Brand message.c) There is a nonrecurring charge to load CLEC's branded
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message in each Switch.d) Owest will record CLEC's branded message.
10.1.4 Call Completion Link allows CLEC's End Users
calls to be returned to CLEC for completion on CLEC's network, where
available. There is a recurring charge per call.
10.Directory Assistance List Service -- Directory Assistance List
Service is the access to Owest's directory listings for subscribers within Owest's
fourteen (14) states for the purpose of providing Directory Assistance Service to
its local exchange End User Customers subject to the terms and conditions of
this Agreement. See Section 10.6 for terms and conditions relating to the
Directory Assistance List Services.
10.If CLEC elects to build its own Directory Assistance
Services, it can obtain Owest directory listings through the purchase of
the Directory Assistance List.
10.Directory Assistance Database Service -- Owest .shall provide
CLEC non-discriminatory access to Owest's Directory Assistance Database or
Directory1" database, where Technically Feasible, on a "per dip" basis.
1 0.2 Terms and Conditions
1 0.Owest will provide CLEC non-discriminatory access to Owest's Directory
Assistance Databases, Directory Assistance centers and personnel to provide Directory
Assistance Service.
10.Owest's Directory Assistance Database contains only those published
and non-listed telephone number listings obtained by Owest from its own End Users and
other Telecommunications Carriers.
10.Owest will provide access to Directory Assistance Service for facility-
based CLECs via dedicated multi-frequency (MF) operator service trunks. CLEC may
purchase operator service trunks from Owest or provide them itself. These operator
service trunks will be connected directly to a Owest Directory Assistance host or remote
Switch. CLEC will be required to order or provide at least one operator services trunk for
each NPA served.
10.2.4 Owest will perform Directory Assistance Services for CLEC in
accordance with operating methods, practices, and standards in effect for all Owest End
Users. Owest will provide the same priority of handling for CLEC's End User calls to
Owest's Directory Assistance Service as it provides for its own End User calls. Calls to
Owest's Directory Assistance are handled on a first come, first served basis, without
regard to whether calls are originated by CLEC or Owest End Users.
10.Call Branding for Directory Assistance will entail recording and setting up
a brand message. Dedicated interoffice facilities are required.
10.5.2.Call Completion Link requires dedicated interoffice facilities.
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10.If CLEC elects to access the Owest Directory Assistance Databases on
a per dip basis, Owest will provide to CLEC the facility and equipment specifications
necessary to enable CLEC to obtain compatible facilities and equipment.
10.A Reseller CLECs' End User Customers may use the same dialing
pattern to access Directory Assistance Services as used by Owest's End User
Customers (Le., 411 1+411 , or 1+NPA+555-1212).
10.A facility-based CLEC may choose to have its End Users dial a unique
number or use the same dialing pattern as Owest End Users to access Owest Directory
Assistance operators.
10.5.2.10 Owest will timely enter into its Directory Assistance Database updates of
CLEC's listings. Owest will implement quality assurance procedures such as random
testing for listing accuracy. Owest will identify itself to End Users calling its DA service
provided for itself either by company name or operating company name or operating
company number so that End Users have a means to identify with whom they are
dealing.
10.10.In accordance with Section 18, CLEC may request a
comprehensive audit of Owest's use of CLEC's directory assistance listings. In
addition to the terms specified in Section 18, the following also apply: as used
herein, "Audit" shall mean a comprehensive review of the other Party s delivery
and use of the directory assistance listings provided hereunder and such other
Party s performance of its obligations under this Agreement. CLEC may perform
up to two (2) audits per twelve (12) month period commencing with the Effective
Date of this Agreement of Owest's use of CLEC's directory assistance listings in
Owest's Directory Assistance Services. CLEC shall be entitled to "seed" or
specially code some or all of the directory assistance listings that it provides
hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth in this Agreement.
10.11 Owest shall use CLEC's directory assistance listings supplied to Owest
by CLEC under the terms of this Agreement for purposes of providing Directory
Assistance Service and for providing Directory Assistance List Information to Directory
Assistance providers , and for other lawful purposes, except that CLEC's directory
assistance listings supplied to Owest by CLEC and marked as non published or nonlisted
listings shall not be used for marketing purposes.
10.3 Rate Elements
The following rate elements apply to Directory Assistance Services and are contained in Exhibit
A of this Agreement.
10.A per call rate is applicable for Local Directory Assistance and National
Directory Assistance Service selected by CLEC.
10.A nonrecurring setup and recording fee will be charged for establishing
each Call Branding option. A nonrecurring charge to load CLEC's brand in each Switch
is also applicable. Such nonrecurring fees must be paid before service commences.
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10.A per call rate is applicable for Call Completion Link.
10.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled "Owest
Operator Services/Directory Assistance Ouestionnaire for Local Service Providers.This
questionnaire may be obtained from CLEC's Owest account manager.
10.5 Billing
10.Owest will track and bill CLEC for the number of calls placed to Owest's
Directory Assistance Service by CLEC's End Users as well as for the number of
requests for Call Completion Link.
10.For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the Operator Services Switch. An End User may request and receive no
more than two (2) telephone numbers per Directory Assistance call. Owest will not
credit, rebate or waive the per call charge due to any failure to provide a telephone
number.
10.Call Completion Link will be charged at the per call rate when the End
User completes the required action (Le.
, "
press the number one
" "
stay on the line," etc.
10.Directory Assistance List
10.1 Description
10.Directory Assistance List (DA List) Information consists of name, address
and telephone number information for all End Users of Owest and other LECs that are
contained in Owest's Directory Assistance Database and , where available , related
elements required in the provision of Directory Assistance Service to CLEC's End Users.
No prior authorization from CLEC shall be required for Owest to sell , make available, or
release CLEC's End User directory assistance listings to Directory Assistance providers.
In the case of End Users who have non-published listings, Owest shall provide the End
User s local numbering plan area (NPA), address, and an indicator to identify the non-
published status of the listing to CLEC; however, Owest will not provide the non-
published telephone number.
10.Owest will provide DA List Information via initial loads and daily updates
either by means of a magnetic tape or Network Data Mover (NDM) or as otherwise
mutually agreed upon by the Parties. Owest will provide all changes, additions or
deletions to the DA List Information overnight on a daily basis. The Parties will use a
mutually agreed upon format for the data loads.
10.DA List Information shall specify whether the Owest subscriber is a
residential, business, or government subscriber, and the listings of other Carriers will
specify such information where it has been provided on the Carrier s listing order.
10.1.4 In the event CLEC requires a reload of DA List Information from Owest's
database in order to validate, synchronize or reconcile its database, a reload will be
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made available according to the rate specified in Exhibit A.
10.Owest and CLEC will cooperate in the designation of a location to which
the data will be provided.
10.2 Terms and Conditions
10.Owest grants to CLEC, as a competing provider of telephone Exchange
Service and telephone toll service, access to the Directory Assistance List Information
Option 1) solely for the purpose of providing Directory Assistance Services, or Option 2)
for purposes of providing Directory Assistance Services and for other lawful purposes,
except that listings included in Owest's Directory Assistance List information and marked
as nonpublished or nonlisted listings, or listings marked with an "omit from lists" indicator
shall not be used for marketing purposes, subject to the terms and conditions of this
Agreement. CLEC will advise Owest when it orders Owest's Directory Assistance List
Information whether it chooses Option 1 or 2. As it pertains to the use of Directory
Assistance List Information in this Agreement
, "
Directory Assistance Service" shall mean
the provision, by CLEC via a live operator or a mechanized system , of telephone number
and address information for an identified telephone service End User or the name and/or
address of the telephone service End User for an identified telephone number. Should
CLEC cease to be a Telecommunications Carrier, a competing provider of telephone
Exchange Service or telephone toll service, this access grant automatically terminates
10.Owest shall make commercially reasonable efforts to ensure
that listings belonging to Owest retail End Users provided to CLEC in Owest's DA
List Information are accurate and complete. All third party DA List Information is
provided AS IS, WITH ALL FAULTS. Owest further represents that it shall
review all of its End User listings information provided to CLEC, including End
User requested restrictions on use, such as nonpublished and nonlisted
restrictions.
10.CLEC will obtain and timely enter into its Directory Assistance Database
daily updates of the DA List Information, will implement quality assurance procedures
such as random testing for Directory Assistance Listing accuracy, and will identify itself
to End Users calling its DA service either by company name or operating company
number so that End Users have a means to identify with whom they are dealing.
10.Reserved for Future Use.
10.2.4 Owest shall retain all right, title, interest and ownership in and to the DA
Listing Information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of
non-published status) of Owest's End Users to a third party calling its Directory
Assistance for such information, the fact that such End User subscribes to Owest's
Telecommunications Services is confidential and proprietary information and shall not be
disclosed to any third party.
10.CLEC shall not sublicense, copy or allow any third party to access
download , copy or use the DA List Information, or any portions thereof, or any
information extracted therefrom. Each Party shall take commercially reasonable and
prudent measures to prevent disclosure and unauthorized use of Owest's DA List
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Information at least equal to the measures it takes to protect its own confidential and
proprietary information , including but not limited to implementing adequate computer
security measures to prevent unauthorized access to Owest's DA List Information when
contained in any database.
10.Unauthorized use of Owest's DA List information , or any
disclosure to a third party of the fact that an End User, whose listing is furnished
in the DA list, subscribes to Owest's , another Local Exchange Carrier
Reseller s or CMRS's Telecommunications Services shall be considered
material breach of this Agreement and shall be resolved under the Dispute
Resolution provisions of this Agreement.
10.Within five (5) days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DA List Information which
it has in its possession or control, (b) extract and expunge any and all copies of such DA
List Information, any portions thereof, and any and all information extracted therefrom
from its files and records, whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Owest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party Carriers if the certification pertains to such Carriers' DA List Information
contained in Owest's database.
10.CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User information contained within the DA List
Information. CLEC must remove from its database any telephone number for an End
User whose listing has become non-published when so notified by Owest.
10.Audits -- In accordance with Section 18, Owest may request a
comprehensive audit of CLEC's use of the DA List Information. In addition to the terms
specified in Section 18, the following also apply:
10.As used herein
, "
Audit" shall mean a comprehensive review of
the other Party s delivery and use of the DA List Information provided hereunder
and such other Party s performance of its obligations under this Agreement.
Either Party (the "Requesting Party) may perform up to two (2) Audits per 12-
month period commencing with the Effective Date of this Agreement. Owest
shall be entitled to "seed" or specially code some or all of the DA List Information
that it provides hereunder in order to trace such information during an Audit and
ensure compliance with the disclosure and use restrictions set forth in Section
10.2 above.
10.All paper and electronic records will be subject to audit.
10.CLEC recognizes that certain Carriers who have provided DA List
Information that is included in Owest's database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their D A List Information.
10.10 Owest will provide a non-discriminatory process and procedure for
contacting End Users with non-published telephone numbers in emergency situations for
non-published telephone numbers that are included in Owest's Directory Assistance
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Database. Such process and procedure will be available to CLEC for CLEC's use when
CLEC provides its own Directory Assistance and purchases Owest's Directory
Assistance List product.
10.3 Rate Elements
Recurring and nonrecurring rate elements for DA List Information are described below and are
contained in Exhibit A of this Agreement.
10.Initial Database Load -- A "snapshot" of data in the Owest DA List
Information database or portion of the database at the time the order is received.
10.Reload -- A "snapshot" of the data in the Owest DA List Information
database or portion of the database required in order to refresh the data in CLEC'
database.
10.Daily Updates -- Daily change activity affecting DA List Information in the
listings database.
10.3.4 One-Time Set-Up Fees -- Charges for special database loads.
10.Output Charges -- Media charges resulting from either the electronic
transmission or tape delivery of the DA List Information , including any shipping costs.
10.4 Ordering
10.6.4.CLEC may order the initial DA List Information load or update files for
Owest's local Exchange Service areas in its 14 state. operating territory or, where
Technically Feasible, CLEC may order the initial DA List Information load or update files
by Owest White Page Directory Code or NPA.
10.6.4.Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.
PCA T.
CLEC shall use the Directory Assistance List Order Form found in the
10.Toll and Assistance Operator Services
10.1 Description
10.Toll and assistance operator services are a family of offerings that assist
End Users in completing EAS/local and long distance calls. Owest provides non-
discriminatory access to Owest operator service centers, services and personnel.
10.Local Assistance. Assists CLEC End Users requesting help or
information on placing or completing EAS/local calls, connects CLEC End Users
to home NPA Directory Assistance, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
Owest's customary practice for providing End User assistance.
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10.IntraLATA Toll Assistance. Owest will direct CLEC's End User
to contact its provider to complete InterLATA toll calls. Nothing in this Section is
intended to obligate Owest to provide any toll services to CLEC or CLEC's End
Users.
10.Emergency Assistance. Provide assistance for handling a
CLEC End User s EAS/local and IntraLA T A toll calls to emergency agencies,
including but not limited to, police, sheriff, highway patrol and fire. CLEC is
responsible for providing Owest with the appropriate emergency agency numbers
and updates.
