HomeMy WebLinkAbout20070227Application Part I.pdfMaura E. Peterson
Paralegal
Regulatory Law
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Qwest$
Spirit of Service
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
(206) 398-2504
Facsimile (206) 343-4040
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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. (5:?WE ~-o7-o
Application for Approval of Interconnection Agreement
WTI, 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 ofInterconnection 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 a
T""Sincere
lY'A I~l~\!v
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Thank you for your
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: (206) 398-2504
Facsimile: (206) 343-4040
Adam. sherr(fYqwest. com
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APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE INTERCONNECTION
AGREEMENT FOR THE STATE OF
IDAHO PURSUANT TO 47 U.c. ~252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.
QLVE:
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APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with WTI, LLC ("WTI") is
submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits that this Agreement provides no basis for either of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the State ofldaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement will enable WTI to
APPLICATION FOR APPROY AL OF INTERCONNECTION AGREEMENT -
WTI, LLC
Page 1
interconnect with Qwest facilities and to provide customers with increased choices among
paging providers.
Qwest further requests that the Commission approve this Agreement without a hearing.
Because this Agreement was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted thi;t(/j,'day of February, 2DOh
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Adam L\Sherr
Attorney folQwest
APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
WTI, LLC
Page 2
CERTIFICATE OF SERVICE
'"\ /
-t-rI hereby certify that on this day of February, 2007, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
WTI, LlC
Attn: Robert Manning, CEO
22722 29th Drive S.
Bothell, W A 98021
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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CJ..
Maura Peters n, I,?'aralegal
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
WTI, LLC
Page 3
INTERCONNECTION AGREEMENT ; :~: C' F i
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uiJ'l~b2 ,Ii
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TERMS AND CONDITIONS FOR INTERCONNECTION,
UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES riU H..;i(:
AND RESALE OF TELECOMMUNICATIONS SERVICES UT\UTiL:~3 CO"iii:ISSk:i
BETWEEN
Qwest Corporation
and
WTI, LLC
For the State of IDAHO
Version 2.
Agreement Number
CDS-O70123-0003
January 30, 2007/lhd1WT11IDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2., August 24 , 2006
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS ..................................................................................
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .........................................., 3
SECTION 3.0 - CLEC INFORMATION ............................................................................. 5
SECTION 4.0 - DEFINITIONS .......................................................................................... 7
SECTION 5.0 - TERMS AND CONDITIONS ..........,.......................................................
GENERAL PROVISIONS .... .... ...,
,.............. ...... ................... ............ .................. .....
TERM OF AGREEMENT .............................,......................................................,... 29
PROOF OF AUTHORIZATION ...............................:................................................ 29
PAYMENT..
.................. ..................... ............. ................................. .......... ..........
TAXES..
............................................... ............... ............ ................. ........... .......
INSURANCE
.............................. ...... .............. ............................ ......
.......... ...... .... 33
FORCE MAJEURE............................... .... ......
,... ,.......... ........ ........... ...... ,....... ,..,..
LIMITATION OF LIABILITY ..................................................................................... 34
INDEMNITY..
""""" .......... .............................. ...,...,................ ......... ,..,.... ,..... ,.....
10 I NTELLECTUAL PROPERTY ....................
;....
,........................................................ 36
11 WARRANTIES .....................,...............................,.....,...,...,................................. 3812 ASSIGNMENT............... .........., ,... ...... ............ ..... ............. .......................... .......... 3913 DEFAULT. ..........
............ ....... ................ .... ........... .... .......... ....... .................... ......
14 DISCLAIMER OF AGENCY.................................................................................... 3915 SEVERABILITY....................... ................. ...... ................... ............ .........., ............ 3916 NONDISCLOSURE ........................... ...... ......................................... ..................... 40
5. 17 S U RVIV AL .......................................................................................................... 4218 DISPUTE RESOLUTION... ........ ......
........... ...... ......................... ........ ................. ....
19 CONTROLLING LAW. ...................... ....... .... .............. ................ ......... ................... 4320 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .....................................21 NOTICES... ........
.............. ......................... ..... ...... ...... ............. .......... .............. ....
22 RESPONSIBILITY OF EACH PARTY....................................................................... 44
23 No THIRD PARTY BENEFICIARIES........................................................................24 INTENTIONALLY LEFT BLANK............................................................................... 4525 PUBLICITY......................,................................................................................... 4526 EXECUTED IN COUNTERPARTS...........
.......... ....... .................... ...................... ......
27 COMPLIANCE .....................,...,.......................
:...................................................
28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw
ENFORCEMENT ACT OF 1994 ............................................................................. 4529 COOPERATION...... ........... .....
........... ........,.
............................ ..... ....................... 4630 AMENDMENTS... ...... ...... ........
....................... ....... ...... ........ ........
,........................ 4631 ENTIRE AGREEMENT.......................................................................................... 46
SECTION 6.0 - RESALE ...... ....................
.................................... ........... ................
....... 47
DESCRIPTION ........ ....
.............., ........ ...... ................. ...... ...... ........... .............. ......
TERMS AND CONDITIONS.................................................................................... 47
RATES AND CHARGES.........................................................................,...,.......... 52
ORDERING PROCESS......................................................................................... 53
5 BILLING...................,....................................,.."..."..",..............,...........,............
MAINTENANCE AND REPAIR ................................................................................ 55
COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................ 55
January 30, 2007I1hd/WTI/IDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2:3, August 24, 2006
TABLE OF CONTENTS
SECTION 7.0 - INTERCONNECTION ............................................................................ 56
INTERCONNECTION FACILITY OPTIONS ...........
;..........................,..,......................
Methods of Interconnection..,........................................... ........................
EXCHANGE OF TRAFFIC.............
............................. .......... .,... ..................
....... .... 58
Description ...................................... ..... ..... ......................... .........,.......... ... 58
7.2.Terms and Conditions.... ................ ................. .......... ...... ........ .... ........ ...... 59
RECIPROCAL COMPENSATION
.......... ...... ........ .............................. ,..... .................
7.3.Interconnection Facility Options...... ............
.....
........................................ 67
7.3.Direct Trunked Transport .......................................................................,. 693.3 Trunk Nonrecurring Charges .............................,...................................... 703.4 Exchange Service (EAS/Local) Traffic .,..................................................
Miscellaneous Charges .........
......... .............. ....
............................ ..... ........ 71
6 ISP-bound Traffic .....................................................................................
Transit Traffic ......
...... ......................................,.....,.. ....,..
..... .............. ...... 72
ORDERING........ ........ ........... .............. ...... .............. ........... ......... ,..... .......... ......., 73
JOINTLY PROVIDED SWITCHED ACCESS SERVICES .............................................. 74
TRANSIT RECORDS................................................................,..................:......., 75
LOCAL INTERCONNECTION DATA EXCHANGE FOR BilLING ................................... 75
SECTION 8.0 - COLLOCATION .....................................................................................
DESCRIPTION ...... .................. ....... .........." ............. ............ ...... .......... ................. 77
TERMS AND CONDITIONS.................................................................................... 79
RATE ELEMENTS ............................ ...................... ................... .......,................. 111
ORDERING.. ..........
............... ...................... .....
..................................... ............ 121
BilLING............................................................................................................ 136
MAINTENANCE AND REPAIR .............................................................................. 137
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS............................................... 139
GENERAL TERMS ............................................................................................. 139
UNBUNDLED Loops
.........................................................................................
151
SUBlOOP UNBUNDLING.... ................................................................................ 1709.4 INTENTIONAllY LEFT BLANK............................................................................. 180
NETWORK INTERFACE DEVICE (NID)................................................................. 180
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)............................... 184
UNBUNDLED DARK FIBER .................................................................................189
INTENTIONAllY LEFT BLANK............................................................................. 197
INTENTIONAllY LEFT BLANK.......................................................,.....................19710 INTENTIONAllY LEFT BLANK............................................................................. 19711 INTENTIONAllY LEFT BLANK............................................................................. 19712 INTENTIONAllY LEFT BLANK........................,...,...,...,....,.............................,.....19713 INTENTIONAllY LEFT BLANK............................................................................. 19714 INTENTIONAllY LEFT BLANK.......,........,......,........".................................,."......19715 INTENTIONAllY LEFT BLANK............................................................................. 19716 INTENTIONAllY LEFT BLANK............................................................................. 19717 INTENTIONAllY LEFT BLANK.........................."...,....................................,........19718 ADDITIONAL UNBUNDLED ELEMENTS................................................................. 19819 CONSTRUCTION CHARGES ............................................................................... 19820 INTENTIONAllY LEFT BLANK............................................................................. 19921 INTENTIONAllY LEFT BLANK............... .............................................,................ 199
January 30, 200711hd/WTIIIDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2., August 24 2006
TABLE OF CONTENTS
22 INTENTIONALLY LEFT BLANK............................................................................. 19923 UNBUNDLED NETWORK ELEMENT COMBINATIONS ........................................,....199
24 Loop SPLITTING ...,...,.....................................
,............,..........,........................
211
SECTION 10.0 - ANCILLARY SERVICES ...................,........................ ....................... 216
10.INTERIM NUMBER PORTABILITY......................................................................... 216
10.LOCAL NUMBER PORTABILITY ........................................................................... 223
10.911 /E911 SERVICE.......................................................................................... 230
10.4 WHITE PAGES DIRECTORY LISTINGS SERVICE................................................... 238
10.DIRECTORY ASSISTANCE SERVICE.................................................................... 242
10.DIRECTORY ASSISTANCE LIST ...............................................~.......,.................. 246
10.TOLL AND ASSISTANCE OPERATOR SERVICES................................................... 251
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY.,.,....................... 255
SECTION 11.0 - NETWORK SECURITY........................................ ......................,...... 270
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ............276
12.DESCRIPTION ................ ........... .............,.... ...... ............... ...... ................. .......... 276
12.2 OSS SUPPORT FOR PRE-ORDERING , ORDERING AND PROVISIONING .................276
12.MAINTENANCE AND REPAIR.............................................................................. 288
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................299
SECTION 14.0 - LOCAL DIALING PARITY ..................................................................300
SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER .............................. 301
SECTION 16.0 - REFERRAL ANNOUNCEMENT ........................................................ 302
SECTION 17.0 ~ BONA FIDE REQUEST PROCESS................................................... 303
SECTION 18.0 - AUDIT PROCESS........................,.......,.............................................306
SECTION 19.0 - CONSTRUCTION CHARGES ........................................................... 309
SECTION 20.0 - SERVICE PERFORMANCE ....................,......................................... 310
SECTION 21.0 - NETWORK STANDARDS .............................. .......... .........................311
SECTION 22.0 - SIGNATURE PAGE .....
