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Home My WebLink About20070227Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 nEC;F" Maura E. Peterson Paralegal Regulatory Law '-1 F\\ 3: Oi'l.\j\11tCBLI '0 \L \ IC " I \J (~:) !;-\\'\\;' \ \:3 S \ \ ) , ,rn\J\k.;) \..1-Qwest. Spirit of Service Via Overnight delivery February 26, 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-06- Application for Approval of Amendment to the Interconnection Agreement MCImetro Access Transmission Services LLC Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. assistance in this m Sincerely, \ mil \ \, 'ltJV \L./'-~a E. Pet son . Thank you for your mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr(fYq west. com n;::Gr~' In"- ,.. uui '- ... , . v(... ""(1'I I ,), u~ If" Ii '1../ j I ~;I(S::fj lisle, BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.c. ~252(e) CASE NO.: QWE- T -06- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on February 1 , 2007 (the "Agreement"). The Amendment with MCImetro Access Transmission Services LLC ("MCImetro ) is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State ofIdaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable MCImetro APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page I MCImetro Access Transmission Services LLC Amendment for TRRO to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Amendment without a hearing. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this ?iJ~day of February, 2007. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 MCImetro Access Transmission Services LLC Amendment for TRRO CERTIFICATE OF SERVICE I hereby certify that on this ~-fv\ day of February 2007, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 i i ewell(fYpuc. state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email MCImetro Chief Network Counsel Attn: Robert A. Peterson 1133 19th Street Northwest Washington, DC 20036 Hand Delivery U. S. Mail Overnight Delivery Facsimile L, -- Maura Peterson Paralegal, Qwest Corporation APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 MCImetro Access Transmission Services LLC Amendment for TRRO Triennial Review Order and Triennial Review Remand Order ~1 c' , ' " TROITRRO") Amendment '" i-- ' ,- to the Interconnection Agreement between Qwest Corporation and \iYJiC., F :~I \):~ ... (- MClmetro Access Transmission Services LLC UT\l\T\!::;3 U...ii'/iJJi\0Slufor the State of Idaho 7JJDiFEG27 PH 3:0::1 This is an Amendment ("Amendment") to incorporate the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the Interconnection Agreement between Qwest Corporation ("Qwest"), formerly known as US WEST Communications, Inc., a Colorado corporation , and MClmetro Access Transmission Services LLC ("CLEC" ). CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement (such Interconnection Agreement, as amended to date, being referred to herein as the "Agreement") for services in the state of Idaho which was submitted for approval to the Idaho Public Utilities Commission Commission ); and WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and regulations pertaining to, among other things, the availability of unbundled network elements UNEs ) pursuant to Section 251(c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the Matter of Review of the Section 251 Unbundling Obligations Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147 , (effective October , 2003) ("TRO"); and WHEREAS, on February 4, 2005, the FCC released the Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand (Triennial Review Remand Order)(FCC 04-290) ("TRRO"), effective March 11 , 2005 , which further modified the rules governing Qwest's obligation to make certain UNEs available under Section 251 (c)(3) of the Act; and WHEREAS , the TRO and TRRO Decision , individually and together ("Decisions ) materially modify Qwest'obligations under the Act with respect to, among other things, Qwest's requirement to offer certain UNEs; and WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions hereby agree to do so under the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. Amendment Terms. To the extent applicable, the Agreement is hereby amended by deleting certain UNEs or by changing or adding terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference. November 17/ccd/MClmetro/lD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd II.Limitations. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Decisions , nor rules , regulations, interpretations , and appeals thereof, including but not limited to state rules, regulations, and laws as they may be issued or promulgated regarding the same. Nothing in this Amendment shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of Decisions or concerning whether the Decisions should be changed, vacated, dismissed, stayed or modified. The Parties agree that if the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state rules (including orders in any generic arbitration of TRO/TRRO issues applicable to all CLECs or in a bilateral arbitration between Qwest and CLEC under Sections 251/252 of the Act), regulations, and laws, as of March 11 2005 (the Existing Rules) addressing the subject matter of this Amendment are vacated, dismissed, stayed or materially changed or modified then the Agreement will be amended to reflect such legally binding modification or change of the Existing Rules by either Party seeking an amendment pursuant to the requirements of Section 2.2 of the Agreement. As provided in the Agreement, "legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation has passed. III.Conflicts. In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this Amendment shall control, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement shall not be interpreted as, or deemed a grounds for finding, a conflict for purposes of this Section III. IV.Scope. This Amendment shall amend, modify and revise the Agreement only to the extent the UNEs listed in Attachment 1 are included in