10.1.4 Busy Line Verification (BLV) is performed when a calling party
requests assistance from the operator bureau to determine if the called line is in
use. The operator will not complete the call for the calling party initiating the BL
inquiry. Only one BLV attempt will be made per call, and a charge shall apply.
10.Busy Line Interrupt (BLI) is performed when a calling party
requests assistance from the operator to interrupt a telephone call in progress.
The operator will interrupt the busy line and inform the called party that there is a
call waiting. The operator will not connect the calling and called parties. The
operator will make only one BLI attempt per call and the applicable charge
applies whether or not the called party releases the line.
10.Ouote Service - Provide time and charges to hotel/motel and
other CLEC End Use~s for guest/account identification.
10.2 Terms and Conditions
10.For facility-based CLECs, Interconnection to Owest's Operator Services
Switch is Technically Feasible at two (2) distinct points on the trunk side of the Switch.
The first connection point is an operator services trunk connected directly to the Owest
Operator Services host Switch. The second connection point is an operator services
trunk connected directly to a remote Owest Operator Services Switch.
10.Trunk Provisioning and facility ownership must follow Owest guidelines.
10.7.2.In order for CLEC to use Owest's operator services as a facility-based
CLEC, CLEC must provide an operator service trunk between CLEC's end office and the
Interconnection point on the Owest operator services Switch for each NPA served.
10.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.Each Party s operator bureau shall accept BLV and BLI inquiries from
the operator bureau of the other Party in order to allow transparent provision of BLV/BLI
traffic between the Parties' networks.
10.CLEC will provide separate no-test trunks (not the 10cal/intraLATA
trunks) to the Owest BLV/BLI hub or to the Owest Operator Services Switches.
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10.Owest will perform Operator Services in accordance with operating
methods, practices, and standards in effect for all its End Users. Owest will respond to
CLEC's End User calls to Owest's operator services according to the same priority
scheme as it responds to Owest's End User calls. Calls to Owest's operator services
are handled on a first come, first served basis, without regard to whether calls are
originated by CLEC or Owest End Users.
10.Owest will provide operator services to CLEC where Technically
Feasible and facilities are available. Owest may from time-to-time modify and change
the nature, extent, and detail of specific operator services available to its retail End
Users, and to the extent it does so, Owest will provide forty five (45) days advance
written notice to CLEC of such changes.
10.Owest shall maintain adequate equipment and personnel to reasonably
perform the Operator Services. CLEC shall provide and maintain the facilities necessary
to connect its End Users to the locations where Owest provides the Operator Services
and to provide all information and data needed or reasonably requested by Owest in
order to perform the Operator Services.
10.10 Call Branding is an optional service available to CLEC. Call Branding
announces CLEC's name to CLEC's End User at the start of the call and at the
completion of the call. If CLEC selects the Call Branding option, Owest will provide Call
Branding to CLEC where Technically Feasible.a) Front End Brand - Announces CLEC's name to CLEC's End
User at the start of the call. There is a nonrecurring charge to setup and record
the Front End Brand message.b) Back End Brand - Announces CLEC's name to CLEC's End
User at the completion of the call. There is a nonrecurring charge to setup and
record the Back End Brand message.
10.11 Call branding for toll and operator services will entail recording and setup
of a brand message. Owest will record CLEC's branded message. Dedicated interoffice
facilities will be required.
10.12 Call Branding also entails a nonrecurring charge to load CLEC's branded
message in each Switch.
10.7.2.13 CLEC's End Users may dial "0" or "" to access Owest operator
services. A facility-based CLEC may choose to have its End Users access Owest
operators by dialing a unique number or by using the same dialing pattern as Owest End
Users.
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10.Rate Elements
Owest toll and assistance operator services are offered under two (2) pricing options. Option A
offers a per message rate structure. Option B offers a work second and a per call structure.
Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of this
Agreement.
10.Option A - Operator Services Rate Elements
10.Operator Handled Calling Card - For each completed calling
card call that was dialed 0+ where the operator entered the calling card number.
10.Machine Handled Calling Card - For each completed call that
was dialed 0+ where the End User entered the required information , such as
calling card number.
10.Station Call - For each completed station call , including station
sent paid , collect, third number special Billing or 0- calling card call.
10.1.4 Person Call - For each completed person to person call
regardless of the Billing used by the End User.
10.Connect to Directory Assistance - For each operator placed call
to Directory Assistance.
10.Busy Line Verify - For each call where the operator determines
that conversation exists on a line.
10.Busy Line Interrupt - For each call where the operator interrupts
conversation on a busy line and requests release of the line.
10.Operator Assistance - For each EAS/local call, whether
completed or not, that does not potentially generate an operator surcharge.
These calls include, but are not limited to: calls given the DDD rate because of
transmission problems; calls where the operator has determined there should be
no charge, such as Busy Line Verify attempts where conversation was not found
on the line; calls where the End User requests information from the operator and
no attempt is made to complete a call; and calls for quote service.
10.9 "Completed call" as used in this Section shall mean that the End
User makes contact with the location , telephone number, person or extension
designated by the End User.
10.Option B - Per Work Second and Computer Handled Calls
10.Operator Handled - CLEC will be charged per work second for
all calls originating from its End Users and facilities that are routed to Owest'
operator for handling. Work second charging begins when the Owest operator
position connects with CLEC's End User and terminates when the connection
between the Owest operator position and CLEC's End User is terminated.
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10.Machine Handled - calls that are routed without operator
intervention. Machine handled calls include, but are not limited to, credit card
calls where the End User enters the calling card number, calls originating from
coin telephones where the computer requests deposit of coins, additional End
User key actions, recording of End User voice , etc.
10.Call Branding Nonrecurring Charge. Owest will charge to CLEC a
nonrecurring setup and recording fee for establishing Call Branding and loading each
Switch with CLEC's branded message. CLEC must pay such nonrecurring charges prior
to commencement of the service. The nonrecurring set-up and recording charge will
apply each time the CLEC's brand message is changed. The nonrecurring charge to
load the Switches with the CLEC's branded message will be assessed each time there is
any change to the Switch.
10.4 Ordering Process
CLEC will order Operator Services by completing the "Owest Operator Services/Directory
Assistance Ouestionnaire for Local Service Providers." Copies of this questionnaire may be
obtained from CLEC's designated Owest account manager.
10.5 Billing
10.Owest will track usage and bill CLEC for the calls placed by CLEC'sEnd
Users and facilities.
10.Owest will compute CLEC's invoice based on both Option A (Price Per
Message) and Option B (Price Per Work Second and Computer Handled Calls). Owest
will charge CLEC whichever option results in a lower charge.
10.If, due to equipment malfunction or other error, Owest does not have
available the necessary information to compile an accurate Billing statement, Owest may
render a reasonably estimated bill , but shall notify CLEC of the methods of such
estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate.
Owest shall render a bill reflecting actual billable quantities when and if the information
necessary for the Billing statement becomes available.
10.Access to Poles, Ducts, Conduits, and Rights of Way
10.1 Description
10.Pole Attachments - Where it has ownership or control to do so Owest
will provide CLEC with access to available pole attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.The term pole attachment means any attachment by CLEC to a
pole owned or controlled by Owest.
10.1.2 Ducts and Conduits Where it has ownership or control to do so,
Owest will provide CLEC with access to available ducts/conduits for the purpose of
placing facilities for transmitting Telecommunications Services. A spare duct/conduit will
be leased for copper facilities only, and an innerduct for the purpose of placing fiber.
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CLEC may place innerduct in an empty duct/conduit. Control of GLEe-installed spare
innerduct shall vest in Owest immediately upon installation; ownership of such innerduct
shall vest to Owest if and when CLEC abandons such innerduct. Within a multi-unit
building, duct may traverse building entrance facilities, building entrance links
equipment rooms, Remote Terminals, cable vaults, telephone closets or building riser.
10.The terms duct and conduit mean a single enclosed raceway for
conductors , cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges, public or private ROW or may be within some portion of a
multi-unit building. Within a multi-unit building, duct and conduit may traverse
building entrance facilities , building entrance links, equipment rooms, Remote
Terminals, cable vaults telephone closets or building riser. The terms duct and
conduit include riser cable.
10.The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three cables.
10.Rights of Way (ROW) - Where it has ownership or control to do so
Owest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit D, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by Owest and may
run under, on, above , across, along or through public or private property or enter multi-
unit buildings.
10.ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental , federal or Native
American, or other quasi-public or non-private lands, sufficient to permit Owest to
place Telecommunications facilities on such real property; such property owner
may permit Owest to install and maintain facilities under, on, above, across
along or through private property or enter multi-unit buildings. Within a multi-unit
building, a ROW includes a pathway that is actually used or has been specifically
designated for use by Owest as part of its transmission and distribution network
where the boundaries of the pathway are clearly defined either by written
specifications or unambiguous physical demarcation.
10.1.4 Reserved for Future Use.
10.The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Owest through express
or implied agreements, or through Applicable Rules as defined in this Agreement.
Terms and Conditions10.
Owest shall provide CLEC non-discriminatory access to poles, ducts, conduit and rights of way
on terms and conditions found in the Revised Owest Right of Way, Pole Attachment and/or
Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Owest
will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and rights of
way (ROW). Owest shall not give itself preference when assigning space.
10.Subject to the provisions of this Agreement, Owest agrees to issue to
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CLEC authorization for CLEC to attach, operate , maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/duct/innerduct or ROW owned
controlled in whole or in part by Owest, subject to Orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local, state
and/or federal requirements.
10.Owest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
10.8.2.Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Owest facilities under Section 224(f)(1) of the Act.
10.2.4 CLEC shall provide access to map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points,
the identification and location of the poles/duct/innerduct and ROWand a description of
CLECs facilities. Owest agrees to provide to CLEC access to relevant plats, maps,
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location, span more than five (5)
Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests will be provided within a reasonable
interval, not to exceed forty-five (45) calendar Days.
10.Except as expressly provided herein, or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Owest to construct, install, modify or
place any poles/duct/innerduct or other facility for use by CLEC.
10.Owest retains the right to determine the availability of space on
poles/duct/innerduct, duct, conduit and ROW consistent with 47 USC 9 224 and FCC
orders, rules and regulations pursuant to 47 USC 9224. In the event Owest determines
that rearrangement of the existing facilities on poles, innerduct, duct/conduit and ROW is
required before CLEC'facilities can be accommodated , the actual cost of such
modification will be included in CLEC's nonrecurring charges for the associated Order
(Make-Ready fee). When modifications to a Owest spare duct/conduit include the
placement of innerduct, Owest or CLEC will install the number of innerduct required to fill
the duct/conduit to its full capacity.
10.Owest shall make manhole ingress and egress for duct/innerduct access
available to CLEC. Owest will perform a feasibility study to determine whether to provide
a stub out via the pre-constructed knock out within the manhole, or to perform a core drill
of the manhole.
10.Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental, federal, Native American, and private rights of way. CLEC shall obtain
any permits, licenses , bonds , or other necessary legal authority and permission, at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC
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shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained , all such work may be performed by Owest or CLEC
at the option of CLEC.
10.Access to a Owest Central Office manhole will be permitted where
Technically Feasible. If space is available, Owest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
CLEC can establish the necessity and technical feasibility of splicing in the Central
Office manhole, such action shall be permitted.
10.10 Replacement/Modification/Installation. If CLEC requests Owest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Owest the total actual replacement cost, Owest's
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and
the actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Owest.
10.10.Upon request Owest shall permit CLEC to install
poles/duct/innerduct. Owest reserves the right to reject any non-conforming
replacement pole/duct/innerduct installed by CLEC that does not conform to the
NESC , OSHA or local ordinances.
10.10.To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Owest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC , Owest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
requirements will be deemed to be sharing in the modification and will be
responsible for its share of the modification cost. Attaching entities will not be
responsible for sharing in the cost of governmentally mandated pole or other
facility modification. Owest does not and will not favor itself over other Carriers
when Provisioning access to poles, innerduct and rights-of-way.
10.10.The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Owest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.Notification of modifications initiated by or on behalf of Owest and at
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Owest's expense shall be provided to CLEC at least sixty (60) calendar Days prior to
beginning modifications. Such notification shall include a brief description of the nature
and scope of the modification. If CLEC does not respond to a requested rearrangement
of its facilities within sixty (60) days after receipt of written notice from Owest requesting
rearrangement, Owest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/duct/innerduct completed at Owest's
expense.
10.12 Owest reserves the right to make an on-site/final construction inspection
of CLECs facilities occupying the poles/duct/innerduct system. CLEC shall reimburse
Owest for the actual cost of such inspections except where specified in this Section.
10.13 When final construction inspection by Owest has been completed , CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Owest in its written notice. If corrections are not completed within the
specified reasonable period occupancy authorizations for the ROW,
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith , regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct or ROW in accordance with the provisions of this Section, provided
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. Owest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties, Owest shall perform or have performed such
corrections and CLEC shall pay Owest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Owest.