,.................................. ...... ...... .......................
314
January 30, 2007/lhd/WTIIIDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2., August 24, 2006 iii
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
TABLE OF CONTENTS FOR EXHIBITS
Rates
Service Performance Indicators
Service Interval Tables
Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General
Information Document
Intentionally Left Blank
Special Request Process
Intentionally Left Blank
Calculation of the Relative Use Factor (RUF)
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option
Performance Assurance Plan
Advice Adoption Letter
Interim Advice Adoption Letter
January 30, 2007/1hdIWTIIIDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2,, August 24, 2006
Section 1
General Term and Conditions
Section 1.0 - GENERAL TERMS
This Agreement for Interconnection, Unbundled Network Elements, ancillary
services, and resale of Telecommunications Services ("Agreement"is between Qwest
Corporation ("Qwest"), a Colorado Corporation, and WTI , LLC ("CLEC"), a Washington
corporation , pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of
fulfilling Qwest's obligations under Sections 222 , 251 (a), (b), and (c), 252, and other relevant
provisions of the Act and the rules and regulations promulgated there under.
Intentionally Left Blank.
This Agreement sets forth the terms, conditions and pricing under which Qwest
will provide to CLEC network Interconnection , access to Unbundled Network Elements , ancillary
services, and Telecommunications Services available for resale within the geographical areas in
which Qwest is providing local Exchange Service at that time, and for which Qwest is the
incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local
Telecommunications Services.
1.4 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Once this Agreement is approved , any amendment to the Agreement by the
Parties will be accomplished through Section 252 of the Act. This Agreement can only be
amended in writing, executed by the duly authorized representatives of the Parties.
Notwithstanding the above, if the Commission orders , or Qwest chooses to offer
and CLEC desires to purchase, new Interconnection services, access to additional Unbundled
Network Elements, additional ancillary services or Telecommunications Services available for
resale which are not contained in this Agreement or a Tariff, Qwest will notify CLEC of the
availability of these new services through the product notification process through the Change
Management Process (CMP). CLEC must first complete the relevant section(s) of the New
Product Questionnaire to establish ordering and Billing processes. In addition, the Parties shall
amend this Agreement under one (1) of the following two (2) options:
If CLEC is prepared to accept Qwest's terms and conditions for such new
product CLEC shall execute a form Advice Adoption Letter (the form of which is
attached hereto as Exhibit L), to be furnished by Qwest, and include as an attachment
the discreet terms and conditions available on Qwest's wholesale web site , that Qwest
has identified as pertaining to the new product. CLEC shall submit the Advice Adoption
Letter to the Commission for its approval. CLEC shall also provide the Advice Adoption
Letter to Qwest pursuant to the notice provisions in this Agreement and may begin
ordering the new product pursuant to the terms of this Agreement as amended by such
Advice Adoption Letter.
If CLEC wishes to negotiate an amendment with different terms and
conditions than defined by Qwest for such new product, CLEC agrees to abide by those
terms and conditions on an interim basis by executing the Interim Advice Adoption Letter
(the form of which is attached hereto as Exhibit M) based upon the terms and conditions
January 30, 2007/1hdIWTIIIDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 2006
Section 1
General Term and Conditions
available on Qwest's wholesale web site that Qwest has identified as pertaining to the
new product. The Interim Advice Adoption Letter will terminate when the final
amendment is approved. The rates and to the extent practicable, other terms and
conditions contained in the final amendment will relate back to the date the Interim
Advice Adoption Letter was executed. No new product offering or accompanying Interim
Advice Adoption Letter will be construed to limit or add to any rates , terms or conditions
existing in this Agreement.
The Parties shall comply with Section 252(i) of the Act and 47 C.R. ~ 51.809 of
the FCC's rules when amending their Interconnection Agreement. However, nothing in this
provision precludes CLEC from seeking an amendment to its Interconnection Agreement
pursuant to Section 1.7 of this Agreement, including seeking an amendment to include terms
and conditions contained within Qwest's current SGAT, subject to Qwest's agreement. CLEC
may not amend its Interconnection Agreement to include terms and conditions that may be
contained within Qwest's current SGAT that have been affected by a change in applicable law.
With respect to the terms and provisions of this Agreement, Qwest has negotiated the
Agreement in its entirety, and the inclusion of any particular provision, or rate , term and
condition , is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
January 30, 2007/lhdlWTl/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 2006
Section 2
Interpretation and Construction
Section 2.INTERPRETATION AND CONSTRUCTION
This Agreement includes this Agreement and all Exhibits appended hereto , each
of which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation , rule , Tariff, technical reference , technical publication , or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements
addenda, or successor) of that statute , regulation, rule, Tariff, technical reference, technical
publication , or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law
rule, regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2,1. In the case of any material change
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party s network may not be in compliance with the latest release of technical references
technical publications , or publications of Telecommunications industry administrative or
technical standards.2.2 The provisions in this Agreement are intended to be in compliance with and
based on the existing state of the law, rules, regulations and interpretations thereof, including
but not limited to state and federal rules, regulations, and laws, as of March 11 , 2005 (the
Existing Rules). Nothing in this Agreement shall be deemed an admission by Owest or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by Owest or CLEC
that the Existing Rules should not be changed, vacated , dismissed , stayed or modified. Nothing
in this Agreement shall preclude or estop Owest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed , vacated, dismissed, stayed or modified, To the extent that
the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this
Agreement shall be amended to reflect such legally binding modification or change of the
Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days
after notification from a Party seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to
negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is expressly understood
that this Agreement will be corrected , or if requested by CLEC, amended as set forth in this
Section 2., to reflect the outcome of generic proceedings by the Commission for pricing,
service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect
legally binding decisions of the Commission and shall be applied on a prospective basis from
the effective date of the legally binding Commission decision , unless otherwise ordered by the
Commission. Where a Party provides notice to the other Party within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
January 30, 2007/1hd/WTI/IDAHO
CDS~070123-0003
Qwest Fourteen State Template, Version 2.3, August 24, 2006
Section 2
Interpretation and Construction
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the
effective date of the legally binding change shall be the Effective Date of the amendment unless
the Parties agree to a different date, During the pendency of any negotiation for an amendment
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance
with the terms and conditions of this Agreement, for up to sixty (60) Days. If the Parties fail to
agree on an amendment during the sixty (60) Day negotiation period, the Parties agree that the
first matter to be resolved during Dispute Resolution will be the implementation of an interim
operating agreement between the Parties regarding the disputed issues, to be effective during
the pendency of Dispute Resolution. The Parties agree that the interim operating agreement
shall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and
the Parties will continue to perform their obligations in accordance with the terms and conditions
of this Agreement, until the interim operating agreement is implemented. For purposes of this
section
, "
legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or
effect of any rule, regulation, statute, or interpretations thereof, including but not limited to the
FCC's Triennial Review Order and/or its Triennial Review Remand Order and state rules,
regulations , and laws as they may be issued or promulgated. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper
interpretation or effect of any rule, regulation, or statute, or concerning whether the foregoing
should be changed , vacated, dismissed , stayed or modified.
Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and Qwest's Tariffs, PCAT, methods and procedures, technical
publications , policies, product notifications or other Qwest documentation relating to Qwest's or
CLEC's rights or obligations under this Agreement, then the rates, terms, and conditions of this
Agreement shall prevail. To the extent another document abridges or expands the rights or
obligations of either Party under this Agreement, the rates, terms and conditions of this
Agreement shall prevail.
Intentionally Left Blank.
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24, 2006
Section 3
CLEC Information
Section 0 - CLEC INFORMATION
Except as otherwise required by law, Qwest will not provide or establish
Interconnection Unbundled Network Elements ancillary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to CLEC's execution of this Agreement. The Parties shall complete Qwest's "New
Customer Questionnaire " as it applies to CLEC's obtaining of Interconnection , Unbundled
Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder. '3.2 Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of Qwest's "New Customer Questionnaire:
General Information
Billing and Collection (Section 1)
Credit Information
Billing Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
The remainder of this questionnaire must be completed within two (2) weeks of
completing the initial portion of the questionnaire. This questionnaire will be used to:
Determine geographical requirements;
Identify CLEC identification codes;
Determine Qwest system requirements to support CLEC's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and CLEC contact lists; and
Identify CLEC hours and holidays.
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24, 2006
Section 3
CLEC Information
CLECs that have previously completed a Questionnaire need not fill out a New
Customer Questionnaire; however, CLEC will update its New Customer Questionnaire with any
changes in the required information that have occurred and communicate those changes to
Qwest. Before placing an order for a new product; CLEC will need to complete the relevant
New Product Questionnaire and amend this Agreement, which may include an amendment
pursuant to Section 1.
Intentionally Left Blank.
3.4 Intentionally Left Blank.
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24, 2006
Section 5
Terms and Conditions
Section 4.0 - DEFINITIONS
Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between CLEC and Qwest for Local Interconnection Service.
Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. Qwest's Access Tandem Switches are also used to connect and switch traffic
between and among Central Office Switches within the same LATA and may be used for the
exchange of local traffic.
Act" means the Communications Act of 1934 (47 U.C. S 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
Advanced Services" refers to high speed, switched , broadband , wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data , graphics or video
Telecommunications using any technology.
Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
percent.
AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines
orders, permits and approval of any governmental regulations, including, but not limited to , the
Act, the regulations , rules , and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
Application Date" or "APP" means the date CLEC provides Qwest an application for service
containing required information as set forth in this Agreement.
ATIS" or "Alliance for Telecommunications Industry Solutions is a North American
telecommunication industry standards forum which, through its committees and working groups
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that
initially records telecommunication message information. AMA format is contained in the AMA
document, published by Telcordia Technologies , or its successors, as GR-1100-CORE which
defines the industry standard for message recording.
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Automatic Location Identification " or "All" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
Automatic Location Identification/Database Management System" or "All/DBMS" is
Enhanced 911/(E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid),
Automatic Location Identification Gateway" or "All Gateway" is a computer facility into which
CLEC delivers Automatic Location Identification (All) data for CLEC Customers. Access to the
All Gateway will be via a dial-up modem using a common protocol.
Automatic Number Identification" or "ANI" is the Billing telephone number associated with the
access line from which a call originates. ANI and Calling Party Number (CPN) usually are the
same number.
Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection
of the least expensive or most appropriate transmission facility for each call based on criteria
programmed into a circuit Switch routing table or system.
Basic Exchange Telecommunications Service means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein , a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network
and which enables such End User Customer to generally place calls to, or receive calls from
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed , Basic Exchange Telecommunications
Service includes access to ancillary services such as 911 , directory assistance and operator
services.