the Agreement and , except to the extent set forth in Section I and Section II of this Amendment, the terms and provisions of the Agreement shall remain in full force and effect after the execution date. Effective Date. This Amendment shall be deemed effective upon approval by the Commission , except where the change of law provision in CLEC's Interconnection Agreement specifies a different effective date. The Parties agree to implement the provisions of this Amendment upon execution execution date VI.Further Amendments. The provisions of this Amendment, including the provisions of this sentence , may not be amended , modified or supplemented , and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both Parties authorized representative. No waiver by any Party of any default, misrepresentation , or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd VII.Entire Agreement. The Agreement as amended (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended and supersedes any prior understandings , agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects of the Agreement as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. MClmetro Access Transmission Services LLC sTgnatu e Peter H. Reynolds Name Printed/Typed D /rdDr Qwest Corporation -i dJ J_ -=- Signature L.T. Christensen Name Printed/Typed y?-CD/ Date Director- Interconnection Agreements Title t/?tjo7Date Title November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Table of Contents RECITALS........... ......... ....................................................................................... 1 TABLE OF CONTENTS ............................................................................................ 0 DEFINITIONS............................................................................................... UNBUNDLED NETWORK ELEMENTS (UNE) GENERAL..................................... 7 UNBUNDLED Loop .................................................................................... UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... UNBUNDLED LOCAL SWITCHING ................................................................. UNBUNDLED NETWORK ELEMENT COMBINATIONS....................................... 20 COMMINGLING .......................................................................................... RATCHETING ............................................................................................ 22 ROUTINE NETWORK MODIFICATIONS .......................................................... November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Definitions Business Line" means a Owest-owned switched access line used to serve a business customer, whether by Owest itself or by CLEC that leases the line from Owest. The number Business Lines in a Wire Center shall equal the sum of all Owest business switched access lines , plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements Business Line tallies (1) shall include only those access lines connecting End User Customers with Owest end-offices for switched services; (2) shall not include non-switched special access - lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the combination of an Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such facilities or services. Commingle" means the act of Commingling. Dark Fiber" is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Dedicated Transport" is Owest transmission facilities between wire centers or switches owned by Owest, or between wire centers or switches owned by Owest and switches owned by requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn- capacity level services, as well as dark fiber, dedicated to a particular customer or carrier. Fiber-based Collocator" means any carrier, unaffiliated with Owest, that maintains a Collocation arrangement in a Owest Wire Center, with active electrical power supply, and operates a fiber- optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the Owest Wire Center premises; and (3) is owned by a party other than Owest or any affiliate of Owest, except as set forth in this paragraph. Dark fiber obtained from Owest on an indefeasible right of use basis shall be treated as non-Owest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this paragraph, the term "affiliate" is defined by 47 U.C. ~ 153(1) and any relevant interpretation in this Title. Interexchange Service" means telecommunications service between stations in different exchange areas. Cf. Modification of Final Judgment, ~ IV(K), reprinted in United States v. Am. Tel. Tel. Co., 552 F. Supp. 131 , 229 (D. D.C. 1982) (defining "interexchange telecommunications" as "telecommunications between a point or points located in one exchange telecommunications area and a point or points located in one or more other exchange areas or a point outside an exchange area Long Distance Service" (see "Interexchange Service November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Mobile Wireless Service" means all mobile wireless telecommunications services, including commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone service and offshore radiotelephone services, as well as mobile telephony services, such as the service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses. Non-impaired Wire Center" - A Non-impaired Wire Center is a Wire Center that meets the loop thresholds identified in CFR 47 ~51.319(a)(4)(i) for DS1 Loops and ~51.319(a)(5)(i) for DS3 Loops. Non-impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in ~51.319(e)(3) and subject to the limitations of ~51.319(e)(2)(ii)(A) for DS1 Dedicated Transport, ~51.319(e)(2)(iii)(A) for DS3 Dedicated Transport and ~51.319(e)(2)(iv)(A) for Dark Fiber Transport. Route" is a transmission path between one of Qwest's Wire Centers or switches and another of Qwest's Wire Centers or Switches. A Route between two (2) points (e., Wire Center or Switch A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers or Switches (e., Wire Center or Switch "). Transmission paths between identical end points (e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route, irrespective of whether they pass through the same intermediate Wire Centers or Switches, if any. Triennial Review Remand Order" The Triennial Review Remand Order is the Commission Order on Remand in CC Docket Nos. 01-338 and 04-313 (released February 4 2005). Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC as a Network Element to which Qwest is obligated under Section 251(c)(3) of the Act to provide unbundled access or for which unbundled access is provided under CLEC's Agreement and under this Amendment. Unbundled Network Elements do not include those Network Elements Qwest is obligated to provide only pursuant to Section 271 of the Act. Wire center" A wire center is the location of a Qwest local Switching facility containing one or more central offices, as defined in the Appendix to part 36 of this chapter. The wire center boundaries define the area in which all customers served by a given wire center are located. Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four Fiber-based Collocators, at least 38 000 Business Lines, or both. Tier 1 Wire Centers also are those Qwest tandem Switching locations that have no line-side Switching facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center. Tier 2 Wire Centers" means those Qwest Wire Centers that are not Tier 1 Wire Centers, but contain at least 3 Fiber-based Collocators, at least 24 000 Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center. Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers. November 17/ccd/MClmetro/lD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Unbundled Network Elements (UNE) General 1 CLEC'Interconnection Agreement may include terms and conditions for certain Network Elements that awest is no longer required to offer on an unbundled basis pursuant to Section 251 of the Act. The FCC determined in its Decisions, that certain Unbundled Network Elements no longer satisfy the FCC's impairment test, and as a result, awest is no longer obligated to offer to CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the Act. The FCC also modified certain Terms and Conditions for other Unbundled Network Elements. As of the execution date of this Amendment, CLEC shall not order, and awest will not provide, the following Network Elements on an unbundled basis pursuant to Section 251 of the Act: Unbundled Loops Certain DS1 Loops subject to the requirements of Section 3.0 following Certain DS3 Loops subject to the requirements of Section 3.0 following DCn Loops FTTH & FTTC Loops subject to the requirements of Section 3.1.4 following Dark Fiber Loops subject to the requirements of Section 3.3 following Hybrid Loops (non-copper distribution Loops) except as identified in Section 3.5 following Line Sharing Feeder -Sub-Loop Shared Distribution Loops Transport UDIT (Extended Unbundled Dedicated Interoffice Transport); Transport from a CLEC's Premises to a awest Wire Center; UDF (Extended Unbundled Dark Fiber); Transport from a CLEC' Premises to a awest Wire Center; DCn UDIT; including Remote Node/Remote Port and SDNET add/drop multiplexing UDIT and UDF as a part of a Meet-Point arrangement; Certain DS1 Transport (UDIT) subject to the requirements of Section 4. November 17/ced/MCI metro/l Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 following Certain DS3 Transport (UDIT) subject to the requirements of Section 4. following Certain Dark Fiber Transport (UDF-IOF) subject to the requirements of Section 4.8 following Multiplexing associated with UDIT and Loop/Mux Combo Unbundled Switching Packet Switching Tandem Switching Mass Market Switching, including UNE-P and related services as identified in Section 2. Enterprise Local Switching, including UNE-P and related services as identified in Section 2. Signaling Networks (stand alone) 1 Related services Transition Customized Routing Signaling AIN Database Services Line Information Database (LlDB) 8XX Database Services InterNetwork Calling Name (ICNAM) Local Number Portability (LNP) Database Shared Transport 2.4.1 CLEC represents that as of the effective date of this amendment, CLEC has not purchased and does not have any of the UNEs described above in place. Intentionally Left Blank 2.4 UNEs shall be obtained solely for the provision of Telecommunications Services and only to the extent allowed by law. UNEs shall only be obtained for the provision of Telecommunications Services , which do not include telecommunications utilized by CLEC for its own administrative use. CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or Interexchange Services. November 17/ccd/MClmetro/lD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 If CLEC accesses and uses a UNE consistently with Sections 2.4, 2.5 and 2., CLEC may provide any Telecommunications Services over the same UNE. To submit an order to obtain a high-capacity loop or transport UNE CLEC must undertake a reasonably diligent inquiry and, based on that inquiry, self-certify that, to the best of its knowledge, its request is consistent with the requirements discussed in parts IV, V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular network elements sought pursuant to section 251 (c)(3). As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 loop is not in a Wire Center identified on the list provided by owest of Wire Centers that meet the applicable non- impairment thresholds specified in Sections 3.1 and 3., and that a requested unbundled DS1 , DS3 or dark fiber transport circuit is not between Wire Centers identified on the list of Wire Centers that meet the applicable non-impairment threshold specified in Sections 4., 4. and 4.1. CLEC shall provide a letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate records that document what CLEC relied upon to support its certification. Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order, owest must immediately process the request, if the UNE is in a location that does not meet the applicable non- impairment thresholds referred to in Section 2.8. To the extent that owest seeks to challenge any other such UNEs , it subsequently can raise that issue through the dispute resolution procedures provided for in CLEC's Interconnection Agreement. If it is determined by CLEC and owest that CLEC's access to or use of UNEs is inconsistent with Existing Rules, except due to change in law, CLEC has thirty (30) calendar Days to convert such UNEs to alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the owest alternate service arrangements. CLEC is also responsible for all non-recurring charges associated with such conversions. 3 When CLEC submits an order to convert a special access circuit to a UNE and that circuit has previously been exempt from the special access surcharge pursuant to 47 CFR 69.115, CLEC shall document in its certification when and how the circuit was modified to permit interconnection of the circuit with a local exchange subscriber line. owest acknowledges that as of the date of execution of this Amendment, the only applicable nonrecurring charge associated with conversions is a design change charge identified in the appropriate tariff. For example , if the conversion is to an interstate service , the charge is as described in owest's FCC Tariff No.1 at S 5.2.2 C ($50.00). The foregoing notwithstanding, owest reserves the right to change this charge or otherwise add, remove or change, in accordance with Applicable Law, any applicable nonrecurring charges associated with conversions under this Agreement. Any changes to applicable nonrecurring charges associated with conversions shall only apply prospectively. 8.4 Additional Non-Impaired Wire Centers. If additional owest Wire Centers are found to meet the relevant factual criteria discussed in Sections V and VI of the FCC' Triennial Review Remand Order under which owest is no longer required to offer November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Unbundled DS1 or DS3 Loops, and/or if additional Qwest Wire Centers are reclassified as Tiers 1 or 2, thus impacting the availability of Unbundled DS1 , DS3, or Dark Fiber transport, Qwest shall provide notice to CLEC. Thirty (30) Days after notification from Qwest, CLEC will no longer order impacted high capacity or Dark Fiber UNEs in or between those additional Wire Centers. CLEC will have ninety (90) Days to transition existing DS1 and DS3 UNEs to an alternative service. CLEC will have one hundred eighty (180) Days to transition Dark Fiber transport to an alternative service. Qwest and CLEC will work together to identify those circuits impacted by such change. Absent CLEC transition of impacted UNEs within the transition period above, Qwest will convert facilities to month-to-month service arrangements in Qwest's Special Access Tariff or begin the disconnect process of Dark Fiber facilities. CLEC is subject to back billing for the difference between the UNE and Tariff rates beginning on the ninety-first (91 st) Day as well as for all applicable nonrecurring charges associated with such conversions. In the event that (1) Qwest designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) Qwest acknowledges or a state or federal regulatory body with authority determines that, at the time Qwest designated such wire center as non-impaired, such wire center did not meet the FCC's non- impairment criteria, then upon request of CLEC, Qwest will, at no cost or expense to CLEC, transition to UNEs any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances Qwest shall refund CLEC the difference between the rate paid by CLEC for such services and the applicable UNE rate , including but not limited to any non-recurring or other charges associated with the unnecessary conversion from UNE to other wholesale services. Service Eligibility Criteria The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions), or new commingled EELs (e., high capacity loops attached to special access transport). Except as otherwise provided in this Section 2., Qwest shall provide access to Unbundled Network Elements and Combinations of Unbundled Network Elements without regard to whether CLEC seeks access to the Unbundled Network Elements to establish a new circuit or to convert an existing circuit from a service to Unbundled Network Elements. CLEC must certify that the following Service Eligibility Criteria are satisfied to: (1) convert a Special Access Circuit to a high capacity EEL, (2) to obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a Commingled circuit that includes a high capacity Loop and transport facility or service. Such certification shall be in accordance with all of the following Sections. November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 State Certification. CLEC has received state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, has complied with registration tariffing, filing fee, or other regulatory requirements applicable to the provision of local voice service in that area. Per Circuit Criteria. The following criteria are satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: Telephone Number Assignment. Each circuit to be provided to each End User Customer will be assigned a local telephone number prior to the provision of service over that circuit. This requires that each DS1 circuit must have at least one (1) local telephone number and each DS3 circuit has at least twenty-eight (28) local telephone numbers. The origination and termination of local voice traffic on each local telephone number assigned to a circuit shall not include a toll charge and shall not require dialing special digits beyond those normally required for a local voice call. 2.4 911 or E911. Each circuit to be provided to each End User Customer will have 911 or E911 capability prior to the provision of service over that circuit. Collocation. Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Owest's Premises within the same LATA as the End User Customer s premises, when Owest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location; Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is located at the third party s premises within the same LATA as the End User Customer s premises, when Owest is the collocator; and When a DS1 or DS3 EEL Loop is connected to a multiplexed facility, the multiplexed facility must be terminated in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Owest's Premises within the same LATA as the End User Customer s premises, when Owest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location. November 17!ccd!MCI metro!1 D Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Interconnection Trunking. CLEC must arrange for the meaningful exchange of traffic which must include hand-offs of local voice calls that flow in both directions. Where CLEC does not arrange for a meaningful exchange of traffic, those arrangements cannot be attributed towards satisfaction of this criterion. At a minimum, each DS1 circuit must be served by a DSO equivalent LIS trunk in the same LATA as the End User Customer served by the circuit. For each twenty-four (24) DS 1 circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the same LATA as the End User Customer served by the circuit. Calling Party Number. Each circuit to be provided to each End User Customer will be served by an Interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. For each twenty- four (24) DS1 EELs or other facilities having equivalent capacity, CLEC will have at least one (1) active DS1 LIS trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. If the Calling Party Number is not exchanged over an Interconnection trunk, that trunk shall not be counted towards meeting this criteria. End Office Switch. Each circuit to be provided to each End User Customer will be served by an End Office Switch capable of Switching local voice traffic. CLEC must certify that the Switching equipment is either registered in the LERG as a Class 5 Switch or that it can switch local voice traffic. GLEC must provide certification to Qwest through a certification letter, or other mutually agreed upon communication , that each individual high capacity loop in combination, or Commingled , with a Qwest-provided high capacity transport facility or service , meets the Service Eligibility Criteria set forth above before Qwest will provision or convert the high capacity facility in combination or Commingled. 1.4 CLEC's high capacity combination or Commingled facility Service Eligibility shall remain valid only so long as CLEC continues to meet the Service Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high capacity combination or Commingled facility is no longer valid CLEC must submit a service order converting the facility to the appropriate Private Line/Special Access service within thirty (30) Days. Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest may perform Service Eligibility Audits of CLEC'records. Service Eligibility Audits shall be performed in accordance with the following guidelines: Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC'high capacity combination and Commingled facilities meet the Service Eligibility Criteria. An independent auditor hired and paid for by Qwest shall perform any Service Eligibility Audits , provided, however, that if a Service Eligibility Audit reveals that CLEC's high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria , then CLEC shall reimburse Qwest for the cost of the audit. To the extent the independent auditor s report concludes that CLEC complied in all material respects with the Service Eligibility Criteria, Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AI CPA) and during normal business hours, unless there is a mutual agreement otherwise. Qwest shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. At the same time that Qwest provides notice of a Service Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of the notice to the Federal Communications Commission. Service Eligibility Audits conducted by Qwest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest may have pursuant to other provisions of this Agreement. Qwest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above , the CLEC must convert all non-compliant circuits to Private Line/Special Access circuits and CLEC must true-up any difference in payments within thirty (30) days. Unbundled Loop Unbundled Loops are available pursuant to CLEC's Agreement and the following terms and conditions. DS1 Unbundled Loops. Subject to the cap described in Section 3. Qwest shall provide CLEC with non-discriminatory access to a DS1 loop on an unbundled basis to any building not served by a Wire Center with at least 60 000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds, no future DS1 loop unbundling will be required in that Wire Center. 1 Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1 Loops are available as Unbundled Loops. 2 CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any DS1 Loop Circuits from Qwest. As such CLEC does not have any DS1 Loop Circuits in place. CLEC further agrees that DS1 Loop Circuits are only available under the Agreement as set forth in Section 3. DS3 Unbundled Loops. Subject to the cap described in Section 3. Qwest shall provide CLEC with non-discriminatory access to a DS3 loop on an unbundled basis to any building not served by a Wire Center with at least 38,000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled loops. 2 CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any DS3 Loop Circuits from Qwest. As such CLEC does not have any DS3 Loop Circuits in place. CLEC further agrees that DS3 Loop Circuits are only available under the Agreement as set forth in Section 3. Dark Fiber Loops Including Fiber Sub-loop. Qwest is not required to provide CLEC with access to a Dark Fiber Loop on an unbundled basis except for UDF-MTE Subloop below. Dark fiber is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 1 CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any Dark Fiber Loops Including Fiber Sub-loop from Qwest. As such CLEC does not have any Dark Fiber Loops Including Fiber Sub-loop in place. CLEC further agrees that Dark Fiber Loops Including Fiber Sub-loop are not available under the Agreement. UDF MTE Subloop begins at or near an MTE to provide access to MTE premises wiring. Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Qwest Premises. The termination and placement of CLEC fiber facilities at an MTE is solely the responsibly of CLEC. CLEC is responsible for all negotiations with the End User Customer and or premises owner for such placement of CLEC facilities. 3.2.Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE premises at a technically feasible point if possible. If access is not technically feasible on the MTE premises , then CLEC may request access to UDF MTE Subloop at a technically feasible point near the MTE premises. Qwest will prepare and submit to CLEC a quote along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and will include costs and an interval in accordance within the interval set forth in the Agreement. A complex IRI is used to determine if a UDF MTE Subloop is available to gain access to network infrastructure within an MTE. Quotes are on an Individual Case Basis (ICB) and may include costs in addition to any installation charges specified in Exhibit A. of your Agreement. FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit and serving an End User Customer s Premises, or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the MDU's minimum point of entry (MPOE). For purposes of this Section , a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more than 500 feet from the End User Customer s Premises or, in the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective End User Customer s Premises. FTTH/FTTC New Builds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 situation where Qwest deploys such a loop to an End User Customer s Premises that had not previously been served by any loop facility prior to October 2, 2003. FTTH/FTTC Overbuilds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop parallel to, or in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Qwest deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper loop facility: 1.4.Qwest shall: (i) leave the existing copper loop connected to the End User Customer s Premises after deploying the FTTH/FTTC loop to such Premises, and (ii) upon request provide access to such copper loop as an Unbundled Network Element Notwithstanding the foregoing, Qwest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access , as set forth above, in which case Qwest shall restore such copper loop to serviceable condition on an Individual Case Basis. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Qwest's obligations under this subsection 1.4.shall terminate when Qwest retires such copper Loop in accordance with the provisions of Section 3.1.4.3 below. 1.4.In the event Qwest, in accordance with the provisions of Section 3.1.4.3 below, retires the existing copper loop connected to the End User Customer s Premises , Qwest shall provide access, as an Unbundled Network Element, over the FTTH/FTTC loop to a 64 kbps transmission path capable of voice grade service. 1.4.Retirement of Copper Loops or Copper Subloops and Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest will: (i) provide notice of such planned replacement on its web site (www.qwestcom/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (iii) provide public notice of such planned replacement to the FCC. Such notices shall be in addition to any applicable state Commission or state Board notification that may be required. Any such notice provided to the FCC shall be deemed approved on the ninetieth (90th) Day after the FCC' release of its public notice of the filing, unless an objection is filed pursuant to the FCC's rules. In accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop shall be filed with the FCC and served upon Qwest no later than the ninth (9th) business day following the release of the FCC's public notice of the filing and (ii) any such objection shall be deemed denied ninety (90) Days after the date on which the FCC releases public notice of the filing, unless the FCC rules otherwise within that period. 1.4.4 CLEC represents that as of the effective date of this Amendment November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 CLEC has not purchased any FTTH/FTTC Loops. As such CLEC does not have any FTTH/FTTC Loops in place. CLEC further agrees that FTTH/FTTC Loops are available under the Agreement only as set forth in Section 3.1.4 of this Amendment Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the distribution plant. Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, including DS1 or DS3 capacity, but not DSL, Qwest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features, functions, and capabilities of that Hybrid Loop, only where impairment has been found to exist to establish a complete transmission path between Qwest's Central Office and an End User Customer s premises. This access shall include access to all features, functions and capabilities of the Hybrid Loop that are not used to transmit packetized information. Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services, Qwest may either: Provide non-discriminatory access, on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to DSO capacity), using time division multiplexing technology; or Provide nondiscriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. Subloop Unbundling. An Unbundled Subloop is defined as the distribution portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility between any point that it is Technically Feasible to access at terminals in Qwest's outside plant (originating outside of the Central Office), including inside wire owned or controlled by Qwest, and terminates at the End User Customer premises. An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include, but are not limited to, the pole, pedestal Network Interface Device, minimum point of entry, single point of Interconnection Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Office to a terminal that is not at the End User Customer s premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only to the extent it is part of a complete transmission path , not a subloop, between the Central Office and the End User Customer s premises or MTE. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 3. Qwest's obligation to construct a Single Point of Interface (SPOI) is limited to those MTEs where Qwest has distribution facilities to that MTE and November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 owns, controls, or leases the inside wire at the MTE. In addition, Owest shall have an obligation to construct a spal only when CLEC indicates that it intends to place an order for access to an unbundled Subloop Network Element via a spal. Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Owest Premises. Cross-Connect Collocation , refers to creation of a cross connect field and does not constitute Collocation. The terms and conditions of Collocation do not apply to Cross-Connect Collocation if required at or near an MTE. 3 Failure To Convert Non-Impaired Services - Feeder Subloops. CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any feeder subloops from Owest. As such CLEC does not have any feeder subloops in place. CLEC further agrees that feeder subloops are not available under the Agreement. Line Sharing. Owest shall not be required to provide Line Sharing unless the Agreement has been amended with a Owest Commercial Line Sharing Amendment. Unbundled Dedicated Interoffice Transport (UDIT) Owest is not obligated to provide CLEC with unbundled access to dedicated transport that does not connect a pair of Owest Wire Centers. All transport services, when combined with high capacity Loops, are subject to the Service Eligibility Criteria as outlined in Section 2.9 of this Amendment. UDIT is available pursuant to CLEC's Agreement and the following terms and conditions. DS1 UDIT. Owest shall unbundle DS1 transport between any pair of Owest Wire Centers except where , through application of "Tier" classifications, as defined in Section 1.0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire Centers. As such , Owest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. On Routes for which no unbundling obligation for DS3 Dedicated Transport circuits exists but for which DS1 Dedicated Transport is available on an unbundled basis, CLEC may obtain a maximum of ten (10) unbundled DS1 Dedicated Transport circuits. DS3 UDIT - Owest shall unbundle DS3 transport between any pair of Owest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Wire Centers. As such, Qwest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. 2 Intentionally Left Blank 3 Intentionally Left Blank Qwest shall make available to CLEC a list of those Non-Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. 4 Non-Impaired Services - DS1 UDIT 1 CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any DS1 UDIT from Qwest. As such CLEC does not have any DS1 UDIT in place. CLEC further agrees that DS1 UDIT is only available pursuant to CLEC's Agreement and as set forth in Section 4 of this amendment. 5 Non-Impaired Services - DS3 UDIT 1 CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any DS3 UDIT from Qwest. As such CLEC does not have any DS3 UDIT in place. CLEC further agrees that DS3 UDIT is only available pursuant to CLEC's Agreement and as set forth in Section 4 of this amendment. 2 Intentionally Left Blank Failure To Convert Non-Impaired Services - OCn UDIT. CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any DCn UDIT facilities from Qwest. The parties agree that DCn UDIT will no longer be available under the Agreement. Failure To Convert Non-Impaired Services - DS1 or DS3 E-UDIT or M-UDIT. CLEC represents that as of the effective date of this Amendment CLEC has not purchased any DS1 or DS3 E-UDIT or M-UDIT facilities from Qwest. The parties agree that DS1 or DS3 E-UDIT or M-UDIT will no longer be available under the Agreement. Unbundled Dark Fiber (UDF) IOF 1 Dedicated dark fiber transport shall be made available to CLEC on an unbundled basis as set forth in the Interconnection Agreement and as set forthbelow. Dark fiber transport consists of unactivated optical interoffice transmission facilities. November 17/ccd/MClmetro/ID Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Owest shall unbundle dark fiber transport between any pair of Owest Wire Centers except where, through application of "Tier classifications defined in Section 1.0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such , Owest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Owest shall make available to CLEC a list of those Non- Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Failure To Convert Non-Impaired Services - UDF-IOF. CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any UOF-IOF facilities from Owest. The parties agree that UOF-IOF will no longer be available under the Agreement. 