10.14 Once CLEC's facilities begin occupying the poles/duct/innerduct or ROW
system, Owest may perform a reasonable number of inspections. Owest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.20; in which case CLEC shall reimburse Owest the costs of inspections
and re-inspections , as required. CLEC's representative may accompany Owest on such
field inspections. The cost of periodic inspection or any special inspections found
necessary due to the existence of sub-standard or unauthorized occupancies shall be
billed separately.
10.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completion
of the inspections.
10.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilities, obligations, or
liability assigned under this Agreement.
10.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
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qualifications and training as Owest's workers. CLEC may use any contractor approved
by Owest to perform Make-Ready Work.
10.18 If Owest terminates an Order for cause, or if CLEC terminates an Order
without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated Order(s) and shall remove its
facilities from the poles/duct/innerduct within sixty (60) calendar Days, or cause Owest to
remove its facilities from the poles/duct/innerduct at CLEC's expense; provided
however, that CLEC shall be liable for and pay all fees and charges provided for in this
Agreement to Owest until CLEC's facilities are physically removed. "Cause , as used
herein shall include CLEC's use of its facilities in material violation of any Applicable Law
or in aid of any unlawful act or making an unauthorized modification to Owest's
poles/duct/innerduct, or, in the case of ROW, any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Owest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Owest
or its predecessor.
10.19 Owest may abandon or sell any poles/duct/innerduct, conduit or ROW at
any time by giving written notice to CLEC. Any poles, innerduct, duct/conduit or ROW
that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/innerduct, duct/conduit or ROW, and with the concurrence of the other joint
user(s), if necessary, CLEC shall , within sixty (60) calendar Days of such notice, either:
1) continue to occupy the poles/innerduct, duct/conduit or ROW pursuant to its existing
rights under this Agreement if the poles/innerduct, duct/conduit, or ROW is purchased by
another party; 2) purchase the poles/innerduct, duct/conduit or ROW from Owest at the
current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one
of the foregoing options within sixty (60) calendar Days shall be deemed an election to
purchase the poles/innerduct, duct/conduit or ROW at the current market value if no
other party purchased the poles/innerduct, duct/conduit or ROW within this sixty (60)
Day period.
10.20 CLEC's facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code, and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists , the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as Owest, its
Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities
in accordance with the above requirements or failure to correct as provided in Section
10.13 shall be cause for termination of the Order. CLEC shall in a timely manner
comply with all requests from Owest to bring its facilities into compliance with these
terms and conditions.
10.21 Should Owest under the provisions of this Agreement remove CLEC'
facilities from the poles/duct/innerduct covered by any Order, Owest will deliver the
facilities removed upon payment by CLEC of the cost of removal, storage and delivery,
and all other amounts due Owest. If CLEC removes facilities from poles/duct/innerductfor other than repair or maintenance purposes, no replacement of the
poles/duct/innerduct shall be made until all outstanding charges due Owest for previous
occupancy have been paid in full. CLEC shall advise Owest in writing as to the date on
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which the removal of facilities from the poles/duct/innerduct has been completed.
10.22 If any facilities are found attached to poles/duct/innerduct for which no
order is in effect, Owest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years sine
the most recent inventory, or (b) five times the annual fee per pole or per innerduct run
between two (2) manholes. In addition, CLEC agrees to pay (a) interest on these fees at
a rate set for the applicable time period by the Internal Revenue Service for individual
underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25
C. 9 6621 , Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any audit
required to identify unauthorized CLEC attachments. Owest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid Order for the attachment in
the form of Attachment 2 of Exhibit D , within thirty (30) days of written notification from
Owest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Owest to take curative measures itself (e., pulling additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Owest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Owest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Owest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Owest of the unauthorized occupancy, a poles/duct/innerduct
application. If such application is not received by Owest within the specified time period,
CLEC will be required to remove its unauthorized facility within thirty (30) calendar days
of the final date for submitting the required application, or Owest may remove CLEC'
facilities without liability, and the cost of such removal shall be borne by CLEC.
10.23 No act or failure to act by Owest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Owest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from its
inception.
10.2.24 Owest will provide CLEC non-discriminatory access to poles, innerducts
duct/conduits and ROW pursuant to 47 USC 9 224 and FCC orders, rules and
regulations pursuant to 47 USC 9 224. In the event of a conflict between this
Agreement, on one hand, and 47 USC 9 224 and FCC orders, rules and regulations
pursuant to 47 USC 9 224, on the other, 47 USC 9 224 and FCC orders, rules and
regulations pursuant to 47 USC 9 224 shall govern. Further, in the event of a conflict
between Exhibit D, on one hand, and this Agreement or 47 USC 9 224 and FCC orders,
rules and regulations pursuant to 47 USC ~ 224, on the other, this Agreement or 47 USC
~ 224 and FCC orders, rules and regulations pursuant to 47 USC ~ 224 shall govern,
provided however, that any Access Agreement that has been duly executed
acknowledged and recorded in the real property records for the county in which the
ROW is located shall govern in any event pursuant to its terms.
10.25 Nothing in this Agreement shall require Owest to exercise eminent
domain on behalf of CLEC.
10.Upon CLEC request, Owest will certify to a landowner with whom Owest
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has an ROW agreement, the following:
10.26.that the ROW agreement with Owest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.26.that there will be no penalty under the agreement between the
landowner and Owest if the landowner enters into a ROW agreement with CLEC.
10.27 For purposes of permitting CLEC to determine whether Owest has
ownership or control over duct/conduit or ROW within a specific multi-dwelling unit, if
CLEC requests a copy of an agreement between Owest and the owner of a specific
multi-dwelling unit that grants Owest access to the multi-dwelling unit, Owest will provide
the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a
completed Attachment 1.A from Exhibit D that identifies a specific multi-unit dwelling or
route for each agreement.
10.27.Upon receipt of a completed Attachment 1., Owest will prepare
and return an MDU information matrix, within ten (10) days , which will identify (a)
the owner of the multi-dwelling unit as reflected in Owest's records , and (b)
whether or not Owest has a copy of an agreement that provides Owest access to
the multi-dwelling unit in its possession. Owest makes no representations or
warranties regarding the accuracy of its records, and CLEC acknowledges that
the original property owner may not be the current owner of the property.
10.27.Owest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.27.3 and the Consent to Disclosure form. Owest will
provide to CLEC a copy of an agreement listed in the MDU information matrix
that has not been publicly recorded after CLEC obtains authorization for such
disclosure from the third party owner(s) of the real property at issue by
presenting to Owest an executed version of the Consent to Disclosure form that
is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission
of the Consent to Disclosure form , CLEC must comply with the indemnification
requirements in Section 10.8.4.
10.27.As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Owest access to a multi-dwelling unit that Owest
provides to CLEC or that CLEC obtains from the multi-dwelling unit owner or
operator, Owest shall redact all dollar figures from copies of agreements that
have not been publicly recorded that Owest provides to CLEC and shall require
that the multi-dwelling unit owner or operator make similar redaction s prior to
disclosure of the agreement.
10.27.4 In all instances, CLEC will use agreements only for the following
purposes: (a) to determine whether Owest has ownership or control over duct
conduits, or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Owest facilities and the
Owner s facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
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engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.Rate Elements
Owest fees for attachments are in accordance with Section 224 of the Act and FCC orders,
rules and regulations promulgated thereunder, as well as the rates established by the
Commission including the following rates , are reflected in Exhibit A.
10.Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the ROW matrix, which identifies , for each ROW, the name of the
original grantor and the nature of the ROW (Le., publicly recorded and non-recorded)
. and the MDU matrix, which identifies each requested legal agreement between Owest
and a third party who has a multi-unit building in Owest's possession that relates to
Telecommunications Services provided to or through real property owned by the third
party (MDU Agreement) and , for each such MDU Agreement, the name of the third
party. Separate Inquiry Fees apply for ROW, poles and duct/conduit/innerduct.
10.Field Verification Fee/Access Agreement Preparation Fee. In the case
of poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid
charge which recovers the estimated actual costs for a field survey verification required
for a route and to determine scope of any required Make-Ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
billed in advance.
10.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up)
charge which recovers the cost of necessary work required to make the requested
facility/ROW available for access. For innerduct, this could include, but is not limited to
the placing of innerduct in conduit/duct systems or core drilling of manholes. For pole
attachment requests, this could include , but is not limited to, the replacement of poles to
meet required clearances over roads or land. For ROW, this Make-Ready could include,
but is not limited to, personnel time, including attorney time. With respect to ROW
Make-Ready work refers to legal or other investigation or analysis arising out of CLEC'
failure to comply with the process described in Exhibit D for ROW, or other
circumstances giving rise to such work beyond the simple preparation of one or more
Access Agreements. The estimated pre-paid fee shall be billed in advance.
10.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the
occupancy, including during any Make-Ready period, of one (1) foot of pole space
(except for antenna attachment which requires two (2) feet). This fee shall be annual
unless CLEC requests that it be semi-annual.
10.Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any Make-Ready period, of an innerduct on a per foot basis.
This fee shall be annual unless CLEC requests that it be semi-annual.
10.Access Agreement Consideration.A pre-paid fee which constitutes
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consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(Le. nonrecurring) fee.
10.4 Ordering
There are two (2) steps required before placing an Order for access to ROW, duct/innerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access,
Pole Attachment or Duct/lnnerduct Occupancy, Owest will provide CLEC with Exhibit D.
CLEC will review the documents and provide Owest with maps of the desired area
indicating the routes and entrance points for proposed attachment, proposed occupancy
or proposed CLEC construction on Owest owned or controlled poles , duct/innerduct and
ROW as well as the street addresses of any multi-unit buildings upon or through which
CLEC proposes construction on ROW owned or controlled by Owest. CLEC will include
the appropriate Inquiry Fee with a completed Attachment 1.A from Exhibit D.
10.8.4.Inquiry Review-Duct/Conduit/lnnerduct. Owest will complete
the database inquiry and prepare a duct/conduit structure diagram (referred to as
a "Flatline ) which shows distances and access points (such as manholes).
Along with the Flatline will be estimated costs for field verification of available
facilities. These materials will be provided to CLEC within ten (10) calendar Days
or within the time frames of the applicable federal or state law, rule or regulation.
10.8.4.Inquiry Review Poles. Owest will provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.8 of
Exhibit D within ten (10) calendar Days of the request.
10.8.4.Inquiry Review - ROW. Owest shall , upon request of CLEC,
provide the ROW matrix, the MDU matrix and a copy of all publicly recorded
agreements listed in those matrices to CLEC within ten (10) days of the request.
Owest will provide to CLEC a copy of agreements listed in the matrices that have
not been publicly recorded if CLEC obtains authorization for such disclosure from
the third party owner(s) of the real property at issue by an executed version of
the Consent to Disclosure form, which is included in Exhibit D, Attachment 4.
Owest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Owest provides to CLEC. Any
dispute over whether terms have been redacted appropriately shall be resolved
pursuant to the dispute resolution procedures set forth in this Agreement.
Alternatively, in order to secure any agreement that has not been publicly
recorded, a CLEC may provide a legally binding and satisfactory agreement to
indemnify Owest in the event of any legal action arising out of Owest's provision
of such agreement to CLEC. In that event, CLEC shall not be required to provide
an executed Consent to Disclosure form. Owest makes no warranties concerningthe accuracy of the information provided to CLEC; CLEC expressly
acknowledges that Owest's files contain only the original ROW instruments, and
that the current owner(s) of the fee estate may not be the party identified in the
document provided by Owest.
10.8.4.Field Verification - Poles, Ducts/lnnerducts and Access Agreement
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Preparation (ROW). CLEC will review the inquiry results and determine whether to
proceed with field verification for poles/duct or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired , CLEC will sign and
return Attachment 1.B of Exhibit D along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration if applicable, Owest will provide, as
applicable: depending on whether the request is for poles, duct/innerduct or ROW: (a) in
the case of innerduct/duct/conduit, a field survey and site investigation of the poles or
innerduct/duct/conduit, including the preparation of distances and drawings , to determine
availability of existing innerduct/duct/conduit; identification of Make-Ready costs
required to provide space; the schedule in which the Make-Ready work will be
completed; and, the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW, the completed Access Agreement(s), executed and
acknowledged by Owest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instructions , terms and conditions set forth in Exhibit D , the Access
Agreement becomes effective to convey the interest identified in the Access Agreement
(if any). Any dispute regarding whether a legal agreement conveys a ROW shall be
resolved between CLEC and the relevant third party or parties, and such disputes shall
not involve Owest and/or (c) In the case of poles, estimates of Make-Ready costs and
the annual recurring prices associated with the attachment of facilities shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by
Owest not later than forty five (45) calendar Days after the CLEC's submission of the
inquiry request. Make-ready time, if any, and CLEC review time is not part of the forty
five (45) Day interval. The Attachment 2 quotation shall be valid for ninety (90) calendar
Days.