Bill Date" means the date on which a Billing period ends, as identified on the bill.
Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
Binder Groups" means the sub-units of a cable , usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17.
Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the
End User Customer and the Serving Wire Center or extending beyond the End User Customer
location.
Business Line" means a Qwest-owned switched access line used to serve a business
customer, whether by Qwest itself or by CLEC that leases the line from Qwest. The number of
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Business Lines in a Wire Center shall equal the sum of all Qwest 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 Qwest 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.
Busy Line Verify/Busy Line Interrupt" or "BL V/BLI Traffic" means a call to an operator service in
which the caller inquires as to the busy status of or requests an interruption of a call on another
End User Customer s Basic Exchange Telecommunications Service line.
Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference Qwest Technical Publication 77342.
Carrier" or "Common Carrier" See Telecommunications Carrier.
Carrier Liaison Committee" or "CLC" is under the auspices of A TIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and NIMC publish business process rules
for their respective areas of concern.
Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched,
Central Office Switch" means a Switch used to provide Telecommunications Services
including, but not limited to:
End Office Switches" which are used to terminate End User Customer station Loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
Tandem Office Switches" (or "Tandem Switches ) which are used to connect and switch
trunk circuits between and among other End Office Switches. CLEC Switch(es) shall be
considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a
comparable geographic area as Qwest's Tandem Office Switch. A fact-based
consideration by the Commission of geography should be used to classify any Switch on
a prospective basis.
Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Billing data.
Centralized Message Distribution System" or "CMOS" means the operation system that Local
Exchange Carriers use to exchange outcollect and lABS access messages among each other
and other parties connected to CMOS.
Centrex" shall have the meaning set forth in Section 6,
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Charge Number" is a Common Channel Signaling parameter, which refers to the number
transmitted through the network identifying the Billing number of the calling party. Charge
Number frequently is not the Calling Party Number (CPN).
Collocation" is an arrangement where Qwest provides space in Qwest Premises for the
placement of CLEC's equipment to be used for the purpose of Interconnection or access to
Qwest Unbundled Network Elements.
Collocation - Point of Interconnection" or "POI" is the point outside Qwest's Wire Center
where CLEC's fiber facility meets Qwest's Fiber Entrance Facility, except where CLEC uses an
Express Fiber Entrance Facility. In either case , Qwest will extend or run the Fiber Entrance
Facility to CLEC's Collocation Space.
Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.C. 3 332 and FCC rules
and orders interpretirg that statute.
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 Qwest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
Commission" means the Idaho Public Utilities Commission.
Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public Switched Network
that carries the actual call. Signaling System 7 ("SS7") is currently the preferred CCS method.
Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records , and installing pen registers and trap and trace devices.
Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request
, '
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements
ancillary services, or resale of Telecommunications Services. A CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
Confidential Information" shall have the meaning set forth in Section 5.16.
Cross Connection" is a cabling scheme between cabling runs , subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
Current Service Provider" means the Party from which an End User Customer is planning to
switch its local Exchange Service or the Party from which an End User Customer is planning to
port its telephone number(s).
Custom Calling Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not
limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and
series completing (busy or no answer).
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Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features
consisting of number translation services, such as call forwarding and caller identification
available within a Local Access and Transport Area ("LATA"). Features include, but are not
limited to, automatic callback, automatic recall , calling number delivery, Customer originated
trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection.
Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services , whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e., a
telephone , PBX, modem pool , etc.
Customer Usage Data" means the Telecommunications Service usage data of a CLEC
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by Qwest AMA equipment and forwarded to CLEC,
Dark Fiber" shall have the meaning set forth in Section 9.
Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.
Day" means calendar Days unless otherwise specified.
Dedicated Transport" means Qwest transmission facilities between Wire Centers or switches
owned by Qwest, or between Wire Centers or switches owned by Qwest and switches owned
by CLECs, including, but not limited to, DS1 , DS3, and OCn-capacity level services, as well as
Dark Fiber, dedicated to a particular End User Customer or carrier.
Demarcation Point" means the point where Qwest owned or controlled facilities cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin.
Designed, Verified and Assigned Date" or "OVA" means the date on which implementation
groups are to report that all documents and materials have been received and are complete.
Desired Due Date" means the desired service activation date as requested by CLEC on a
service order.
Dialing Parity" shall have the meaning set forth in Section 14.
Digital Cross Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within
physical interface facilities, Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s
and DCS 3/3s , where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or
greater with Cross Connection typically at the DSO rate. This same nomenclature, at the
appropriate rate substitution , extends to the other types of DCS specifically cited as 3/1 and 3/3.
Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
Synchronous Optical Network (SONET) signals (e., STS-3) are also DCS , although not
denoted by this same type of nomenclature. DCS may provide the functionality of more than
one of the aforementioned DCS types (e., DCS 3/3/1 which combines functionality of DCS 3/3
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and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of
requirements on the "component" DCS. In locations where automated Cross Connection
capability does not exist, DCS will be defined as the combination of the functionality provided by
a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4
channel banks or other DSO and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection , or other service platform device.
Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
Digital Signal Level 1" or "DS 1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing, There are twenty-eight (28) DS1 s in a DS3.
Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing,
Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates
lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii)
disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de-
multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM, Frame
Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e., in a Remote Terminal, Central Office, or an End User Customer
premises ),
Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that
are designed to provide digital communications services over copper Loops either in addition to
or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but
not limited to, the following:
ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission
technology that typically permits the transmission of up to 8 Mbps downstream (from the
Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Office) over one (1) copper pair.
HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL
technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits
over a single copper pair, T1 service over two (2) copper pairs , or future E1 service over
three (3) copper pairs,
HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL
technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps.
IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching.
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RADSL" or "Rate Adaptive Digital Subscriber Line" is a form of ADSL that can
automatically assess the condition of the Loop and optimize the line rate for a given line
quality.
SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 048
Mbps on a single pair.
VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical , or
other combination.
Directory Assistance Database" shall have the meaning set forth in Sections 10., 10.
and 10.
Directory Assistance Lists" shall have the meaning set forth in Section 10.
Directory Assistance Service" includes, but is not limited to, making available to callers, upon
request , information contained in the Directory Assistance Database. Directory Assistance
Service includes, where available, the option to complete the call at the caller s direction.
Directory Listings" or "Listings" are any information identifying the listed names of subscribers
of a Telecommunications Carrier and such subscribers' telephone numbers , addresses, or
primary advertising classifications (as such classifications are assigned at the time of the
establishment of such service), or any combination of such listed names, numbers, addresses
or classifications: (1) that the Telecommunications Carrier provides or uses for the purpose of
publishing the Listings in any directory format; or (2) that the Telecommunications Carrier
provides or uses in Directory Assistance Service, Directory Assistance List Service , or for other
lawful purposes.
Disturber" is defined as a technology recognized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1x affects DSL).
DSX Panel" means a cross connect bay or panel used for the termination of equipment and
facilities operating at digital rates.
Due Date" means the specific date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
Effective Date" shall have the meaning set forth in Section 5.
Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
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Electronic File Transfer" means any system or process that utilizes an electronic format and
protocol to send or receive data files.
Emergency Service Number" or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical
service) designed to serve a specific range of addresses within a particular geographical area.
The ESN facilitates Selective Routing and transfer, if required , to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
Enhanced Services" means any service offered over Common Carrier transmission facilities
that employ computer processing applications that act on the format, content, code , protocol or
similar aspects of a subscriber s transmitted information; that provide the subscriber with
additional , different or restructured information; or involve End User Customer interaction with
stored information.
Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0.
Environmental Hazard" means any substance the presence, use , transport, abandonment or
disposal of which (i) requires investigation , remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health
, '
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
Exchange Access" (IntraLATA Toll) as used in Section 7 is defined in accordance with Qwest'
current IntraLATA Toll serving areas, as determined by Qwest's state and interstate Tariffs and
excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as
used in the remainder of this Agreem~nt shall have the meaning set forth in the Act.
Exchange Message Interface" or "EMI" means the format used for exchange
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
Exchange Message Record" or "EMR" is the standard used for exchange of
telecommunications message information between telecommunications providers for billable
non-billable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0
CRIS Exchange Message Record , a Telcordia document that defines industry standards for
exchange message records.
Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Calling Area as defined in Qwest's Southern Idaho
and Northern Idaho Exchange and Network Services Catalogs.
FCC" means the Federal Communications Commission.
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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 definition, the
term "affiliate" is defined by 47 U.C. ~ 153(1).
Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
Finished Services" means complete end-to-end services offered by Owest to wholesale
customers or retail End User Customers. Finished Services do not include Unbundled Network
Elements or combinations of Unbundled Network Elements. Finished Services include Access
Services, private lines , retail services, and resold services.
Firm Order Confirmation" or "FOC" means the notice Owest provides to CLEC to confirm that
CLEC's Local Service Order (LSR) has been received and has been successfully processed.
The FOC confirms the schedule of dates committed to by Owest for the Provisioning of the
service requested.
Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity
between the networks of service providers that are not directly connected to each other; or (ii)
provides third party database services such as LlDB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I.
Information Service is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a OS 1 level signal.
Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end-
to-end digital connectivity for the transmission of voice or data on either or both bearer channels
and packet data on the data channel. Primary Rate ISDN (PRI) provides for twenty-three (23)
bearer channels and one (1) data channel. For BRI , the bearer channels operate at 64 Kbps
and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or
5 Mbps.
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Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffic Exchange
Access and Jointly Provided Switched Access traffic.
Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and
CLEC for Interconnection , Unbundled Network Elements or other services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act. When CLEC signs and delivers a copy of this Agreement to Qwest pursuant to the notice
provision of the Agreement, it becomes the Interconnection Agreement between the Parties
pursuant to Section 252(e) of the Act.
Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment 9 IV(K), reprinted in United States v. Am. Tel.
Tel. Co., 552 F. Supp. 131 229 (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
Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party's network with as little
impairment of quality, reliability and convenience to the customer as possible , but does not
comply with the Local Number Portability performance criteria set forth in 47 C.R. Section
52.23(a).
lnterLATA Traffic" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area,
Interoperability" means the ability of a Qwest ass Function to process seamlessly (i.e" without
any manual intervention) business transactions with CLEC's ass application , and vice versa,
by means of secure exchange of transaction data models that use data fields and usage rules
that can be received and processed by the other Party to achieve the intended ass Function
and related response. (See also Electronic Bonding.
lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area.
LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code
shown in the LERG from one Carrier to another Carrier.
Line Information Database" or "LlDB" shall have the meaning as set forth in Section 9.15.