9 E-UDF and M-UDF (Meet Point Billed-UDF) Transition Language. CLEC represents that as of the effective date of this amendment, CLEC has not purchased any E-UOF or M-UOF facilities from Owest . Unbundled Local Switching CLEC represents that as of the effective date of this Amendment, CLEC has not purchased any Unbundled Local Switching or Unbundled Network Element Platform ("UNE-) arrangements from Owest. As such CLEC does not have any unbundled signaling, call-related databases or shared transport arrangements in place. CLEC further agrees that Unbundled Local Switching, UNE-P arrangements , unbundled signaling, call related databases and shared transport are not available under the Agreement. Unbundled Network Element Combinations Enhanced Extended Loop (EEL) EEL is available pursuant to CLEC's Agreement, the relevant loop and transport terms and conditions of this amendment and the following terms and conditions. The "Significant Amount of Local Exchange Traffic eligibility criteria for EEL is replaced by the Service Eligibility Criteria described in Section 9, including the collocation requirement of Section 2. CLEC EEL certification process is replaced by the Certification process described in Sections 2. EEL Audit provisions are replaced by the Service Eligibility Audit process described in Sections 2.1.4 Service Eligibility Criteria in Section 2.9 apply to combinations of high capacity (OS1 and OS3) loops and interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 EEL conversions) or new commingled EELs (e., high capacity loops attached to special access transport). CLEC cannot utilize combinations of Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and DS1 or DS3 unbundled dedicated interoffice transport (UDIT) to create high capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service Eligibility Criteria in Section 2. CLEC represents that as of the effective date of this Amendment CLEC has not purchased any Unbundled Local Switching or Unbundled Network Element Platform ("UNE-) arrangements from Qwest. As such CLEC does not have any unbundled signaling, call-related databases or shared transport arrangements in place. CLEC further agrees that Unbundled Local Switching, UNE-P arrangements, unbundled signaling, call related databases and shared transport are not available under the Agreement. Commingling 1 To the extent it is Technically Feasible, CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. Notwithstanding the foregoing, the following are not available for resale Commingling: Non-telecommunications services; Enhanced or Information services; Network Elements offered pursuant to Section 271. 2 CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e., Switched and Special Access Services offered pursuant to Tariff) and request Qwest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the CFA (Connecting Facility Assignment) of CLEC' network demarcation (e., Collocation or multiplexing facilities) for each UNE, UNE Combination , or wholesale service when requesting Qwest to perform the Commingling of such services. Qwest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Qwest's network with Access Services. 3 When a UNE and service are commingled, the service interval for each facility being commingled will apply only as long as a unique provisioning process is not required for the UNE or service due to the commingling. Performance measurements and\or remedies are not applicable to the total commingled arrangement but do apply to each facility or service ordered within the commingled arrangement. Work performed by Qwest to provide Commingled services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere, by virtue of that service inclusion in a requested Commingled service arrangement. Provisioning intervals applicable to services included within a requested Commingled service arrangement will not begin to run until CLEC provides a complete and accurate service request, necessary CFAs to Qwest, and November 17/ccd/MClmetro/iD Amendment to CDS-060830-0001 Neg. 6-22-06 TRO-TRRO Amd ATTACHMENT 1 Qwest completes work required to perform the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 2.4 Services are available for Commingling only in the manner in which they are provided in Qwest's applicable product Tariffs, catalogs, price lists, or other Telecommunications Services offerings. Entrance Facilities and mid-span meet spal obtained pursuant to the Local Interconnection section of the Agreement are not available for Commingling. 6 CLEC may request Qwest to commingle DS1 or DSO analog voice grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwest's special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 6.2 of this Amendment. Ratcheting To the extent that CLEC requests Qwest to commingle a UNE or a UNE Combination with one or more facilities or services that CLEC has obtained at wholesale from Qwest pursuant to a method other than unbundling under Section 251(c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at multiple rates, otherwise known as ratcheting. Such commingling will not affect the prices of UNEs or UNE Combinations involved. To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate if and only if all circuits entering the multiplexer are UNEs and (2) in all other situations the multiplexed facility will be ordered and billed pursuant to the appropriate Tariff. Routine Network Modifications Qwest shall make all routine network modifications to unbundled loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Qwest shall perform these routine network modifications to unbundled loop or transport facilities in a nondiscriminatory fashion, without regard to whether the loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. A routine network modification is an activity that Qwest regularly undertakes for its own customers. Routine network modifications include, but are not limited to , rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches to a DS1 loop to activate such loop for its own customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. November 17/ccd/MClmetroIiD Amendment to CDS-O60830-0001 Neg. 6-22-06 TRO-TRRO Amd TRO and TRRO Exhibit A Transition Rates Idaho UNE Combinations 23.Enhanced Extended Loo EEL 23.Private Line S ecial Access to EEL Conversion as is $34. $131. ICB ICB $34. Unbundled Dark Fiber UDF UDF MTE Subloo NOTES: B Cost Docket QWE-01-11 , Order No. 29408 (January 5,2004) rates effective January 5,2004. (11 TELRIC rates proposed in Cost Docket QWE-01-11 testimony filed on November 12,2003. The case was bifurcated and the rates using this footnote are proposed in Phase 2 of the cost docket. 3 ICB, Individual Case Basis pricing. Qwest idahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page 1 of 1