10.8.4.1 GLEe-Performed Field Verification. At the option of CLEC, it
may perform its own field verification (in lieu of Owest performing same) with the
following stipulations: 1) verifications will be conducted by a Owest approved
contractor; 2) a Owest contractor will monitor the activity of CLEC contractor and
a current labor rate will be charged to CLEC; 3) CLEC will provide Owest with a
legible copy of manhole butterfly drawings that reflect necessary Make-Ready
effort; and 4) Owest will use GLEe-provided butterfly drawings and
documentation to check against existing jobs and provide a final field report
available duct/innerduct. CLEC will be charged standard rates for tactical
planner time.
10.8.4.Order Poles and Ducts/lnnerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an Order for the attachment or occupancy. Upon
receipt of the accepted Order from CLEC and applicable payment for the fees identified,
Owest will assign the requested space and commence any Make-Ready work which
may be required. Owest will notify CLEC when poles/duct/innerduct are ready.
10.8.4.4
Ready costs.
Make-Ready - Estimates of Make-Ready are used to cover actual Make-
10.8.4.4.If Owest requests, CLEC will be responsible for payment of the
actual Make-Ready costs determined if such costs exceed the estimate. Such
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payment shall be made within thirty (30) days of receipt of an invoice for the
costs that exceed the estimate.
10.8.4.4.Within fifteen (15) business days of a request, Owest will
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided, however, that, if Owest does not possess all such records at the time of
the request, then Owest will provide copies of such records within fifteen (15)
business days of receipt of such records. CLEC must request such records, if at
all, within sixty (60) calendar Days after written notification of the completion of
the Make-Ready work.
10.8.4.4.If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will be issued upon request. Such request
must be received within sixty (60) calendar Days following CLEC's receipt of
copies of records if CLEC has requested records under this paragraph , or within
sixty (60) calendar Days after written notification of the completion of Make-
Ready work if CLEC has not requested records under this paragraph. Such
credit will issue within ten (10) business days of Owest's receipt of either all
records related to such actual costs or CLEC's request for credit, whichever
comes last, but in no event later than ninety (90) calendar Days following the
request for credit.
10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, Owest denies the request for poles, ducts or ROW, upon
CLEC request, Owest will also refund the difference between the actual Make-
Ready costs incurred and those prepaid by CLEC, if any. Such request must be
made within thirty (30) calendar Days of CLEC's receipt of written denial or
notification of cancellation. Any such refund shall be made within ten (10)
business days of either receipt of CLEC's request or Owest's receipt of all
records relating to the actual costs, whichever comes last, but in no event later
than ninety (90) calendar Days following the denial.
10.5 Billing
CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field
Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole Attachment Fee,
Duct/lnnerduct Occupancy Fee and Access Agreement Consideration. Make-Ready Fees will
be computed in compliance with applicable local , state and federal guidelines. Usage fees for
poles/duct/innerduct (Le., Pole Attachment Fee and Duct/lnnerduct Occupancy Fee) will be
assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees
for poles/duct/innerduct will be assessed as of January 1 of each year. Semi-annual usage fees
for poles/duct/innerduct will be assessed as of January 1 and July 1 of each year. All fees shall
be paid within thirty (30) days following receipt of invoices. All fees are not refundable except as
expressly provided herein.
10.6 Maintenance and Repair
In the event of any service outage affecting both Owest and CLEC, repairs shall be effectuated
on a non-discriminatory basis as established by local, state or federal requirements. Where
such requirements do not exist, repairs shall be made in the following order: electrical,
telephone (EAS/local), telephone (long distance), and cable television , or as mutually agreed to
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by the users of the affected poles/duct/innerduct.
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Section 11
Network Security
Section 11.0 - NETWORK SECURITY
11.Protection of Service and Property. Each Party shall exercise the same degree of
care to prevent harm or damage to the other Party and any third parties , its employees, agents
or End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
11.Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
11.4 Owest and CLEC share responsibility for security and network protection for each
Collocation arrangement. Each Party s employees, agents or representatives must secure its
own portable test equipment, spares, etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Owest ladders in the Wire Center, either
rolling or track, which CLEC may use in the course of work operations. Owest assumes no
liability to CLEC, its agents , employees or representatives, if CLEC uses a Owest ladder
available in the Wire Center.
11.Each Party is responsible for the physical security of its employees, agents
representatives. Providing safety glasses , gloves , etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders
and test gear is the training responsibility of the employing Party.
11.In the event that one Party s employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party s 24 x 7 security numbers.
11.Each Party shall comply at all times with Owest security and safety procedures
and requirements while performing work activities on Owest's Premises.
11.Owest will allow CLEC to inspect or observe spaces which house or contain
CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry
codes, lock combinations, or other materials or information which may be needed to gain entry
into any secured CLEC space, in a manner consistent with that used by Owest.
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11.Owest will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. Owest has similar responsibility for its employees.
11.
guidelines.
CLEC will train its employees , agents and vendors on Owest security policies and
11.12 When working on Owest ICDF Frames or in Owest's common or CLEC equipment
line-ups, Owest and CLEC employees, agents and vendors agree to adhere to Owest quality
and performance standards provided by Owest and as specified in this Agreement.
11.13 CLEC shall report all material losses to Owest Security. All security incidents are
to be referred directly to local Owest Security - 1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888- 879-7328.
11.14 Owest and CLEC employees agents and vendors will
identification/access card above the waist and visible at all times.
display the
11.15 Owest and CLEC shall ensure adherence by their employees, agents and
vendors to all applicable Owest environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal , State and local regulations, including evacuation
plans and indoor air quality.
11.
and gates.
Owest and CLEC employees , agents and vendors will secure and lock all doors
11.17 CLEC will report to Owest all property and equipment losses immediately, any lost
cards or keys, vandalism , unsecured conditions, security violations, anyone who is unauthorized
to be in the work area or is not wearing the Owest identification/access card.
11.18 Owest and CLEC employees, agents and vendors shall comply with Owest
Central Office fire and safety regulations, which include but are not limited to, wearing safety
glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as
wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not
blocking doors open , providing safety straps and cones in installation areas, using electrostatic
discharge protection, and exercising good housekeeping.
11.19 Smoking is not allowed in Owest buildings, Wire Centers, or other Owest facilities.
No open flames shall be permitted anywhere within the buildings, Wire Centers or other
facilities. Failure to abide by this restriction may result in denial of access for that individual and
may constitute a violation of the access rules, subjecting CLEC employee, agent or vendor to
denial of unescorted access. Owest shall provide written notice within five (5) calendar Days of
a CLEC violation of this provision to CLEC prior to denial of access and such notice shall
include: 1) identification of the violation of this provision and the personnel involved, 2)
identification of the safety regulation violated , and 3) date and location of such violation. CLEC
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will have five (5) calendar Days to remedy any such violation for which it has received notice
from Owest. In the event that CLEC fails to remedy any such violation of which it has received
notice within such five (5) calendar Days following receipt of such notice, CLEC shall be denied
unescorted access to the affected Premises. In the event CLEC disputes any action Owest
seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution
by expedited Dispute Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Owest buildings or on the grounds.
11.21 No weapons of any type are allowed on Owest Premises. Vehicles on Owest
property are subject to this restriction as well.
11.22 Except as otherwise provided in this Agreement, CLEC's employees , agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided , however, nothing in Section 11. shall prevent CLEC
its employees or agents from performing modifications, alterations, additions or repairs to its
own equipment or facilities.
11.23 Owest employees may request CLEC's employees, agents or vendors to stop any
work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Owest Premises, Owest equipment or Owest services within the
facility until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility, to Owest Service Assurance
(800-713-3666) and the reported work activity will be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Owest Central Office, notification
of the non-compliant activity may be made to the Central Office supervisor, and the Central
Office supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of the non-compliant work activity to the
non-compliant Party and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated , and 3) date and location of safety
violation. If such non-compliant work activities pose an immediate threat to the safety of the
other Party s employees, 'interference with the performance of the other Party s service
obligations, or pose an immediate threat to the physical integrity of the other Party s facilities,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party s expense. In the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision , the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non-
compliant Party fails to correct any safety non-compliance within ten (10) calendar Days
written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10)
calendar Days of written notice of non-compliance, and if the non-compliant Party fails to take
all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue
immediate resolution by expedited Dispute Resolution.
11.24 Owest is not liable for any damage, theft or personal injury resulting from CLEC'
employees, agents or vendors parking in a Owest parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access area,
or without proper identification will be asked to vacate the Premises and Owest security may be
notified. Continued violations may result in termination of access privileges. Owest shall provide
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immediate notice of the security violation to CLEC and such notice shall include:
identification of the security violation, 2) identification of the security regulation violated , and 3)
date and location of security violation. CLEC will have five (5) calendar Days to remedy any
such alleged security violation before any termination of access privileges for such individual. In
the event CLEC disputes any action Owest seeks to take or has taken pursuant to this
provision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.
Centers:
Building related problems may be referred to the Owest Work Environment
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other Owest states)
11.27 CLEC will submit a Owest Collocation Access Application form for individuals
needing to access Owest facilities. CLEC and Owest will meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors will utilize only corridors , stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access will be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC will collect identification/access cards for any employees , agents or
vendors no longer working on behalf of CLEC and forward them to Owest Security. If cards or
keys cannot be collected, CLEC will immediately notify Owest at 800-210-8169.
11.30 CLEC will assist Owest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) days a
week, twenty-four (24) hours a day.
11.31 Owest and CLEC employees, agents and vendors will notify Owest Service
Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for the
purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00
m. to 5:00 p.
11.32 CLEC will notify Owest if CLEC has information that its employee, agent or vendor
poses a safety and/or security risk. Owest may deny access to anyone who in the reasonable
judgment of Owest threatens the safety or security of facilities or personnel.
11.33 CLEC will supply to Owest Security, and keep up to date, a list of its employees
agents and vendors who require access to CLEC's space. The list will include names and
social security numbers. Names of employees, agents or vendors to be added to the list will be
provided to Owest Security, who will provide it to the appropriate Owest personnel.
11.34 Revenue Protection. Owest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Owest shall additionally provide partitioned access to fraud
prevention , detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LlDB Fraud monitoring systems.
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11.34.Uncollectable or unbillable revenues resulting from, but not confined to
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.Uncollectible or unbillable revenues resulting from the accidental or
malicious alteration of software underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system software.
11.34.Owest shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network Interface Device, including clip-
on fraud, if Owest could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a.revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction, etc.
11.34.If Owest becomes aware of potential fraud with respect to CLEC'
accounts , Owest will promptly inform CLEC and , at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Owest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 Owest provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of CLEC , for any lines served from Owest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Owest Wire Centers or cross
boxes, whether the line is a resold line or part of an Unbundled Local Switching or Unbundled
Loop element, Owest will perform trap/trace Title III and pen register assistance directly with law
enforcement. CLEC will not be involved or notified of such actions, due to non-disclosure court
order considerations, as well as timely response duties when law enforcement agencies are
involved. Exceptions to the above will be those cases, as yet undetermined, where CLEC must
participate due to technical reasons wherein its circuitry must be accessed or modified to
comply with law enforcement, or for legal reasons that may evolve over time. CLEC will provide
Owest with a twenty-four (24) hour a Day, seven (7) Days a week contact for processing such
requests, should they occur.
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Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.Description
12.Owest has developed and shall continue to provide Operational Support System
(OSS) interfaces using electronic gateways and manual processes. These gateways act as
mediation or control point between CLEC's and Owest's OSS. These gateways provide security
for the interfaces, protecting the integrity of the Owest OSS and databases. Owest's OSS
interfaces have been developed to support Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing. This section describes the interfaces and manual
processes that Owest has developed and shall provide to CLEC. Additional technical
information and details shall be provided by Owest in training sessions and documentation and
support, such as the "Interconnect Mediated Access User s Guide." Owest will continue to
make improvements to the electronic interfaces as technology evolves , Owest's legacy systems
improve, or CLEC needs require. Owest shall provide notification to CLEC consistent with the
provisions of the Change Management Process (CMP) set forth in Section 12.
12.Through its electronic gateways and manual processes, Owest shall provide
CLEC non-discriminatory access to Owest's OSS for Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing functions. For those functions with a retail analogue. such
as pre-ordering. and ordering and Provisioning of resold services , Owest shall provide CLEC
access to its OSS in substantially the same time and manner as it provides to itself. For those
functions with no retail analogue, such as pre-ordering and ordering and Provisioning of
Unbundled Elements, Owest shall provide CLEC access to Owest's OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Owest will comply with the standards
for access to OSS set forth in Section 20. Owest shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. Owest shall
provide assistance for CLEC to understand how to implement and use all of the available OSS
functions. Owest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its website, training,
disclosure documentation and development assistance, Owest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC'
requests and orders are processed efficiently. Owest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Owest will identify how its interface differs from national guidelines or standards. Owest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.2 OSS Support for Pre-Ordering, Ordering and Provisioning
12.Local Service Request (LSR) Ordering Process
12.Owest shall provide electronic interface gateways for submission of
LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical
User Interface (GUI).
12.2.The interface guidelines for EDI are based upon the Order & Billing
Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry
Forum (TCIF) Customer Service Guidelines; and the American National Standards
Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the
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above guidelines/standards shall be specified in the EDI disclosure documents.