Line Side" refers to End Office Switch connections that have been programmed to treat the
circuit as a local line connected to a terminating station (e., an End User Customer
telephone station set, a PBX, answering machine, facsimile machine or computer).
Local Access Transport Area" or "LATA" is as defined in the Act.
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Local Calling Area" is as defined in Owest's Southern Idaho and Northern Idaho Exchange and
Network Services Catalogs.
Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
definition of suc;h term.
Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends
from CLEC's Switch location or Point of Interconnection (POI) to the Owest Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the Owest Serving
Wire Center,
Local Interconnection Service" or "LIS" is the Owest product name for its provision of
Interconnection as described in Section 7 of this Agreement.
Local Number Portability" or "LNP" shall have the meaning set forth in Section 10.
Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billing processes for ordering local services.
Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services,
Location Routing Number" or "LRN" means a unique ten (10)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number, Based on the Location Routing Number, the querying Carrier
then routes the call to the Switch serving the ported number. The term "LRN" may also be used
to refer to a method of LNP.
Long Distance Service (see "Interexchange Service
Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.
Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the
following:
aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals
(multiplexing);
disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals
demultiplexing);
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aggregates a specified number of signals or channels to fewer channels (concentrating);
performs signal conversion, including encoding of signals (e., analog to digital and
digital to analog signal conversion); or
in some instances performs electrical to optical (EtO) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals orCentral Offices.
Main Distribution Frame" or "MDF" means a Qwest distribution frame (e,, COSMICTM frame)
used to connect Qwest cable pairs and line and trunk equipment terminals on a Qwest switching
system.
Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Network Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionality of facilities.
Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by Qwest. Basic Maintenance of Service charges apply when the Qwest technician
performs work during standard business hours. Overtime Maintenance of Service charges
apply when the Qwest technician performs work on a business day, but outside standard
business hours , or on a Saturday. Premium Maintenance of Service charges apply when the
Qwest technician performs work on either a Sunday or Qwest recognized holiday.
Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carrier s responsibility for service begins and the
other Carrier s responsibility ends.
Meet-Point Billing" or "MPB" or "Jointly Provided Switcheq Access" refers to an arrangement
whereby two (2) LECs (including a LEC and CLEC) jointly provide Switched Access Service to
an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the
revenues from the IXC as defined by their effective access Tariffs.
Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
Miscellaneous Charges" means charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by Qwest, as described in this Agreement.
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
vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
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Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special
Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access
service provided by two (2) or more LECs (including a LEC and a CLEC), or by one (1) LEC in
two (2) or more states within a single LATA.
Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as
Special Report SR STS-002643 , establishes recommended guidelines for processing orders for
access service which is to be provided by two (2) or more LECs (including a LEC and a CLEC).
It is published by Telcordia Technologies as SRBDS 00983.
1 Carrier" means the Carrier in the call routing process immediately preceding the
terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
National Emergency Number Association" or "NENA" is an association which fosters the
technological advancement, availability and implementation of 911 Service nationwide through
research, planning, training, certification, technical assistance and legislative representation.
Near Real Time" means that Qwest's ass electronically receives a transaction from CLEC,
automatically processes that transaction, returns the response to that transaction to CLEC in an
automatic event driven manner (without manual intervention) via the interface for the ass
function in question. Except for the time it takes to send and receive the transaction between
Qwest's and CLEC's ass application , the processing time for Qwest's representatives should
be the same as the processing time for CLEC's representatives. Current benchmarks using
TCIF 98-006 averages between two (2) and four (4) seconds for the connection and an average
transaction transmittal. The specific agreed metrics for Near Real Time transaction processing
will be contained in the Performance Indicator Definitions (PIDs), where applicable.
Network Element" is a facility or equipment used in the provision of Telecommunications
Service. It also includes features , functions , and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases , signaling systems , and
information sufficient for Billing and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
Network Interface Device" or "NID" is a Network Element (including all of its features , functions
and capabilities) that includes any means of Interconnection of End User Customer premises
wiring to Qwest's distribution plant, such as a cross connect device used for that purpose.
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New Service Provider" means the Party to which an End User Customer switches its local
Exchange Service or the Party to which an End User Customer is porting its telephone
number(s).
911 Service" shall have the meaning set forth in Section 10.
911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 1 0,
Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
R. 9 51.319(a)(4)(i) for DS1 Loops and 47 C.R. 9 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.R. 9
51.319(e)(3) and subject to the limitations of 47 C.R. 9 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.R. 9 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport.
North American Numbering Council" or "NANC" means the federal advisory committee
chartered by the FCC to analyze, advise, and make recommendations on numbering issues.
North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.
territories in the North American Numbering Plan area.
Numbering Plan Area" or "NPA" is also sometimes referred to as an area code, It is a unique
three-digit indicator that is defined by the "
" "
B" and "C" digits of each 1 O-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA " also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs , 700, and 900 are
examples of Non-Geographic NPAs,
NXX
" "
NXX Code
" "
Central Office Code " or "CO Code" is the three (3)-digit Switch entity
code which is defined by the "
" "
E" and "F" digits of a ten (10)-digit telephone number within
the NANP.
Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12,
Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billing.
Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, Le., originating screening and routing translation.
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01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning
standard with the statistical probability of no more than one (1) call in one hundred (100)
blocked on initial attempt during the average busy hour.
POTS" means plain old telephone service.
Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e., x., x.75, frame relay, ATM , and IP).
Parity" means the provision of non-discriminatory access to Interconnection, Resale
Unbundled Network Elements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible , the access provided by Qwest will be provided in "substantially the
same time and manner" to that which Qwest provides to itself, its End User Customers, its
Affiliates or to any other party.
Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC.
Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutesto the sum of local and IntraLATA Toll minutes sent between the Parties over Local
Interconnection trunks. Directory Assistance Services , CMRS traffic, transiting calls from other
LECs and Switched Access Services are not included in the calculation of PLU.
Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
Physical Collocation" shall have the meaning set forth in Section 8,
Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC.
Point of Interface
, "
Point of Interconnection " or "POI" is a demarcation between the networks
of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of
traffic takes place.
Point of Presence" or "POP" means the Point of Presence of an IXC.
Pole Attachment" shall have the meaning set forth in Section 10.
Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Central Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilities connected to the Central Office Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Customer s network address.
Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
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Premises" refers to Qwest's Central Offices and Serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilities; all
structures that house Qwest facilities on public rights-of-way, including but not limited to vaults
containing Loop Concentrators or similar structures; and all land owned , leased, or otherwise
controlled by Qwest that is adjacent to these Central Offices , Wire Centers, buildings and
structures.
Product Catalog" or "PCA T" is a Qwest document that provides information needed to request
services available under this Agreement. Qwest agrees that CLEC shall not be held to the
requirements of the PCAT. The PCAT is available on Qwest's web site:
http://www.qwest.com/whoiesale/pcat!
Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in
section 9., including out of hours coordination.
Proof of Authorization" or "POA" shall consist of verification of the End User Customer
selection and authorization adequate to document the End User Customer s selection of its localservice provider.
Proprietary Information" shall have the same meaning as Confidential Information.
Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services or Unbundled Network
Elements or combinations thereof from the other with attendant acknowledgments and status
reports.
Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same
number of digits as ANI, that is not a NANP telephone directory number and may be used in
place of an ANI to convey special meaning, determined by agreements, as necessary, between
the system originating the call, intermediate systems handling and routing the call, and the
destination system.
Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio , provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone ExchangeService.
Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when
Qwest has completed all operational work in accordance with CLEC Application and makes
functional space available to CLEC. Such work includes, but is not necessarily limited to:
power (fuses available, Battery Distribution Fuse Board (BDFB) is powered , and cables
between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,
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and circuit terminations (e., fiber jumpers are placed between the outside plant fiber
distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by CLEC for
Provisioning by the RFS date.
Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF , the old service provider s switch will route the End User
Customer s calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service provider s switch. The new
service provider then completes the routing of the call to its new End User Customer.
Remote Premises" means all Qwest Premises, other than Qwest Wire Centers or adjacent to
Qwest Wire Centers. Such Remote Premises include controlled environmental vaults
controlled environmental huts , cabinets, pedestals and other Remote Terminals.
Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point
between the End User Customer and Qwest's Central Office, where Loops are aggregated and
hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may
contain active electronics such as digital loop carriers, fiber hubs, DSLAMs , etc.
Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of
reselling those Telecommunications Services to their End User Customers.
Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User
Customer s future use.
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.
Scheduled Issued Date" or "SID" means the date the order is entered into Qwest'' order
distribution system.
Selective Router" means the equipment necessary for Selective Routing.
Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibility for the service address of the caller, irrespective of telephone company exchange
or Wire Center boundaries. Selective Routing may also be used for other services.
Service Date" or "SO" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date.
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Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state-specific number.
Serving Wire Center" denotes the Wire Center from which dial tone for local Exchange Service
would normally be provided to a particular End User Customer premises.
Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
Spectrum Compatibility" means the capability of two (2) copper loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
Splitter" means a device used in conjunction with a DSLAM either to combine or separate the
high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and
data over a single Loop.
Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section
12.
Subloop" shall have the meaning set forth in Section 9.
Suspended Lines" means subscriber lines that have been temporarily disconnected.
Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
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Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0 , 8XX
access, and 900 access and their successors or similar Switched Access Services.
Switched Access Traffic," as specifically defined in Qwest's interstate Switched Access Tariffs
is traffic that originates at one of the Party s End User Customers and terminates at an IXC
Point of Presence, or originates at an IXC Point of Presence and terminates at one of the
Party's End User Customers, whether or not the traffic transits the other Party's network.
Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI"
Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs
price lists, and price schedules.
Technically Feasible" Interconnection, access to Unbundled Network Elements , Collocation
and other methods of achieving Interconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
Interconnection, access , or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Billing, space , or site concerns, except that space and
site concerns may be considered in circumstances where there is no possibility of expanding
the space available. The fact that an incumbent LEC must modify its facilities or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reliability impacts must prove to the Commission by clear and convincing evidence that
such Interconnection, access, or methods would result in specific and significant adverse
network reliability impacts.
Telecommunications" means the transmission, between or among points specified by the user
of information of the user s choosing, without change in the form or content of the information as
sent and received.
Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellite service shall be treated as common carriage,
Telecommunications Equipment" means equipment other than Customer Premises
Equipment, used by a Carrier to provide Telecommunications Services, and include software
integral to such equipment, including upgrades.
Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public
regardless of the facilities used.
Telephone Exchange Service" means a service within a telephone exchange , or within a
connected system of tel~phone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
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single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches , transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
TELRIC" means Total Element Long-Run Incremental Cost.
Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four (4) Fiber-
based Collocators , at least thirty-eight thousand (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 three (3) Fiber-based Collocators, at least twenty-four thousand (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.