12.The GUt shall provide a single interface for Pre-Order and Order
transactions from CLEC to Owest and is browser based. The GUI interface shall be
based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol
(TCP/IP) to transmit messages.
12.1.4 Functions Pre Ordering Owest will provide real time, electronic access
to pre-order functions to support CLEC's ordering via the electronic interfaces described
herein. Owest will make the following real time pre-order functions available to CLEC:
12.1.4.1 Features, services and Primary Interexchange Carrier (PIC)
. options for IntraLATA toll and InterLATA toll available at a valid service address;
12.1.4.Access to Customer service records (CSRs) for Owest retail or
resale End User Customers. The information will include Billing name, service
address, Billing address, service and feature subscription , directory listing
information, and long distance Carrier identity;
12.1.4.Telephone number request and selection;
12.1.4.4 Reservation of appointments for service installations requiring
the dispatch of a Owest technician on a non-discriminatory basis;
12.1.4.Information regarding whether dispatch is required for service
installation and available installation appointments;
12.1.4.Service address verification;
12.2.1.4.Facility availability, Loop qualification, including resale-DSL, and
Loop make-up information , including, but not limited to, Loop length, presence of
Bridged Taps, repeaters , and loading coils. This Section 12.1.4.7 shall apply
only to CLEC orders for Unbundled Loops or Loop combinations.
12.1.4.A list of valid available CFAs for Unbundled Loops.
12.1.4.A list of one to five (1-5) individual Meet Points or a range of
Meet Points for shared Loops.
12.1.4.10 Design Layout Record (DLR) Ouery which provides the layout
for the local portion of a circuit at a particular location where applicable.
12.Dial-Up Capabilities
12.Reserved for Future Use.
12.Reserved for Future Use.
12.When CLEC requests from Owest more than fifty (50) SecurlDs
for use by CLEC Customer service representatives at a single CLEC location,
CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is
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obtaining the line from Owest, then CLEC shall be able to use SecurlDs until
such time as Owest provisions the T1 line and the line permits pre-order and
order information to be exchanged between Owest and CLEC.
12.Access Service Request (ASR) Ordering Process
12.Owest shall provide a computer-to-computer batch file interface
for submission of ASRs based upon the OBF Access Service Order Guidelines
(ASOG). Owest shall supply exceptions to these guidelines in writing in sufficient
time for CLEC to adjust system requirements.
12.Facility Based EDI Listing Process - Owest shall provide a Facility Based
EDI Listing interface to enable CLEC listing data to be translated and passed into the
Owest listing database. This interface is based upon OBF LSOG and ANSI ASC X12
standards. Owest shall supply exceptions to these guidelines/standards in writing in
sufficient time for CLEC to adjust system requirements.
12.Owest will establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. Owest will work cooperatively with
CLECs through the CMP process to consider any suggestions made by CLECs to
improve or modify such plans. CLEC specific requests for modifications to such plans
will be negotiated and mutually agreed upon between Owest and CLEC.
12.Ordering and Provisioning - Owest will provide access to ordering and
status functions. CLEC will populate the service request to identify what features,
services, or elements it wishes Owest to provision in accordance with Owest's published
business rules.
12.Owest shall provide all Provisioning services to CLEC during the
same business hours that Owest provisions services for its End User Customers.
Owest will provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis as it provides such Provisioning services to itself, its End
User Customers, its Affiliates or any other Party. Owest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale website.
12.When CLEC places an electronic order, Owest will provide
CLEC with an electronic firm order confirmation notice (FOC). The FOC will
follow industry-standard formats and contain the Owest Due Date for order
completion. Upon completion of the order, Owest will provide CLEC with an
electronic completion notice which follows industry-standard formats and which
states when the order was completed. Owest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies the CLEC
that the service order record has been completed, and 2) Billing completion that
notifies the CLEC that the service order has posted to the Billing system.
12.When CLEC places a manual order, Owest will provide CLEC
with a manual firm order confirmation notice. The confirmation notice will follow
industry-standard formats. Upon completion of the order, Owest will provide
CLEC with a completion notice which follows industry-standard formats and
which states when the order was completed. Owest supplies two (2) separate
completion notices: 1) service order completion (SOC) which notifies the CLEC
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that the service order record has been completed, and 2) Billing completion that
notifies the CLEC that the service order has posted to the Billing system.
12.9.4 When CLEC places an electronic order, Owest shall provide
notification electronically of any instances when (1) Owest's Committed Due
Dates are in jeopardy of not being met by Owest on any service or (2) an order is
rejected. The standards for returning such notices are set forth in Section 20.
12.When CLEC places a manual order, Owest shall provide
notification of any instances when (1) Owest's Committed Due Dates are in
jeopardy of not being met by Owest on any service or (2) an order is rejected.
The standards for returning such notices are set forth in Section 20.
12.Business rules regarding rejection of LSRs or ASRs are subject
to the provisions of Section 12.
12.Ordering and Provisioning - Owest will provide access to
ordering and status functions. CLEC will populate the service request to identify
what features, services, or elements it wishes Owest to provision in accordance
with Owest's published business rules. Where Owest provides installation on
behalf of CLEC, Owest shall advise the CLEC End User Customer to notify
CLEC immediately if the CLEC End User Customer requests a service change at
the time of installation.
12.Reserved for Future Use.
12.2 Maintenance and Repair
12.Owest shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing a Customer s trouble history at a
specific location , conducting testing of a Customer s service where applicable, and
reporting trouble to facilitate the exchange of updated information and progress reports
between Owest and CLEC while the Trouble Report (TR) is open and a Owest
technician is working on the resolution. CLEC may also report trouble through manual
processes. For designed services, the TR will not be closed prior to verification by
CLEC that trouble is cleared.
12.3 Interface Availability
12.Owest shall make its OSS interfaces available to CLECs during the hours
listed in the Gateway Availability PIDs in Section 20.
12.Owest shall notify CLECs in a timely manner regarding system downtime
through mass email distribution and pop~up windows as applicable.
12.Reserved for Future Use.
12.4 Billing
12.2.4.For products billed out of the Owest Interexchange Access Billing System
(lABS), Owest will utilize the existing CABS/BOS format and technology for the
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transmission of bills.
12.2.4.For products billed out of the Owest Customer Record Information
System (CRIS), Owest will utilize the existing EDI standard for the transmission of
monthly local Billing information. EDI is an established standard under the auspices of
the ANSIIASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.5 Outputs
Output information will be provided to CLEC in the form of bills, files , and reports. Bills will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/F AM Street Address/Facility Availability Information
12.Bills
12.CRIS Summary Bill - The CRIS Summary Bill represents a
monthly summary of charges for most wholesale products sold by Owest. This
bill includes a total of all charges by entity plus a summary of current charges
and adjustments on each sub-account. Individual sub-accounts are provided as
Billing detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bill provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bills
received by CLEC is dictated by the product ordered and the Owest region in
which CLEC is operating.
12.lABS Bill - The lABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges. These bills are segmented by product, LATA, Billing account
number (BAN) and bill cycle.
12.2.Files and Reports
12.Daily Usage Record File provides the accumulated set of call
information for a given day as captured or recorded by the network Switches.
This file will be transmitted Monday through Friday, excluding Owest holidays.
This information is a file of unrated Owest originated usage messages and rated
CLEC originated usage messages. It is provided in Alliance for
Telecommunication Industry Solution (ATIS) standard (Electronic Message
Interface) EMI format. This EMI format is outlined in the document SR-320;
which can be obtained directly from A TIS. The Daily Usage Record File contains
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multi-state data for the Data Processing Center generating this information.
Individual state identification information is contained with the message detail.
Owest will provide this data to CLEC with the same level of precision and
accuracy it provides itself. This file will be provided for the following list of
products:
Resale;
Unbundled Switch Port; and
UNE-P for POTS.
12.The charge for this Daily Usage Record File is contained in
Exhibit A of this Agreement.
12.Routing of in-region IntraLATA Collect, Calling Card, and Third
Number Billed Messages - Owest will distribute in-region intraLATA collect
calling card, and third number billed messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it will contain these records for these types of calls as well.
12.2.4 Loss Report provides CLEC with a daily report that contains a
list of accounts that have had lines and/or services disconnected. This may
indicate that the End User Customer has changed CLECs or removed services
from an existing account. This report also details the order number, service
name and address, and date this change was made. Individual reports will be
provided for the following list of products:
Interim Number Portability;
Resale;
Unbundled Loop;
Unbundled Line Side Switch Port; and
UNE-P for POTS.
12.Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports will be provided for the following list of
products:
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Unbundled Loop;
Unbundled Line-side Switch; and
UNE-P for POTS.
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12.Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between Owest and CLEC. Category 1101 series records are
used to exchange detailed access usage information.
12.Category 1150 series records are used to exchange
summarized Meet Point Billed access minutes-of-use. Owest will make
accessible to CLEC through electronic means the transmission method/media
types available for these mechanized records.
12.SAG/FAM Files. The SAG (Street Address Guide)/ FAM
(Features Availability Matrix) files contain the following information:
Information. .
SAG provides Address and Serving Central Officeb) FAM provides USOCs and descriptions by state
(POTS services only), and USOC availability by NPA-NXX with the
exception of Centrex. InterLATA/lntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by ftp (file transfer protocol), NDM connectivity, or a Web browser.
12.Change Management
Owest agrees to maintain a change management process, known as the Change Management
Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices
to address Owest's OSS, products and processes. The CMP shall include, but not be limited to
the following: (i) provide a forum for CLEC and Owest to discuss CLEC and Owest change
requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide
a forum for CLECs and Owest to discuss and prioritize CRs, where applicable pursuant to
Exhibit G; (iii) develop a mechanism to track and monitor CRs and CMP notifications;
(iv) establish intervals where appropriate in the process; (v) processes by which CLEC impacts
that result from changes to Owest's OSS, products or processes can be promptly and effectively
resolved; (vi) process that are effective in maintaining the shortest timeline practicable for the
receipt, development and implementation of all CRs; (vii) sufficient dedicated Owest processes
to address and resolve in a timely manner CRs and other issues hat come before the CMP
body; (viii) processes for OSS Interface testing; (ix) information that is clearly organized and
readily accessible to CLECs, including the availability of web-based tools; (x) documentation
provided by Owest that is effective in enabling CLECs to build an electronic gateway; and (xi) a
process for changing CMP that calls for collaboration among CLECs and Owest and requires
agreement by the CMP participants. Pursuant to the scope and procedures set forth in Exhibit
, Owest will submit to CLECs through the CMP , among other things, modifications to existing
products and product and technical documentation available to CLECs, introduction of new
products available to CLECs, discontinuance of products available to CLECs, modifications to
pre-ordering, ordering/Provisioning, maintenance/repair or Billing processes, introduction of pre-
ordering, ordering/Provisioning, Maintenance/Repair or Billing processes, discontinuance of pre-
ordering, ordering/Provisioning, maintenance/repair or Billing process, modifications to existing
OSS interfaces, introduction of new OSS interfaces, and retirement of existing OSS interfaces.
Owest will maintain as part of CMP an escalation process so that CMP issues can be escalated
to a Owest representative authorized to make a final decision and a process for the timely
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resolution of disputes. The governing document for CMP , known as the Change Management
Process, is attached as Exhibit G (the "CMP Document"). As of the date of filing, the CMP
Document (Exhibit G) is the subject of ongoing negotiations between Owest and CLECs in the
ongoing CMP redesign process. Not all of the sections of Exhibit G have been discussed or
considered during the ongoing CMP redesign process, and. the CMP Document will be
continued to be changed through those discussions. Exhibit G reflects the commitments Owest
has made regarding maintaining its CMP as of the date of filing, and Owest commits to
implement agreements made in the CMP redesign process as soon as practicable after they are
made. Following the completion of the CMP Document, Exhibit G will be subject to change
through the CMP process, as set forth in the CMP Document. Owest will maintain the most
current version of the CMP Document on its wholesale website.
12.In the course of establishing operational ready system interfaces
between Owest and CLEC to support local service delivery, CLEC and Owest may need
to define and implement system interface specifications that are supplemental to existing
standards. CLEC and Owest will submit such specifications to the appropriate
standards committee and will work towards their acceptance as standards.
12.
Exhibit G.
Release updates will be implemented pursuant to the CMP set forth
12.Notwithstanding any other provision in this Agreement, the CMP
document attached as Exhibit G will be modified pursuant to the terms of Exhibit G, or
the procedures of the redesign process, and incorporated as part of this Agreement
without requiring the execution or filing of any amendment to this Agreement.
12.CLEC Responsibilities for Implementation of ass Interfaces
12.1 . Before any CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Ouestionnaire as required in Section 3.
12.Once Owest receives a complete and accurate New CLEC
Ouestionnaire, Owest and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.8 Owest Responsibilities for On-going Support for ass Interfaces
12.Owest will support previous EDI releases for six (6) months after the next
subsequent EDI release has been deployed. Owest will use all reasonable efforts to provide
sufficient support to ensure that issues that arise in migrating to the new release are handled in
a timely manner.
12.
new release.
Owest will provide written notice to CLEC of the need to migrate to a
12.Owest will provide an EDI Implementation Coordinator to work with
CLEC for business scenario re-certification, migration and data conversion strategy
definition.
12.Re-certification is the process by which CLECs demonstrate the ability to
generate correct functional transactions for enhancements not previously certified.
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Owest will provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
12.8.4 Owest shall provide training mechanisms for CLEC to pursue in
educating its internal personnel. Owest shall provide training necessary for CLEC to use
Owest's OSS interfaces and to understand Owest's documentation, including Owest's
business rules.
12.9 CLEC Responsibilities for On-going Support for OSS Interfaces
12.If using the GUI interface, CLEC will take reasonable efforts to train
CLEC personnel on the GUI functions that CLEC will be using.
12.An exchange protocol will be used to transport EDI formatted content.
CLEC must perform certification testing of exchange protocol prior to using the EDI
interface.
12.Owest will provide CLEC with access to a stable testing environment that
mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with Owest's OSS. Owest has established the following test processes to
assure the implementation of a solid interface between Owest and CLEC:
12.Connectivity Testing - CLEC and Owest will conduct
connectivity testing. This test will establish the ability of the trading partners tosend and receive EDI messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
. each phase of the implementation cycle. This test is also conducted prior to
Controlled Production and before going live in the production environment if
CLEC or Owest has implemented environment changes when moving into
production.
12.3.2 Stand-Alone Testing Environment ("SATE") - Owest's stand-
alone testing environment will take pre-order and order requests, pass them to
the stand-alone database, and return responses to CLEC during its development
and implementation of EDI. The SATE provides CLEC the opportunity to validate
its technical development efforts built via Owest documentation without the need
to schedule test times. This testing verifies CLEC's ability to send correctly
formatted EDI transactions through the EDI system edits successfully for both
new and existing releases. SATE uses test account data supplied by Owest.
Owest will make additions to the test beds and test accounts as it introduces new
OSS electronic interface capabilities, including support of new products and
services, new interface features, and functionalities. All SATE pre-order queries
and orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is optional.
12.Interoperability Testing - CLEC has the option of participating
with Owest in Interoperability testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Interoperability testing verifies CLEC's ability to send correct EDI transactions
through the EDI system edits successfully. Interoperability testing requires the
use of account information valid in Owest production systems. Allinteroperability
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pre-order queries and order transactions are subjected to the same edits as
production orders. This testing phase is optional when CLEC has conducted
Stand-Alone Testing successfully. Owest shall process pre-order transactions in
Owest's production OSS and order transactions through the business processing
layer of the EDI interfaces.
12.3.4 Controlled Production - Owest and CLEC will perform controlled
production. The controlled production process is designed to validate the ability
of CLEC to transmit EDI data that completely meets X12 standards definitions
and complies with all Owest business rules. Controlled production consists of
the controlled submission of actual CLEC production requests to the Owest
production environment. Owest treats these pre-order queries and orders as
production pre-order and order transactions. Owest and CLEC use controlled
production results to determine operational readiness. Controlled production
requires the use of valid account and order data. All certification orders are
considered to be live orders and will be provisioned.
12.If CLEC is using EDI , Owest shall provide CLEC with a pre-
allotted amount of time to complete certification of its business scenarios. Owest
will allow CLEC a reasonably sufficient amount of time during the Day and a
reasonably sufficient number of Days during the week to complete certification of
its business scenarios consistent with the CLEC's business plan. It is the sole
responsibility of CLEC to schedule an appointment with Owest for certification of
its business scenarios. CLEC must make every effort to comply with the agreed
upon dates and times scheduled for the certification of its business scenarios. If
the certification of business scenarios is delayed due to CLEC, it is the sole
responsibility of CLEC to schedule new appointments for certification of its
business scenarios. Owest will make reasonable efforts to accommodate CLEC
schedule. Conflicts in the schedule could result in certification being delayed.
a delay is due to Owest, Owest will honor CLEC's schedule through the use of
alternative hours.
12.9.4 If CLEC is using the EDI interface, CLEC must work with Owest to certify
the business scenarios that CLEC will be using in order to ensure successful transaction
processing. Owest and CLEC shall mutually agree to the business scenarios for which
CLEC requires certification. Certification will be granted for the specified release of the
EDI interface. If a CLEC is certifying multiple products or services, CLEC has the option
of certifying those products or services serially or in parallel where Technically Feasible.
12.9.4.For a new software release or upgrade, Owest will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software releases and upgrades,
Owest has implemented the testing processes set forth in Section 12.
12.3 and 12.3.4.
12.9.4.Intentionally Left Blank.
12.New releases of the EDI interface may require re-certification of some or
all business scenarios. A determination as to the need for re-certification will be made
by the Owest coordinator in conjunction with the release manager of each EDI release.
Notice of the need for re-certification will be provided to CLEC as the new release is
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implemented. The suite of re-certification test scenarios will be provided to CLEC with
the disclosure document. If a CLEC is certifying multiple products or services, CLEC
has the option of certifying those products or services serially or in parallel, where
Technically Feasible.
12.CLEC will contact the Owest EDI Implementation Coordinator to initiate
the migration process. CLEC may not need to certify to every new EDI release, however
CLEC must complete the re-certification and migration to a new EDI release within six
(6) months of the deployment of the new release. CLEC will use reasonable efforts to
provide sufficient support and personnel to ensure that issues that arise in migrating to
the new release are handled in a timely manner.
12.The following rules apply to initial development and certification
of EDI interface versions and migration to subsequent EDI interface versions:
12.Stand Alone and/or Interoperability testing must
begin on the prior release before the next release is implemented.
Otherwise, CLEC will be required to move their implementation plan to
the next release.
12.New EDI users must be certified and in production
with at least one product and one order activity type on a prior release
two months after the implementation of the next release. Otherwise
CLEC will be required to move their implementation plan to the next
release.
12.Any EDI user that has been placed into production
on the prior release not later than two months after the next release
implementation may continue certifying additional products and activities
until two months prior to the retirement of the release. To be placed into
production , the products/order activities must have been tested in the
SATE or Interoperability environment before two months after the
implementation. of the next release.
12.CLEC will be expected to execute the re-certification test cases in the
stand alone and/or Interoperability test environments. CLEC will provide Purchase
Order Numbers (PONs) of the successful test cases to Owest.
12.In addition to the testing set forth in other sections of Section 12.2.upon request by CLEC, Owest shall enter into negotiations for comprehensive
production test procedures. In the event that agreement is not reached, CLEC shall be
entitled to employ, at its choice, the dispute resolution procedures of this Agreement or
expedited resolution through request to the state Commission to resolve any differences.
In such cases, CLEC shall be entitled to testing that is reasonably necessary to
accommodate identified business plans or operations needs, accounting for any other
testing relevant to those plans or needs. As part of the resolution of such dispute, there
shall be considered the issue of assigning responsibility for the costs of such testing.
Absent a finding that the test scope and activities address issues of common interest to
the CLEC community, the costs shall 'be assigned to the CLEC requesting the test
procedures.
12.Reserved for Future Use.
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12.CLEC Support
12.10.Owest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Owest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed efficiently. This
assistance will include, but is not limited to contacts to the CLEC account team , training,
documentation , and CLEC Help Desk. Owest will also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team, training, documentation, and CLEC Help Desk.
12.10.CLEC Help Desk
12.10.The CLEC Systems Help Desk will provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.10.Connectivity covers trouble with CLEC's access to
the Owest system for hardware configuration requirements with relevance
to EDI and GUI interfaces; software configuration requirements with
relevance to EDI and GUI interfaces; modem configuration requirements,T1 configuration and dial-in string requirements firewall access
configuration, SecurlD configuration Profile Setup, and password
verification.
12.10.2.System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through EDI and GUI interfaces. These system errors are limited to:
Resale/POTS; UNE POTS; Design Services and Repair.
12.10.File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File , lABS Bill, CRIS
Summary Bill, Category 11 Report and SAG/FAM Reports.
12.10.Additional assistance to CLECs is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Owest's wholesale web
site. Owest will provide Interconnect Service Center Help Desks which will provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.Compensation/Cost Recovery
Recurring and non-recurring OSS startup charges, as applicable, will be billed at rates set forth
in Exhibit A. Any such rates will be consistent with Existing Rules. Owest shall not impose any
recurring or nonrecurring OSS startup charges unless and until the Commission approves such
rates or until such rates go into effect by operation of law.
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12.Maintenance and Repair
12.1 Service Levels
12.Owest will provide repair and maintenance for all services covered by
. this Agreement in substantially the same time and manner as that which Owest provides
for itself, its End User Customers, its Affiliates, or any other party. Owest shall provide
CLEC repair status information in substantially the same time and manner Owest
provides for its retail services.
12.During the term of this Agreement, Owest will provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Owest to itself, its End User Customers, its Affiliates, or any other
party.
12.Owest will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Owest, its End User Customers
its Affiliates , or any other party and shall be handled in a nondiscriminatory manner.
12.2 Branding
12.Owest shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, Owest shall use CLEC
provided and branded Maintenance and Repair forms. Owest may not unreasonably
interfere with branding by CLEC.
12.Except as specifically permitted by CLEC , in no event shall Owest
provide information to CLEC subscribers about CLEC or CLEC product or services.
12.This section shall confer on Owest no rights to the service marks
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3 Service Interruptions
12.The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affiliated companies, or its connecting concurring Carriers involved in its services;
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party facilities; or 4) create hazards to the
employees of either Party or to the public. Each of these requirements is hereinafter
referred to as an "Impairment of Service
12.If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
Impaired Party) shall promptly notify the Party causing the Impairment of Service (the
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Impairing Party) of the nature and location of the problem. The Impairing Party and the
Impaired Party agree to work together to attempt to promptly resolve the Impairment of
Service.
12.To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.Before either Party reports a trouble condition , it shall use its best efforts
to isolate the trouble to the other s facilities.
12.In cases where a trouble condition affects a significant portion of
the other s service, the Parties shall assign the same priority provided to other
interconnecting CLECs as itself, its End User Customers, its Affiliates, or any
other party.
12.The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Owest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Owest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Owest's network. Owest and CLEC will report trouble isolation
test results to the other. Each Party shall be responsible for the costs of performing
trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.
12.3.4.When CLEC requests that Owest perform trouble isolation with CLEC, a
Maintenance of Service charge will apply if the trouble is found to be on the End User
Customer s side of the Demarcation Point. If the trouble is on the End User Customer
side of the Demarcation Point, and the CLEC authorizes Owest to repair trouble on the
CLECs behalf, Owest will charge CLEC the appropriate Additional Labor Charge set
forth in Exhibit A in addition to the Maintenance of Service charge.
12.3.4.When CLEC elects not to perform trouble isolation and Owest performs
tests at CLEC request, a Maintenance of Service charge shall apply if the trouble is not
in Owest's facilities, including Owest's facilities leased by CLEC. Maintenance of
Service charges are set forth in Exhibit A. When trouble is found on Owest's side of the
Demarcation Point, or Point of Interface during the investigation of the initial or repeat
trouble report for the same line or circuit within thirty (30) Days, Maintenance of Service
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charges shall not apply.
12.5 Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, Owest will not
perform any maintenance of inside wire (premises wiring beyond the End User s Demarcation
Point) for CLEC or its End User Customers.
12.6 Testing/Test Requests/Coordinated Testing
12.Where CLEC does not have the ability to diagnose and isolate trouble on
a Owest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve
an End User Customer, Owest will conduct testing, to the extent testing capabilities are
available to Owest, to diagnose and isolate a trouble in substantially the same time and
manner that Owest provides for itself, its End User Customers, its Affiliates, or any other
party.
12.Prior to Owest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilizing to serve an End User Customer, Owest must
receive a trouble report from CLEC.
12.On manually reported trouble for non-designed services, Owest will
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement
Owest will provide CLEC test results upon request. For electronically reported trouble,
Owest will provide CLEC with the ability to obtain basic test results in substantially the
same time and manner that Owest provides for itself, its End User Customers, its
Affiliates , or any other party.
12.6.4 CLEC shall isolate the trouble condition to Owest's portion of the line
circuit, or service provided in this Agreement before Owest accepts a trouble report for
that line, circuit or service. Once Owest accepts the trouble report from CLEC, Owest
shall process the trouble report in substantially the same time and manner Owest does
for itself, its End User Customers, its Affiliates , or any other party.
12.Owest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
12.7 Work Center Interfaces
12.Owest and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.8 Misdirected Repair Calls
12.CLEC and Owest will employ the following procedures for handling
misdirected repair calls:
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12.CLEC and Owest will provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.End Users of CLEC shall be instructed to report all cases of
trouble to CLEC. End Users of Owest shall be instructed to report all cases of
trouble to Owest.
12.To the extent the correct provider can be determined,
misdirected repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Owest or CLEC from discussing its products and services
with CLEC's or Owest's End User Customers who call the other Party seeking
such information.