Toll Free Service" means service provided with any dialing sequence that invokes Toll Free
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll FreeService 800/888/877/866 NPA SAC codes.
Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data
related field rules, format, structure, syntax, attributes , segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
another. Some business function events, e., pre-order inquiry and response are defined as
complimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
Trouble Isolation Charge" - see "Maintenance of Service.
Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
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 this Agreement. Unbundled
Network Elements do not include those Network Elements Qwest is obligated to provide only
pursuant to Section 271 of the Act.
UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or connected in Qwest's network, as required by the
FCC , the Commission or this Agreement.
Virtual Collocation" shall have the meaning set forth in Sections 8.1 and 8,
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Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications
Services provided to low-income subscribers, pursuant to requirements established by the
Commission or the FCC.
Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded , scrapped or recycled , associated with activities CLEC or Owest or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers , containers
garbage, scrap, residues or by products), except for substances and materials that CLEC
Owest or their respective contractors or agents intend to use in their original form in connection
with similar activities, are Waste. Waste shall not include substances, materials or components
incorporated into structures (such as cable routes) even after such components or structures
are no longer in current use.
Wire Center" means the location of a Owest local switching facility containing one or more
Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located.
Wired and Office Tested Date" or "WOT" means the date by which all intraoffice wiring is
completed , all plug-ins optioned and aligned, frame continuity established , and the interoffice
facilities, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
Work Locations" means any real estate that CLEC or Owest, as appropriate, owns, leases or
licenses , or in which it holds easements or other rights to use, or does use , in connection with
this Agreement.
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there, The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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Section 5.0 - TERMS AND CONDITIONS
General Provisions
Intentionally Left Blank.
The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service
prevents other Persons from using their service , or otherwise impairs the quality of service to
other Carriers or to either Party s End User Customers. In addition , neither Party s provision of
or use of services shall interfere with the services related to or provided under this Agreement.
If such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption , that Party shall provide immediate notice by email to the
other Party s designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party s facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
If the impairment is service impacting but does not meet the parameters
set forth in Section 5,, such as low level noise or other interference , the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1. The Parties
shall work cooperatively and in good faith to resolve their differences, If the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance , and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
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3.4 It is the responsibility of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
The Parties shall work cooperatively to minimize fraud associated with third-
number billed calls, calling card calls , and any other services related to this Agreement.
Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules , regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
Owest shall not assess any charges against CLEC for services, facilities, Unbundled Network
Elements, ancillary services and other related work or services covered by this Agreement
unless the charges are expressly provided for in this Agreement. All services and capabilities
currently provided hereunder (including resold Telecommunications Services, Unbundled
Network Elements UNE Combinations and ancillary services) and all new and additional
services or Unbundled Network Elements to be provided hereunder, shall be priced
accordance with all applicable provisions of the Act and the rules and orders of the Federal
Communications Commission and orders of the Commission.
Term of Agreement
This Agreement shall become effective on the date of Commission Approval.
This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire
on May 1 2010,
Upon expiration of the term of this Agreement, this Agreement shall continue in
full force and effect until superseded by a successor agreement in accordance with this Section
2.2. Any Party may request negotiation of a successor agreement by written notice to the
other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term , or
the Agreement shall renew on a month to month basis. The date of this notice will be the
starting point for the negotiation window under Section 252 of the Act. This Agreement will
terminate on the date a successor agreement is approved by the Commission.
2.2.Prior to the conclusion of the term specified above , CLEC may obtain
Interconnection services under the terms and conditions of a then-existing SGAT or
agreement to become effective at the conclusion of the term or prior to the conclusion of
the term if CLEC so chooses.
Proof of Authorization
Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable federal and state law, as amended from time to
time.
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The Parties shall make POAs available to each other upon request in the event
of an allegation of an unauthorized change in accordance with all Applicable Laws and rules
and shall be subject to any penalties contained therein.
Payment
5.4,Amounts payable under this Agreement are due and payable within thirty (30)
Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice date is the same as if the invoice were billed on paper, not the
date the electronic delivery occurs. If either Party fails to make payment on or before the
Payment Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services , less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Billing Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for the
services. If the Billing Party does not refuse to accept additional orders for the services on the
date specified in the ten (10) business days' notice, and the other Party's non-compliance
continues, nothing contained herein shall preclude the Billing Party s right to refuse to accept
additional orders for the services from the non-complying Party without further notice. For order
processing to resume, the billed Party will be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billing Party may
require a deposit (or additional deposit) from the billed Party, pursuant to this section.
addition to other remedies that may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.The Billing Party may disconnect services for failure by the billed Party to make
full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this
Agreement, for the services provided under this Agreement within sixty (60) Days following the
payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party
will notify the billed Party at least ten (10) business days prior to disconnection of the service(s).
In case of such disconnection, all applicable undisputed charges, including termination charges
shall become due. If the Billing Party does not disconnect the billed Party s service(s) on the
date specified in the ten (10) business days' notice , and the billed Party s noncompliance
continues , nothing contained herein shall preclude the Billing Party s right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
billed Party will be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billing Party will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to
this Section, If the billed Party is a new GLEG customer of Qwest, the application of this
provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not
apply to amounts billed during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Party reserves the right to seek equitable relief, including
injunctive relief and specific performance.
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5.4.4 Should GLEG or Qwest dispute, in good faith, any portion of the charges under
this Agreement, the Parties will notify each other in writing within fifteen (15) Days following the
payment due date identifying the amount, reason and rationale of such dispute. At a minimum
GLEG and Qwest shall pay all undisputed amounts due. Both GLEG and Qwest agree to
expedite the investigation of any disputed amounts, promptly provide reasonably requested
documentation regarding the amount disputed , and work in good faith in an effort to resolve and
settle the dispute through informal means prior to invoking any other rights or remedies.
5.4.4.If a Party disputes charges and does not pay such charges by the
payment due date , such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Billing
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bill Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billing
Party shall credit the bill of the disputing Party for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bill
Date after the resolution of the dispute. If a Party pays the disputed charges and the
dispute is resolved in favor of the Billing Party, no further action is required.
5.4.4.If a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required. If a Party pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4 , and the
dispute is resolved in favor of the disputing Party, the Billing Party will adjust the Billing,
usually within two (2) Billing cycles, after the resolution of the dispute, as follows: '
(1) the Billing Party will credit the Billed Party s bill for the disputed amount and
any associated interest; or
(2) if the disputed amount is greater than the bill to be credited, pay the
remaining amount to Billed Party.
(3) The interest calculated on the disputed amounts will be the same rate as late
payment charges. In no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.If the Billed Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared , adjustment will be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.In the event of a material adverse change in GLEG'financial condition
subsequent to the Effective Date of this Agreement, Qwest may request a security deposit. A
material adverse change in financial condition" means GLEG is a new GLEG with no
established credit history, or is a GLEG that has not established satisfactory credit with Qwest
or the Party is repeatedly delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders by Qwest due to a
previous failure to pay undisputed charges in a timely manner. Qwest may require a deposit to
be held as security for the payment of charges before the orders from GLEG will be provisioned
and completed or before reconnection of Service. "Repeatedly delinquent" means any payment
of a material amount of total monthly Billing under the Agreement received after the Payment
Due Date, three (3) or more times during the last twelve (12) month period. The initial deposit
may not exceed the estimated total monthly charges for a two (2) month period based upon
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recent Billing. The deposit may be adjusted by CLEC's actual monthly average charges
payment history under this Agreement, or other relevant factors, but in no event will the security
deposit exceed five million dollars ($5 000 000.00). The deposit may be an irrevocable bank
letter of credit, a letter of credit with terms and conditions acceptable to Qwest, or some other
form of mutually acceptable security such as a cash deposit. Required deposits are due and
payable within thirty (30) Days after demand and non-payment is subject to Sections 5.4.2 and
5.4.3 of this Agreement.
5.4.6 Interest will be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest will be credited to
CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the term of the
Agreement or the establishment of satisfactory credit with Qwest, which will generally be one full
year of timely payments of undisputed amounts in full by CLEC. Upon a material change in
financial standing, including factors referenced in Section 5.4,5 above, CLEC may request and
Qwest will consider a recalculation of the deposit. The fact that a deposit has been made does
not relieve CLEC from any requirements of this Agreement.
5.4.Qwest may review CLEC's credit standing and modify the amount of deposit
required but in no event will the maximum amount exceed the amount stated in 5.4.5 or another
amount, if approved by the Commission.
5.4.The late payment charge for amounts that are billed under this Agreement shall
be in accordance with Commission requirements.
5.4.CLEC shall be responsible for notifying its End User Customers of any pending
disconnection of a service by CLEC , if necessary, to allow those End User Customers to make
other arrangements for such services.
Taxes
Any federal, state, or local sales , use, excise, gross receipts, transaction or
similar taxes, fees or surcharges resulting from the performance of this Agreement shall be
borne by the Party upon which the obligation for payment is imposed under Applicable Law
even if the obligation to collect and remit such taxes is placed upon the other Party. However
where the selling Party is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Party, such taxes , fees or surcharges shall be borne by the Party purchasing the
services. Each Party is responsible for any tax on its corporate existence, status or income.
Whenever possible, these amounts shall be billed as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption , the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided , no exemptions will be applied. If either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party s challenge
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest
provided that the Contesting Party is liable for and has paid the tax contested.
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5:6 Insurance
Each Party shall at all times during the term of this Agreement, at its own cost
and expense , carry and maintain the insurance coverage listed below with insurers having a
Best'" rating of A-VII with respect to liability arising from that Party s operations for which that
Party has assumed legal responsibility in this Agreement. If either Party or its parent company
has assets equal to or exceeding $10,000 000 000 (ten billion dollars), that Party may utilize an
Affiliate captive insurance company in lieu of a "Best'" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10 000,000 000 (ten billion dollar) asset
threshold , such parent shall be responsible for the insurance obligations contained in this
Section 5., to the extent its affiliated Party fails to meet such obligations.
1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than $100 000 (one
hundred thousand dollars) each accident.
Commercial General Liability insurance covering claims for bodily injury,
death , personal injury or property damage occurring or arising out of the use or
occupancy of the premises , including coverage for independent contractor s protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party hereunder. The limits of insurance shall not be less than $1 000 000 (one
million dollars) each occurrence and $2 000 000 (two million dollars) general aggregate
limit.
Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than $1 000 000 (one million dollars) per occurrence for bodily injury and property
damage.1.4 Umbrella/Excess Liability insurance in an amount of $10 000 000 (ten
million dollars) excess of Commercial General Liability insurance specified above.