12.1.4 CLEC and Owest will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.In responding to repair calls, CLEC's End User Customers
contacting Owest in error will be instructed to contact CLEC; and Owest's End
User Customers contacting CLEC in error will be instructed to contact Owest. In
responding to calls , neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party will be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Owest
or CLEC from discussing its products and services with CLEC's or Owest's End
User Customers who call the other Party seeking such information.
12.9 Major Outages/Restoral/Notification
12.Owest will notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification will be via e-mail to CLEC's identified contact. With the
minor exception of certain proprietary information such as Customer information, Owest
will utilize the same thresholds and processes for external notification as it does for
internal purposes. This major outage information will be sent via e-mail on the same
schedule as is provided internally within Owest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date
abnormal condition updates, and final disposition. Service restoration will be non-
discriminatory, and will be accomplished as quickly as possible according to Owest
and/or industry standards.
12.Owest will meet with associated personnel from CLEC to share contact
information and review Owest's outage restoral processes and notification processes.
12.Owest's emergency restoration process operates on a 7X24 basis.
12.Protective Maintenance
12.10.Owest will perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affiliates , or any
other party.
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12.10.Owest will work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible of pending maintenance activity.
Owest shall provide notice of potentially CLEC Customer impacting maintenance
activity, to the extent Owest can determine such impact, and negotiate mutually
agreeable dates with CLEC in substantially the same time and manner as it does for
itself, its End User Customers, its Affiliates, or any other party.
12.10.Owest shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by Owest on any Services,
including, to the extent Owest can determine, any hardware, equipment, software, or
system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. Owest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible , under the circumstances; provided
however, that Owest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
Hours of Coverage12.
12.11.Owest's repair operation is seven (7) Days a week, twenty-four (24)
hours a day. Not all functions or locations are covered with scheduled employees on a
7X24 basis. Where such 7X24 coverage is not available , Owest's repair operations
center (always available 7X24) can call-out technicians or other personnel required for
the identified situation.
12.Escalations
12.12.Owest will provide trouble escalation procedures to CLEC. Such
procedures will be substantially the same type and quality as Owest employs for itself
its End User Customers, its Affiliates, or any other party. Owest escalations are manual
processes.
12.12.Owest repair escalations may be initiated by either calling the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation
point is the tester. CLEC may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces.
12.12.Owest shall handle chronic troubles on non-designed services, which are
those greater than 3 troubles in a rolling thirty (30) Day period, pursuant to Section
12.2.2.
12.Dispatch
12.13.Owest will provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or
any other party.
12.13.Upon the receipt of a trouble report from CLEC, Owest will follow internal
processes and industry standards, to resolve the repair condition. Owest will dispatch
repair personnel on occasion to repair the condition. It will be Owest's decision whether
or not to send a technician out on a dispatch. Owest reserves the right to make this
dispatch decision based on the best information available to it in the trouble resolution
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process. It is not always necessary to dispatch to resolve trouble; should CLEC require
a dispatch when Owest believes the dispatch is not necessary, appropriate charges will
be billed by Owest to CLEC for those dispatch-related costs in accordance with Exhibit A
if Owest can demonstrate that the dispatch was in fact unnecessary to the clearance of
trouble or the trouble is identified to be caused by CLEC facilities or equipment.
12.13.For POTS lines and designed service circuits, Owest is responsible for
all maintenance and repair of the line or circuit and will make the determination to
dispatch to locations other than the CLEC Customer premises without prior CLEC
authorization. For dispatch to the CLEC Customer premises Owest shall obtain prior
CLEC authorization with the exception of major outage restoration cable
rearrangements, and MTE terminal maintenance/replacement.
12.13.4 Intentionally Left Blank.
12.Electronic Reporting
12.14.CLEC may submit Trouble Reports through the Electronic Bonding or
GUI interfaces provided by Owest.
12.14.The status of manually reported trouble may be accessed by CLEC
through electronic interfaces.
12.Intervals/Parity
12.15.Similar trouble conditions, whether reported on behalf of Owest End
User Customers or on behalf of CLEC End User Customers, will receive commitment
intervals in substantially the same time and manner as Owest provides for itself, its End
User Customers, its Affiliates, or any other party.
12.Jeopardy Management
12.16.Owest will notify CLEC, in substantially the same time and manner as
Owest provides this information to itself, its End User Customers, its Affiliates, or any
other party, that a trouble report commitment (appointment or interval) has been or is
likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone Owest repair center or use the electronic
interfaces to obtain jeopardy status.
12.Trouble Screening
12.17.CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to Owest only trouble
reports that involve Owest facilities. For services and facilities where the capability to
test all or portions of the Owest network service or facility rest with Owest, Owest will
make such capability available to CLEC to perform appropriate trouble isolation and
screening.
12.17.Owest will cooperate with CLEC to show CLEC how Owest screens
trouble conditions in its own centers, so that CLEC may employ similar techniques in its
centers.
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12.Maintenance Standards
12.18.Owest will cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.18.On manually-reported trouble, Owest will inform CLEC of repair
completion in substantially the same time and manner as Owest provides to itself, its
End User Customers, its Affiliates, or any other party. On electronically reported trouble
reports the electronic system will automatically update status information , including
trouble completion, across the joint electronic gateway as the status changes.
12.End User Interface Responsibilities
12.19.CLEC will be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.19.All Owest employees who perform repair service for CLEC End User
Customers will be trained in non-discriminatory behavior.
12.19.Owest will recognize the designated CLEC/DLEC as the Customer of
record for all services ordered by CLEC/DLEC and will send all notices, invoices and
pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided
in this Agreement, Customer of record shall be Owest's single and sole point of contact
for all CLEC/DLEC Customers.
12.Repair Call Handling
12.20.Manually-reported repair calls by CLEC to Owest will be answered with
the same quality and speed as Owest answers calls from its own End Users Customers.
12.Single Point of Contact
12.21.Owest will provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven days a week, twenty-four hours a day. A
single 7X24 trouble reporting telephone number will be provided to CLEC for each
category of trouble situation being encountered.
12.Network Information
12.22.Owest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Owest's NPAs, LATAs, Access
Tandems and Central Offices.
12.22.This database is known as the ICONN database, available toCLEC via
Owest's Web site.
12.22.
database.
CPNI information and NXX activity reports are also included in this
12.22.4 ICONN data is updated in substantially the same time and manner as
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Owest updates the same data for itself, its End User Customers, its Affiliates, or any
other party.
12.Maintenance Windows
12.23.Generally, Owest performs major Switch maintenance activities off-
hours, during certain "maintenance windows Major Switch maintenance activities
include Switch conversions, Switch generic upgrades and Switch equipment additions.
12.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.
Mountain Time. Although Owest normally does major Switch maintenance during the
above maintenance window, there will be occasions where this will not be possible.
Owest will provide notification of any and all maintenance activities that may impact
CLEC ordering practices such as embargoes, moratoriums , and quiet periods in
substantially the same time and manner as Owest provides this information to itself, its
End User Customers , its Affiliates, or any other party.
12.3.23.Reserved for Future Use.
12.23.4 Planned generic upgrades to Owest Switches are included in the ICONN
database, available to CLEC via Owest's Web site.
12.Switch and Frame Conversion Service Order Practices
12.24.Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch software or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.24.Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch ports terminate.
12.24.Conversion Date. The "Conversion Date" is a Switch or frame
conversion planned day of cut-over to the replacement frame(s) or Switch. The actual
conversion time typically is set for midnight of the Conversion Date. This may cause the
actual Conversion Date to migrate into the early hours of the day after the planned
Conversion Date.
12.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the Switch or frame trunk-side facility connections are frozen to facilitate
conversion from one Switch or frame to another with minimal disruption to the End User
Customer or CLEC services. During the embargo period, Owest will reject orders for
trunk-side facilities (see Section 12.24.4.1) other than conversion orders described in
Section 12.24.4.3. Notwithstanding the foregoing and to the extent Owest provisions
trunk or trunk facility related service orders for itself, its End User Customers, its
Affiliates, or any other party during embargoes, Owest shall provide CLEC the same
capabilities.
12.24.4.ASRs for Switch or frame trunk-side facility augments to
capacity or changes to Switch or frame trunk-side facilities must be issued by
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CLEC with a Due Date prior to or after the appropriate embargo interval as
identified in the ICONN database. Owest shall reject Switch or frame trunk-side
ASRs to augment capacity or change facilities issued by CLEC or Owest, its End
User Customers , its Affiliates or any other party during the embargo period
regardless of the order s Due Date except for conversion ASRs described in
Section 12.24.4.
12.24.4.For Switch and trunk-side frame conversions, Owest shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) days before the Conversion Date.
12.24.4.For Switch and trunk-side frame conversions, CLEC shall issue
facility conversion ASRs to Owest no later than thirty (30) days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (Le., change of AMI to B8ZS).
12.24.Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-like basis, such embargo period
shall extend from thirty (30) days prior to the Conversion Date until 5 days after the
Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (Le., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from 60 days prior to the
Conversion Date until 5 days after the Conversion Date. Prior to instituting an embargo
period , Owest shall identify the particular dates and locations for frame conversion
embargo periods in its ICONN database in substantially the same time and manner as
Owest notifies itself, its End User Customers, Affiliates, or any other party.
12.24.Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with
the trunk side of the Switch. For conversion of trunks where CLEC mirrors their existing
circuit design from the old Switch to the new Switch on a like-for-like basis , such
embargo period shall extend from thirty (30) days prior to the Conversion Date until five
(5) days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch , new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) days prior to the Conversion
Date until five (5) days after the Conversion Date. Prior to instituting an embargo period
Owest shall identify the particular dates and locations for Switch conversion embargo
periods in its ICONN database in substantially the same time and manner as Owest
notifies itself, its End User Customers, Affiliates , or any other party.
12.24.Switch and Frame Conversion Ouiet Periods for LSRs. Switch and
frame conversion quiet periods are the time period within which LSRs may not contain
Due Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders , record orders , Billing change orders for non-switched products
and emergency orders.
12.24.LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
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operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods will be handled
as set forth below, with the understanding that Owest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Owest uses for itself, its End User
Customers, its Affiliates, or any other party.
12.24.The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.24.7 are processed for the
affected location, extends from five (5) days prior to conversion until two (2) days
after the conversion and is identified in the ICONN database.
12.24.The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.24.7 are processed or the
affected location, extends from five (5) days prior to conversion until two (2) days
after the conversion.
12.24.7.4 LSRs, except those requesting order activity described in
12.24., (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. LSRs that do not
meet these requirements will be rejected by Owest.
12.24.LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, will be processed after the quiet
period expires.
12.24.CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
be handled as emergency orders by Owest.
12.24.CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Owest.
12.24.In the event that CLEC End User Customer service is
disconnected in error, Owest will restore service in substantially the same time
and manner as Owest does for itself, its End User Customers, its Affiliates, or
any other party. Restoration of CLEC End User Customer service will be
handled through the LNP escalations process.
12.24.Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above.
such generic Switch or software upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. Owest shall
implement service order embargoes and/or quiet periods during Switch upgrades in
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substantially the same time and manner as Owest does for itself, its End User
Customers, its Affiliates, and any other party.
12.24.Switch Line and Trunk Hardware Additions. Owest shall use its best
efforts to minimize CLEC service order impacts due to hardware additions and
modifications to Owest's existing Switches. Owest shall provide CLEC substantially the
same service order processing capabilities as Owest provides itself, its End User
Customers, Affiliates, or any other party during such Switch hardware additions.
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Section 13
Access to Telephone Numbers
Section 13.0 - ACCESS TO TELEPHONE NUMBERS
13.Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party s right to request an assignment of any NANP number resources.
including, but not limited to Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with Industry guidelines and Commission rules
including those sections requiring the accurate reporting of data to the NANPA.
13.It shall be the responsibility of each Party to program and update its own Switches
. and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is
responsible for updating the LERG data for NXX codes assigned to its Switches. Each Party
shall use the LERG published by Telcordia or its successor for obtaining routing information and
shall provide through an authorized LERG input agent, all required information regarding its
network for maintaining the LERG in a timely manner.
13.Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction ofnew NPAs.
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Section 14.0 - LOCAL DIALING PARITY
Section 14
Local Dialing Parity
14.The Parties shall provide local Dialing Parity to each other as required under
Section 251 (b )(3) of the Act. Owest will provide local Dialing Parity to competing providers of
telephone Exchange Service and telephone toll service, and will permit all such providers to
have non-discriminatory access to telephone numbers, operator services, Directory Assistance
and directory listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as Owest routes its End User Customers' calls
for a given call type (e., 0, 0+, 1+411), or CLEC may elect to custom route its End User
Customers' calls differently than Owest routes its End User Customer s calls. Additional termsand conditions with respect to customized routing are described in Sections 9.12 of this
Agreement. Customized Routing may be ordered as an application with Resale or Unbundled
Local Switching.
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Section 15
Qwest Dex
Section 15.0 - Qwest Dex
15.Owest and CLEC agree that certain issues outside the provision of basic white
page directory listings, such as yellow pages advertising, yellow pages listings, directory
coverage access to call guide pages (phone service pages), applicable listings criteria, white
page enhancements and publication schedules will be the subject of negotiations between
CLEC and directory publishers, including Owest Dex. Owest acknowledges that CLEC may
request Owest to facilitate discussions between CLEC and Owest Dex.
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Section 16
Referral Announcement
Section 16.0 - REFERRAL ANNOUNCEMENT
16.When an End User changes from Owest to CLEC, or from CLEC to Owest, and
does not retain its original main/listed telephone number, the Party formerly providing service to
the End User will provide a transfer of service announcement on the abandoned telephonenumber. Each Party will provide this referral service consistent with its Tariff. This
announcement will provide details on the new number that must be dialed to reach the End
User.
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Section 17
Bona Fide Request Process
Section 17.0 - BONA FIDE REQUEST PROCESS
17.Any request for Interconnection or access to an Unbundled Network Element or
ancillary service that is not already available as described in other sections of this Agreement,
including but not limited to Exhibit F or any other Interconnection Agreement, Tariff or otherwise
defined by Owest as a product or service shall be treated as a BFR. Owest shall use the BFR
Process to determine the terms and timetable for providing the requested Interconnection
access to UNEs or ancillary services, and the technical feasibility of new/different points of
Interconnection. Owest will administer the BFR Process in a non-discriminatory manner.
17.A BFR shall be submitted in writing and on the appropriate Owest form for BFRs.
CLEC and Owest may work together to prepare the BFR form and either Party may request that
such coordination be handled on an expedited basis. This form shall be accompanied by the
processing fee specified in Exhibit A of this Agreement. Owest will refund one-half (1/2) of the
processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR
form. The form will request, and CLEC will need to provide, the following information, and may
also provide any additional information that may be reasonably necessary in describing and
analyzing CLEC's request:
17.technical description of each requested Network Element or
new/different points of Interconnection or ancillary services;
17.the desired interface specification;
17.each requested typeof Interconnection or access;
17.2.4 a statement that the Interconnection or Network Element or ancillary
service will be used to provide a Telecommunications Service;
17.the quantity requested;
17.the specific location requested;
17.Intentionally Left Blank.
17.Intentionally Left Blank.
17.Within two (2) business days of its receipt, Owest shall acknowledge receipt of the
BFR and in such acknowledgment advise CLEC of missing information , if any, necessary to
process the BFR. Thereafter, Owest shall promptly advise CLEC of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Owest will provide weekly updates on the status of the BFR.
17.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Owest shall provide to CLEC an analysis of the BFR. The analysis
shall specify Owest's conclusions as to whether or not the requested Interconnection or access
to an Unbundled Network Element complies with the unbundling requirements of the Act or
state law.
17.If Owest determines during the twenty-one (21) day period that a BFR does not
qualify as an Unbundled Network Element or Interconnection or ancillary service that is required
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to be provided under the Act or state law, Owest shall advise CLEC as soon as reasonably
possible of that fact, and Olivest shall promptly, but in no case later than the twenty-one (21)
period, provide a written report setting forth the basis for its conclusion.
17.If Owest determines during such twenty-one (21) day period that the BFR qualifies
under the Act or state law, it shall notify CLEC in writing of such determination within ten (10)
calendar Days, but in no case later than the end of such twenty-one (21) day period.
17.As soon as feasible, but in any case within forty-five (45) calendar Days after
Owest notifies CLEC that the BFR qualifies under the Act, Owest shall provide to CLEC a BFR
quote. The BFR quote will include, at a minimum , a description of each Interconnection
Network Element, and ancillary service, the quantity to be provided, any interface specifications,and the applicable rates (recurring and nonrecurring) including the separately stated
development costs and construction charges of the Interconnection, Unbundled Network
Element or ancillary service and any minimum volume and term commitments required , and the
timeframes the request will be provisioned.
17.CLEC has sixty (60) business days upon receipt of the BFR quote, to either agree
to purchase under the quoted price, or cancel its BFR.
17.If CLEC has agreed to minimum volume and term commitments under the
preceding paragraph, CLEC may cancel the BFR or volume and term commitment at any time
but may be subject to termination liability assessment or minimum period charges.
17.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is. not over.
17.12 In the event CLEC has submitted a Request for an Interconnection , Unbundled
Network Elements or any combinations thereof, or ancillary services and Owest determines in
accordance with the provisions of this Section 17 that the request is Technically Feasible,
subsequent requests or orders for substantially similar types of Interconnection, Unbundled
Network Elements or combinations thereof or ancillary services by that CLEC shall not be
subject to the BFR process. To the extent Owest has deployed or denied a substantially similar
Interconnection, Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Owest may only require CLEC to complete a New Product
Ouestionnaire before ordering such Interconnection , Unbundled Network Elements or
combinations thereof, or ancillary services. 1GB pricing and intervals will still apply for requests
that are not yet standard offerings. For purposes of this Section 17., a "substantially similar
request shall be one with substantially similar characteristics to a previous request with respect
to the information provided pursuant to Subsections 17.1 through 17.8 of Section 17.
above. The burden of proof is upon Owest to prove the BFR is not substantially similar to a
previous BFR.
17.The total cost charged to CLEC shall not exceed the BFR quoted price.
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17.14 Upon request, Owest shall provide CLEC with Owest's supporting cost data
and/or studies for the Interconnection , Unbundled Network Element or ancillary service that
CLEC wishes to order within seven (7) business days, except where Owest cannot obtain a
release from its vendors within seven (7) business days, in which case Owest will make the data
available as soon as Owest receives the vendor release. Such cost data shall be treated as
Confidential Information, if requested by Owest under the non-disclosure sections of this
Agreement.
17.15 Owest shall make available a topical list of the BFRs that it has received with
CLEC under this Agreement. The description of each item on that list shall be sufficient to allow
CLEC to understand the general nature of the product, service, or combination thereof that has
been requested and a summary of the disposition of the request as soon as it is made. Owest
shall also be required upon the request of a CLEC to provide sufficient details about the terms
and conditions of any granted requests to allow a CLEC to take the same offering under
substantially identical circumstances. Owest shall not be required to provide information about
the request initially made by the CLEC whose BFR was granted , but must make available the
same kinds of information about what it offered in response to the BFR as it does for other
products or services available under this Agreement. A CLEC shall be entitled to the same
offering terms and conditions made under any granted BFR, provided that Owest may require
the use of 1GB pricing where it makes a demonstration to the CLEC of the need therefore.
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Section 18
Audit Process
Section 18.0 - AUDIT PROCESS
18.Nothing in this Section 18 shall limit or expand the audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1 "Audit" shall mean the comprehensive review of the books, records, and
other documents used in the Billing process for services performed, including, without
limitation, reciprocal compensation and facilities provided under this Agreement.
18.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
This Audit shall take place under the following conditions:18.
18.Either Party may request to perform an Audit or Examination.
18.The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
18.The Audit or Examination shall occur during normal business hours.
However, such audit will be conducted in a commercially reasonable manner and both
Parties will work to minimize disruption to the business operations of the Party beingaudited.
18.2.4 There shall be no more than two Audits requested. by each Party under
this Agreement in any 12-month period. Either Party may audit the other Party's books
records and documents more frequently than twice in any twelve (12) month period (but
no more than once in each quarter) if the immediately preceding audit found previously
uncorrected net variances, inaccuracies or errors in invoices in the audited Party s favor
with an aggregate value of at least two percent (2%) of the amounts payable for theaffected services during the period covered by the Audit.
18.The requesting Party may review the non-requesting Party s records
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.All transactions under this Agreement which are over twenty-four (24)
months old will be considered accepted and no longer subject to Audit. The Parties
agree to retain records of all transactions under this Agreement for at least 24 months.
18.Audit or Examination Expenses.
18.Each Party shall bear its own expenses in connection with
conduct of -the Audit or Examination. The requesting Party will pay for the
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reasonable cost of special data extractions required by the Party to conduct the
Audit or Examination. For purposes of this section, a "Special Data Extraction
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Party s specification and at that Party s expense, the
requesting Party will specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.Notwithstanding the foregoing, the audited Party shall pay all of
the Auditing Party s commercially reasonable expenses in the event an Audit or
Examination identifies a difference between the amount billed and the amount
determined by the Audit that exceeds five percent (5%) of the amount billed and
results in a refund and/or reduction in the Billing to the auditing Party.
18.The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement will not be unreasonably
withheld or delayed by the non-requesting Party. Under this circumstance, the costs of
the independent auditor shall be paid for by the Party requesting the Audit subject to
Section 18.
18.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance , the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the Auditing
Party shall be borne by the Audited Party if the terms of Section 18.2 are satisfied.
18.11 Adjustments, credits or payments will be made and any corrective action
must commence within thirty (30) days after the Parties receipt of the final audit report to
compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirty (30) business days after completion of the Audit or
Examination, they may be resolved at either Party's election, pursuant to the Dispute
Resolution Process: (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or
Examination have not been made, or (iii) a dispute has arisen concerning the Audit or
Examination.
18.12 Neither the right to examine and audit nor the right to receive an
adjustment will be affected by any statement to the contrary appearing on checks or
otherwise.
18.13 This Section will survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non-requesting Party.
To the extent an Audit involves access to information of other competitors, CLEC and Owest will
aggregate such competitors' data before release to the other Party, to insure the protection of
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the proprietary nature of information of other competitors. To the extent a competitor is an
Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such Affiliates' disaggregated data, as required by reasonable needs of the
Audit. Information provided in an Audit or Examination may only be reviewed by individuals with
a need to know such information for purposes of this Section 18 and who are bound by the
nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information
be shared with the Parties' retail marketing, sales or strategic planning.
18.Either Party may request an Audit of the other Party s compliance with
this Agreement's measures and requirements applicable to limitations on the distribution
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years unless cause is shown to support a specifically requested
audit that would otherwise violate this frequency restriction. Examinations will not be
permitted in connection with investigating or testing such compliance. Other provisions
of this Section that are not inconsistent herewith shall apply, except that in the case of
audits, the Party to be audited may also request the use of an independent auditor.
September 13, 2006/ccd/ID
QwestlMCI Negotiated Agreement
CDS -060830-0001 - 266 -
Section 19
Construction Charges
Section 19.0 - CONSTRUCTION CHARGES
19.All rates , charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, Owest will consider requests to
build additional or further facilities for network Interconnection and access to Unbundled Loops
or ancillary services , as described in the applicable section of this Agreement.
19.All necessary construction will be undertaken at the discretion of Owest,
consistent with budgetary responsibilities, consideration for the impact on the general body of
End Users and without discrimination among the various carriers.
.19.A quote for CLEC's portion of a specific job will be provided to CLEC. The quote
will be in writing and will be binding for ninety (90) business days after the issue date. When
accepted, CLEC will be billed the quoted price and construction will commence after receipt of
payment. If CLEC chooses not to have Owest construct the facilities, Owest reserves the right
to bill CLEC for the expense incurred for producing the engineered job design.19.4 In the event a construction charge is applicable, CLEC's service Application Date
will become the date upon which Owest receives the required payment.
September 13, 2006/ccd/lD
QwestlMCI Negotiated Agreement
CDS -060830-0001 - 267 -
Section 20
Service Performance
Section 20.0 - SERVICE PERFORMANCE
Performance Indicator Definitions (PIDs), in their current form as developed by the Regional
Oversight Committee, are included in Exhibit B of this Agreement. Subsequent changes to
these PIDs that are made by the Regional Oversight Committee shall be incorporated into
Exhibit B by reference. Modifications of PIDs that apply to the Owest Performance Assurance
Plan (OPAP) shall be made in accordance with Section 16.0 of Exhibit K.
September 13, 2006/ccd/lD
QwestlMCI Negotiated Agreement
CDS -060830-0001 - 268 -
Section 21
Network Standards
Section 21.0 - NETWORK STANDARDS
21.The Parties recognize that Owest services and network elements have been
purchased and deployed, over time, to Telcordia and Owest technical standards. Specification
of standards is built into the Owest purchasing process, whereby vendors incorporate such
standards' into the equipment Owest purchases. Owest supplements generally held industry
standards with Owest Technical Publications.
21.The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to persons or property.
21.Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
21.Switching
GR-954-CORE LlDB
GR-2863-CORE AIN
GR-1428-CORE Toll Free Service
GR-1432-CORE TCAP
GR-905-CORE ISUP
GR-1357-CORE Switched Fractional DS1
GR-1298-CORE AIN Switching System Generic Requirements
GR-1299-CORE AIN Service Control Point Adjunct Interface Generic
Requirements
TR-NWT-001284 AIN 0.1 Switching System Generic Requirements
GR-905-CORE Common Channel Signaling Network Interface Specification
GR-1432-CORE CCS Network Interface Specification
Telcordia TR-TSY-000540, Issue 2R2
GR-305-CORE
GR-1429-CORE
GR-2863-CORE
September 13, 2006/ccd/ID
QwestlMCI Negotiated Agreement
CDS -060830-0001 - 269 -
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