These limits may be obtained through any combination of primary and excess
umbrella liability insurance so long as the total limit is $11 000 000 (eleven million
dollars ).5 "All Risk" Property coverage on a full replacement cost basis insuring all
of CLEC personal property situated on or within the Premises or Remote Premises.
Each Party will initially provide certificate(s) of insurance evidencing coverage
and thereafter will provide such certificate( s) upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability coverage; (2) provide
thirty (30) Days prior written notice of cancellation of the policy(s) to which certificate(s) relate;
(3) indicate that coverage is primary and not excess of, or contributory with , any other valid and
collectible insurance purchased by the other Party; and (4) acknowledge severability of
interest/cross liability coverage.
Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
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without limitation , acts of nature, acts of civil or military authority, government regulations
embargoes, epidemics, terrorist acts , riots, insurrections , fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages , power blackouts , volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event),
Inability to secure products or services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Party s control and
without that Party s fault or negligence. The Party affected by a Force Majeure Event shall give
prompt notice to the other Party, shall be excused from performance of its obligations hereunder
on a day to day basis to the extent those obligations are prevented by the Force Majeure Event
and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
Limitation of Liability
Each Party s liability to the other Party for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract , warranty, strict
liability, or tort, including (without limitation) negligence of any kind , shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party s liability to the
other Party for any other losses shall be limited to the total amounts charged to CLEC under this
Agreement during the contract year in which the cause accrues or arises. Payments pursuant
to the QPAP shall not be counted against the limit provided for in this Section,
Neither Party shall be liable to the other for indirect, incidental, consequential , or
special damages , including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result. If the Parties enter
into a Performance Assurance Plan under this Agreement, nothing in this Section 5.2 shall
limit amounts due and owing under any Performance Assurance Plan.
Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) willful or intentional misconduct or (ii) damage to tangible real or personal property
proximately caused solely by such Party s negligent act or omission or that of their respective
agents, subcontractors , or employees.
Nothing contained in this Section 5.shall limit either Party s obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party s liability for
failing to make any payment due under this Agreement.
Intentionally Left Blank.
Indemnity
The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations between and among the Parties:
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Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers , directors , employees and agents (each
an Indemnitee) from and against and in respect of any loss, debt, liability, damage
obligation , claim, demand, judgment or settlement of any nature or kind , known or
unknown , liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered , made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, resulting from the Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.1.2 In the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Party, unless the loss was caused by the
willful misconduct of the Indemnified Party, The obligation to indemnify with respect to
claims of the Indemnifying Party s End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees
contractors, agents, or other representatives of the Indemnified Party.
Intentionally Left Blank.
1.4 Intentionally Left Blank.
The indemnification provided herein shall be conditioned upon:
The Indemnified Party shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Party relating to the indemnification. Failure to so
notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party's ability to defend such claim.
If the Indemnifying Party wishes to defend against such action, it shall
give written notice to the Indemnified Party of acceptance of the defense of such action.
In such event, the Indemnifying Party shall have sole authority to defend any such
action , including the selection of legal counsel , and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense, In the event that the
Indemnifying Party does not accept the defense of the action , the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
In no event shall the Indemnifying Party settle or consent to any judgment
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pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
Intellectual Property
10,Except for a license to use any facilities or equipment (including software) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to Interconnection and access to Telecommunications facilities and
services , nothing contained within this Agreement shall be construed as the grant of a license
either express or implied , with respect to any patent, copyright, trade name, trade mark, service
mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
10.Subject to Section 5., each Party (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the Indemnifying Party or services
provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party.
addition to being subject to the provisions of Section 5., the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a) any combination
of the facilities or services of the Indemnifying Party with facilities or services of any other
Person (including the Indemnified Party but excluding the Indemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b)
any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party. In the event of
any claim , the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility
service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
10.To the extent required under applicable federal and state law, Owest shall use its
best efforts to obtain , from its vendors who have licensed intellectual property rights to Owest in
connection with facilities and services provided hereunder, licenses under such intellectual
property rights as necessary for GLEG to use such facilities and services as contemplated
hereunder and at least in the same manner used by Owest for the facilities and services
provided hereunder. Owest shall notify GLEG immediately in the event that Owest believes it
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has used its best efforts to obtain such rights, but has been unsuccessful in obtaining suchrigh~.
10.Owest covenants that it will not enter into any licensing agreements with
respect to any Owest facilities, equipment or services , including software , that contain
provisions that would disqualify CLEC from using or interconnecting with such facilities
equipment or services , including software, pursuant to the terms of this Agreement.
Owest warrants and further covenants that it has not and will not knowingly modify any
existing license agreements for any network facilities, equipment or services, including
software, in whole or in part for the purpose of disqualifying CLEC from using or
interconnecting with such facilities , equipment or services, including software, pursuant
to the terms of this Agreement. To the extent that providers of facilities, equipment
services or software in Qwest's network provide Owest with indemnities covering
intellectual property liabilities and those indemnities allow a flow-through of protection to
third parties, Owest shall flow those indemnity protections through to CLEC.
10.4 Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied , with respect
to any patent, copyright, logo, trademark, trade name , trade secret or any other intellectual
property right now or hereafter owned , controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name , trade secret or other intellectual
property rights of the other Party or its Affiliates without execution of a separate agreement
between the Parties.
10.Neither Party shall without the express written permission of the other Party,
state or imply that: 1) it is connected , or in any way affiliated with the other or its Affiliates; 2) it
is part of a joint business association or any similar arrangement with the other or its Affiliates;
3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials , the resold goods and services are in any way associated with or originated from the
other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials,
10,For purposes of resale only and notwithstanding the above, unless otherwise
prohibited by Qwest pursuant to an applicable provision herein, CLEC may use the phrase
CLEC is a Reseller of Owest Services" (the Authorized Phrase) in CLEC's printed materials
provided:
10.The Authorized Phrase is not used in connection with any goods or
services other than Qwest services resold by CLEC.
10.2 CLEC's use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is Owest.
10.The Authorized Phrase, when displayed, appears only in text form (CLEC
may not use the Qwest logo) with all letters being the same font and point size. The
point size of the Authorized Phrase shall be no greater than one fourth the point size of
the smallest use of CLEC's name and in no event shall exceed 8 point size.
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10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to
Qwest for its prior written approval.
10.If Qwest determines that CLEC's use of the Authorized Phrase causes
End User Customer confusion, Qwest may immediately terminate CLEC's right to use
the Authorized Phrase.
10.Upon termination of CLEC'right to use the Authorized Phrase or
termination of this Agreement, all permission or right to use the Authorized Phrase shall
immediately cease to exist and CLEC shall immediately cease any and all such use of
the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all
materials in its possession or control displaying the Authorized Phrase.
10.Qwest and CLEC each recognize that nothing contained in this Agreement is
intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party will do anything inconsistent with the other
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other,
10.Upon request, for all intellectual property owned or controlled by a third party and
licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under
this Agreement, either on the Effective Date or at any time during the term of the Agreement
Qwest shall within ten (10) business days, unless there are extraordinary circumstances in
which case Qwest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the
name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities or
equipment associated with such intellectual property, (iii) the nature of the intellectual property,
and (iv) the relevant agreements or licenses governing Qwest's use of the intellectual property.
Except to the extent Qwest is prohibited by confidentiality or other provisions of an agreement or
license from disclosing to CLEC any relevant agreement or license within ten (10) business
days of a request by CLEC, Qwest shall provide copies of any relevant agreements or licenses
governing Qwest's use of the intellectual property to CLEC. To the extent Qwest is prohibited
by confidentiality or other provisions of an agreement or license from disclosing to CLEC any
relevant agreement or license, Qwest shall immediately, within ten (10) business days (i)
disclose so much of it as is not prohibited , and (ii) exercise best efforts to cause the vendor
licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the
remaining portions under terms and conditions equivalent to those governing access by and
disclosure to Qwest.
Warranties
11.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE , AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL
FAUL TS.
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12 Assignment
12.Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the Parties' respective successors and assigns,
12.In the event that Qwest transfers to any unaffiliated party exchanges including
End User Customers that CLEC serves in whole or in part through facilities or services provided
by Qwest under this Agreement, the transferee shall be deemed a successor to Qwest'
responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer
or until such later time as the Commission may direct pursuant to the Commission s then
applicable statutory authority to impose such responsibilities either as a condition of the transfer
or under such other state statutory authority as may give it such power. In the event of such a
proposed transfer, Qwest shall use its best efforts to facilitate discussions between CLEC and
the transferee with respect to transferee s assumption of Qwest's obligations pursuant to the
terms of this Agreement.
12.Nothing in this section is intended to restrict CLEC'rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.R. ~ 51.809,
Default
13.If either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
Disclaimer of Agency
14.Except for provisions herein expressly authorizing a Party to act for another
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Party s business.
15 Severability
15.In the event that anyone or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation , the Parties
will negotiate in good faith for replacement language as set forth herein. If any part of this
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Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability will affect only the portion of this Agreement which is invalid or unenforceable.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
Nondisclosure
16,All information , including but not limited to specifications, microfilm, photocopies
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools , technical
information, data , employee records, maps , financial reports, and market data, (i) furnished by
one Party to the other Party dealing with business or marketing plans, End User Customer
specific, facility specific, or usage specific information , other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary , or (iii) communicated and declared to
the receiving Party at the time of delivery, or by written notice given to the receiving Party within
ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
Proprietary Information ), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation,
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward , treat such information as Proprietary Information. To the extent
permitted by Applicable Law , either Party may disclose to the other proprietary or confidential
customer, technical or business information.
16.Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise , except that the
receiving Party may retain one copy for archival purposes,
16.Each Party shall keep all of the other Party s Proprietary Information confidential
and will disclose it on a need to know basis only. Each Party shall use the other Party
Proprietary Information only in connection with this Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.C. 9222. In accordance with Section 222 of
the Act, when either Party receives or obtains Proprietary Information from the other Party for
purposes of providing any Telecommunications Services, that Party shall use such information
only for such purpose, and shall not use such information for its own marketing efforts. Neither
Party shall use the other Party s Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing. Violations of these
obligations shall subject a Party's employees to disciplinary action up to and including
termination of employment. If either Party loses , or makes an unauthorized disclosure of, the
other Party'Proprietary Information , it will notify such other Party immediately and use
reasonable efforts to retrieve the information.
16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary Information as:a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
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by the disclosing Party; or
is or becomes publicly known through no wrongful act of the receiving Party; orc) is rightfully received from a third Person having no direct or indirect secrecy or
confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee , agent, or contractor of the
receiving Party which individual is not involved in any manner with the provision of
services pursuant to the Agreement and does not have any direct or indirect access to
the Proprietary Information; ore) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person s rights; or
is approved for release by written authorization of the disclosing Party; or
g)
is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
16.Nothing ,herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLATA services by Qwest that are or may be required by the Act. The Parties
agree to cooperate with each other in order to seek appropriate protection or treatment of such
Proprietary Information pursuant to an appropriate protective order in any such proceeding.
16.Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
16.Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
16,Nothing herein should be construed as limiting either Party's rights with respect
to its own Proprietary Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
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16.Forecasts provided by either Party to the other Party shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in any form , this
material other than as allowed and described in subsections 5.16.1 and 5.16.9.2.
16,The Parties may disclose, on a need to know basis only, CLEC individual
forecasts and forecasting information disclosed by Owest, to Owest's legal personnel in
connection with their representation of Owest in any dispute regarding the quality or
timeliness of the forecast as it relates to any reason for which CLEC provided it to Owest
under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS
and Collocation product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information. In no case shall
retail marketing, sales or strategic planning have access to this forecasting information.
The Parties will inform all of the aforementioned personnel with access to such
Confidential Information , of its confidential nature and will require personnel to execute a
nondisclosure agreement which states that, upon threat of termination , the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
requirements shall subject the personnel to disciplinary action up to and including
termination of employment.
16.Upon the specific order of the Commission , Owest may provide
the forecast information that CLEC has made available to Owest under this
Agreement, provided that Owest shall first initiate any procedures necessary to
protect the confidentiality and to prevent the public release of the information
pending any applicable Commission procedures and further provided that Owest
provides such notice as the Commission directs to CLEC involved, in order to
allow it to prosecute such procedures to their completion.
16., The Parties shall maintain confidential forecasting information insecure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.1 above and such that no other personnel have
computer access to such information.
Survival
17.Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification , Confidential or Proprietary Information, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation or termination hereof,
Dispute Resolution
5~ 18.The Parties will attempt in good faith to resolve through negotiation any dispute
claim or controversy arising out of, or relating to, this Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business, Each
Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice-
president level employee or a representative with authority to make commitments to review
meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives, and the locations , format
frequency, duration, and conclusions of these discussions will be at the discretion of the
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representatives. By mutual agreement, the representatives may use other procedures to assist
in these negotiations. The discussions and correspondence among the representatives for the
purposes of these negotiations will be treated as Confidential Information (Confidential
Information) developed for purposes of settlement, and will be exempt from discovery and
production, and not be admissible in any subsequent proceedings without the concurrence of
both Parties.
18.If the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence a civil action or regulatory proceeding, as
applicable. Unless the action falls within the exclusive jurisdiction of the Federal
Communications Commission or the state Public Utilities Commission , any action will be
brought in the United States District Court for the District of Colorado if it has subject matter
jurisdiction over the action , and shall otherwise be brought in the Denver District Court for the
State of Colorado. The Parties agree that such courts have personal jurisdiction over them.
18.Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law , knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
18.4 No cause of action , including disputes raised pursuant to Section 5.4.4
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Party more than two (2) years after the cause of action arises.
18.Intentionally Left Blank.
18.Intentionally Left Blank.
18.Intentionally Left Blank.
18.Intentionally Left Blank.
18.Intentionally Left Blank.
Controlling Law
19.This Agreement is offered by Qwest and accepted by CLEC in accordance with
applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance
with applicable federal law and the state law of Idaho.
Responsibility for Environmental Contamination
20.Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers
directors and employees from and against any losses, damages, claims, demands, suits
liabilities , fines, penalties and expenses (including reasonable attorneys' fees) that arise out of
or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
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5.20.In the event any suspect materials within Owest-owned, operated or leased
facilities are identified to be asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC activities
will be in accordance with applicable local , state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by CLEC or
equipment placement activities that result in the generation of asbestos-containing material
CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any
liability for, or in connection with , any asbestos-containing material. Owest agrees to
immediately notify CLEC if Owest undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel , equipment or operations , including, but
not limited to, contamination of equipment
Notices
21.Any notices required by or concerning this Agreement shall be in writing and
shall be suffici~ntly given if delivered personally, delivered by prepaid overnight express service
or sent by certified mail , return receipt requested , or by email where specified in this Agreement
to Owest and CLEC at the addresses shown below:
Qwest Corporation
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Email: intaaree(CQqwestcom
Phone: 303-965-3029
Fax: 303-896-7077
With CODY to:
Owest Law Department
Attn: Corporate Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
and to CLEC:
WTI , LLC
Attention: Robert Manning, CEO
22722 29th Drive S.
Bothell , WA 98021
Phone: 425-949-0044
Fax:
Email: rmaninq(CQwtillc.com
With CODY to:
WTI , LLC
Attention: Marcos Melendez, Manager
22722 29th Drive S.
Bothell, WA 98021
Phone: 206-849-5777
Fax: 425-415-8370
Email: mmelendez~wtillc,com
If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.
Responsibility of Each Party
22.Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
Party will be solely responsible for proper handling, storage , transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
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assume control over at Work Locations, and (ii) Waste resulting there from or otherwise
generated in connection with its or its contractors' or agents ' activities at the Work Locations.
Subject to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and property, real or personal , and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party s obligations hereunder.
No Third Party Beneficiaries
23.The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement will not provide any Person not a Party to this Agreement with
any remedy, claim , liability, reimbursement, claim of action , or other right in excess of those
existing by reference in this Agreement.
Intentionally Left Blank
Publicity
25.Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party s ability to issue public statements with
respect to regulatory or judicial proceedings.
Executed in Counterparts
26.This Agreement may be executed in any number of counterparts , each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
Compliance
27.Each Party shall comply with all applicable federal, state, and local laws , rules
and regulations applicable to its performance under this Agreement. Without limiting the
foregoing, Owest and GLEG agree to keep and maintain in full force and effect all permits
licenses, certificates , and other authorities needed to perform their respective obligations
hereunder.
28 Compliance with the Communications Assistance Law Enforcement Act of
1994
28.Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party's sole cost and expense
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply with GALEA.
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Cooperation
29.The Parties agree that this Agreement involves the provision of Qwest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance
Provisioning and Billing and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section 12 of this Agreement.
Amendments
30.Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
30.Intentionally Left Blank.
30.The provisions of this Agreement, including the provisions of this sentence, may
not be amended , modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement 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,
Entire Agreement
This Agreement (including the documents referred to herein and any amendments to the
Agreement) constitutes the full and entire understanding and agreement between the Parties
with regard to the subjects of this Agreement 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 this Agreement.
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Section 6
Resale
Section 6.0 - RESALE
Description
Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and will include terms and conditions
(except prices) in Qwest's applicable product Tariffs, catalogs, price lists , or other retail
Telecommunications Services offerings. To the extent, however, that a conflict arises between
the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications
Services offering and this Agreement, this Agreement shall be controlling.
While this Section 6,0 of this Agreement addresses the provision of certain
Qwest services to CLEC for resale by CLEC , the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon
request by Qwest, CLEC shall make" its Telecommunications Services available to Qwest for
resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC'
relevant orders and rules , and the Commission s relevant orders and rules.
Certain Qwest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
Terms and Conditions
Qwest shall offer introductory training on procedures that CLEC must use to
access Qwest's ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC'
location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest
may also offer to CLEC other training at reasonable costs.
Services available for resale under this Agreement may be resold only to the
same class of End User Customers to which Qwest sells such services where such restrictions
have been ordered or approved by the Commission. Such restrictions are listed below in this
Section 6.
Promotional offerings of ninety (90) Days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that are
available to Qwest retail End User Customers, with no wholesale discount. Should
Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period
following the initial ninety (90) Day or less promotion period , then the initial and
subsequent promotion(s) will be available to CLEC for resale with any applicable
wholesale discount.
Market trials of ninety (90) days or less are not available for resale.
Residential services, and telephone assistance plans (TAP), including but
not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by
CLEC only to the same class of End User Customers eligible to purchase these services
from Qwest.
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If CLEC is an Eligible Telecommunications Carrier (ETC) it must
secure TAP credits directly from the appropriate federal or state agency(ies) as
Qwest will not collect TAP credits on an ETC's behalf.
If CLEC is not an ETC and CLEC wishes to resell TAP services
CLEC shall certify pursuant to 47 C.R. ~ 54.417 that it complies with all FCC
and any applicable state requirements governing TAP programs. CLEC shall
complete and provide such certification to Qwest before GLEC purchases TAP
services for resale, and shall re-certify annually, The certification form and
instructions are provided at Qwest's web site in the Resale General Product
Catalog. Use of the Qwest certification form is mandatory to demonstrate
compliance with the requirements of this Section.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each local
Exchange Service line resold by CLEC whenever E911/911 service would be provided
on the same line if provided by Qwest to a Qwest retail End User Customer.
2.2.Inside wiring maintenance plans are available for resale at Qwest retail
rates with no wholesale discount. Other non-Telecommunications Services such as
inside wiring installation, calling cards and CPE, are not available for resale.
6.2.Voice messaging service is available for resale at the retail rate with no
discount. Enhanced Services and information services, other than voice messaging, are
not available for resale.
Qwest will make retail Contract Service Arrangements (CSA) available for
resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms
and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other
retail Telecommunications Services offerings will apply to resale of CSAs, including early
termination liability. Nothing in this Agreement shall affect any obligation of any Qwest
retail End User Customer that early terminates a CSA, including payment of any early
termination charges. Where CLEC seeks to continue serving an End User Customer
presently served through a resold Qwest CSA, but wishes to provide such service
through alternate resale arrangements, Qwest shall provide CLEC the same waivers of
early termination liabilities as it makes to its own End User Customers in similar
circumstances. In any case where it is required to offer such a waiver, Qwest shall be
entitled to apply provisions that provide Qwest substantially the same assurances and
benefits that remained to it under the resold agreement as of the time it is changed.
Grandfathered services are available for resale by CLEC to existing End
User Customers of the grandfathered product or service.
Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features will be based on the
Centrex definition of a system and GLEC's serving location.
Where a common block is applicable, a Centrex system
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Office switching system. A common block defines the
dialing plan for intercom calling, access to the Public Switched Network and/or
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private facilities, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a single Central Office switching system when CLEC requires different
dialing plans, feature access arrangements and station line or system restrictions
within a single system operation. CLEC with multiple common blocks within the
same Central Office Switch may have netWork access register and private facility
trunk groups aggregated across multiple common blocks, Centrex system based
optional features (i.e., Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
one (1) location and may provide station lines to multiple locations.
Centrex station lines are provisioned and charges are calculated
based on serving CLEC's location. A location is defined as the site where Qwest
facilities (cable plant from the serving Central Office Switch) meet CLEC facilities
(inside wire). In a multi-tenant building, Qwest may bring facilities directly to a
single Point of Interconnection with CLEC facilities, typically in a basement
equipment room, which would be considered a single location for this multi-
tenant building. Should Qwest bring service to multiple floors or offices within a
multi-tenant building each floor or office with a separate CLEC facilities
termination point is considered a location. Where CLEC has multiple buildings
within contiguous property (campus), such buildings will be provisioned and billed
as a single location. Contiguous property is defined as property owned or leased
by CLEC and not separated by public thoroughfare, river or railroad rights-of-way. Property will be considered contiguous when connected via connecting
passageways or conduit acceptable to Qwest for its facilities. Where CLEC has
Centrex station lines from multiple Central Office switching systems, within the
same Qwest Wire Center, and provisioned to the same location, CLEC will not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single CLEC Centrex system to a single CLEC serving location for rating
purposes. CLEC may not specify a Central Office as a CLEC location for the
termination of Centrex station lines.10 Private line service used for Special Access is available for resale but not
at a discount.
Intentionally Left Blank.
6.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End User Customers must be identified by CLEC as such, and CLEC
will pay Qwest retail prices for such services.
Qwest shall provide to CLEC Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Qwest provides these
services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User
Customers. Qwest shall also provide resold services to CLEC in accordance with the
Commission s retail service quality requirements, if any. Qwest further agrees to reimburse
CLEC for credits or fines and penalties assessed against CLEC as a result of Qwest's failure to
provide service to CLEC, subject to the understanding that any payments made pursuant to this
provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest
as part of a performance assurance plan , and further subject to the following provisions:
January 30, 2007/lhdlWTl/IDAHO
CDS-070123-0003
Owest Fourteen State Template, Version 2.3, August 24 2006
Section 6
Resale
Owest shall provide service credits to CLEC for resold services in
accordance with the Commission s retail service requirements that apply to Owest retail
services, if any. Such credits shall be limited in accordance with the following:
a) Owest's service credits to CLEC shall be subject to the wholesale
discount;b) Owest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC.' Owest is not required to provide service
credits for service failures that are the fault of CLEC;
Intentionally Left Blank.
Intentionally Left Blank,e) In no case shall Owest's credits to CLEC exceed the amount Owest
would pay a Owest End User Customer under the service quality requirements,
less any wholesale discount applicable to CLEC's resold services; andf) In no case shall Owest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
Fines and Penalties - Owest shall be liable to pay to CLEC fines and
penalties for resold services in accordance with the Commission retail service
requirements that apply to Owest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Owest's fines and penalties paid to CLEC shall be subject to the
wholesale discount;b) Owest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Owest is not required to pay fines
and penalties for service failures that are the fault of CLEC;
Intentionally Left Blank.d) In no case shall Owest's fines and penalties to CLEC exceed the
amount Owest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC's resold services; ande) In no case shall Owest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.2.4 In the event that there are existing agreements between CLEC and Owest for
resale under Owest retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, CLEC may elect to continue to obtain services for resale under the existing
agreements and such retail Tariffs, catalogs , price lists, or other retail Telecommunications
Services offerings, or CLEC may elect to terminate such existing agreements and obtain such
services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC
so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this
Agreement will apply.
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2,3, August 24, 2006
Section 6
Resale
Intentionally Left Blank,
The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
Qwest will accept at no charge one (1) primary white pages Directory Listing for
each main telephone number belonging to CLEC's End User Customer based on End User
Customer information provided to Qwest by CLEC. Qwest will place CLEC's End User
Customer s Listings in Qwest's Directory Assistance Database and will include such Listings in
Qwest's Directory Assistance Service. Additional terms and conditions with respect to Directory
Listings are described in the Ancillary Services Section and the Qwest'Official Directory
Publisher Section of this Agreement.
Qwest shall provide to CLEC , for CLEC's End User Customers, E911/911 call
routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be
responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which Qwest is required to retain and/or maintain such information.
Qwest shall provide CLEC's End User Customer information to the Automatic Location
Identification/Database Management System (ALI/DMS). Qwest shall use its standard process
to update and maintain CLEC's End User Customer service information in the ALI/DMS used to
support E911/911 services on the same schedule that it uses for its retail End User Customers.
Qwest assumes no liability for the accuracy of information provided by CLEC.
If Qwest provides and CLEC accepts Qwest's Directory Assistance Service or
operator services for CLEC's resold local Exchange Service lines, such Directory Assistance
and operator services may be provided with branding as provided in this Agreement in Sections
10.5 for Directory Assistance Service, and 10.7 for operator services.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End User Customers for InterLATA and IntraLATA services. CLEC and Qwest shall
follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall
disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC change requests, and
CLEC shall disclaim any liability for Qwest's improper InterLATA (when applicable) and
IntraLATA PIC change requests.11 When End User Customers switch from Qwest to CLEC , or to CLEC from any
other Reseller and if they do not change their service address to an address served by a
different Rate Center, such End User Customers shall be permitted to retain their current
telephone numbers if they so desire and if such number retention is not prohibited by Applicable
Laws or regulations for number administration and Local Number Portability (LNP).12 In the event Qwest properly terminates the Provisioning of any resold services,
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 Qwest be responsible for providing
such notice to CLEC's End User Customers. Qwest will provide notice to CLEC of Qwest'
termination of a resold service on a timely basis consistent with Commission rules and notice
requirements.13 The underlying network provider of a resold service shall be entitled to receive
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
January 30, 200711hdIWTIIIDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2.3, August 24, 2006
Section 6
Resale14 Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement of existing
facilities. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Qwest's retail Tariffs, catalogs, price lists
or other retail Telecommunications Services offerings and Commission rules. Under such
circumstances , Qwest will develop and provide to CLEC a price quotation for the construction.
Construction charges associated with resold services will be applied in the same manner that
construction charges apply to Qwest retail End User Customers. If the quotation is accepted by
CLEC, CLEC will be billed the quoted price and construction will commence after receipt of
payment.14 Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement of existing
facilities. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services , Qwest will construct facilities to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Qwest's Exchange and Network Services
Tariff, catalogs, price lists, or other retail Telecommunications Services offerings and
Commission rules. Under such circumstances, Qwest will develop and provide to CLEC a price
quotation for the construction. Construction charges associated with resold services will
applied in the same manner that construction charges apply to Qwest retail End User
Customers. If the quotation is accepted by CLEC, CLEC will be billed the quoted price and
construction will commence after receipt of payment.
Rates and Charges
Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list, catalog, or other retail Telecommunications Services offering rates,
Telecommunications Services available for resale with or without a wholesale discount are
subject to Commission-approved change, and any such changes shall apply from the effective
date of such change on a going-forward basis only.
The Customer Transfer Charges (CTC) as specified in Exhibit A apply when
transferring services to CLEC.
A Subscriber Line Charge (SLC), or any subsequent federally mandated charge
to End User Customers, will continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists , or other retail
Telecommunications Services offerings also apply.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge
without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers.
Any change in CLEC's End User Customer s Interexchange or IntraLATA Carrier must be
requested by CLEC on behalf of its End User Customer, and Qwest will not accept changes to
CLEC's End User Customer s Interexchange or IntraLATA Carrier(s) from anyone other than
CLEC.
January 30, 2007/lhd1WT11IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 2006
Section 6
Resale
CLEC agrees to pay Owest when its End User Customer activates any services
or features that are billed on a per use or per activation basis (e., continuous redial, last call
return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may
be amended pursuant to this Section. With respect to all such charges, Owest shall provide
CLEC with sufficient information to enable CLEC to bill its End User Customers.
Miscellaneous Charges applicable to services ordered for resale by CLEC will
apply if such Miscellaneous Charges apply for equivalent services ordered by Owest retail End
User Customers, except that CLEC will receive any applicable wholesale discount. Such
Miscellaneous Charges include charges listed in the applicable Owest Tariffs , catalogs , price
lists, or other retail Telecommunications Services offerings.
If the Commission orders additional services to be available for resale, Owest will
revise Exhibit A to incorporate the services added by such order into this Agreement, effective
on the date ordered by the Commission. If the Commission indicates those additional services
must be available for resale at wholesale discount rates, those additional services will be added
to this Agreement at the original Agreement wholesale discount rate,
Owest shall timely bill new or changed Commission-ordered resale rates
charges using the effective date for such rates or charges as ordered by the Commission. If
Owest bills CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges , Owest shall make appropriate bill adjustments or provide
appropriate bill credits on CLEC's bill(s).
If rates for services resold by CLEC under this Agreement change, based on
changes in Owest's Tariffs, catalogs, price lists or other retail Telecommunications Services
offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs
price lists, or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Owest's applicable Tariffs
catalogs, price lists, or other retail Telecommunications Services offerings apply when new or
additional resold services are ordered and installed at CLEC's request for use by CLEC's End
User Customers. Such nonrecurring charges are subject to the wholesale discount, if any, that
applies to the underlying service being added or changed.
Ordering Process
6.4.1 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 , order taking,
Provisioning, change orders, training, maintenance , trouble reports, repair, post-sale servicing,
Billing, collection and inquiry. 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 Partyseeking such information.
January 30, 2007/lhdlWTl/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 2006
Section 6
Resale
6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Billing,
Directory Listing and other information), installation, repair, maintenance and post-installation
servicing according to Qwest's standard procedures, as described in the Qwest Product Catalog
(PCAT) available on Qwest's public web site located at http://www,qwest.com/whoiesale/pcat.
Information shall be provided using Qwest's designated Local Service Request (LSR) format
which may include the LSR, End User Customer and resale forms.
6.4.Qwest will use the same performance standards and criteria for installation
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as Qwest provides to itself, its Affiliates , its subsidiaries, other Resellers , and Qwest
retail End User Customers. The installation, Provisioning, maintenance, and repair processes
for CLEC'resale service requests are detailed in the Access to OSS Section of this
Agreement, and are applicable whether CLEC's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 CLEC is responsible for providing to Qwest complete and accurate End User
Customer Directory Listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancillary
Services Section of this Agreement contains complete terms and conditions for Directory
Listings for Directory Assistance Services, white pages directories , and E911/911 Emergency
Services,
6.4.If Qwest's retail End User Customer, or the End User Customer s New Service
Provider orders the discontinuance of the End User Customer s existing Qwest service in
anticipation of the End User Customer moving to a New Service Provider, Qwest will render its
closing bill to the End User Customer, discontinuing Billing as of the date of the discontinuance
of Qwest's service to the End User Customer. If the Current Service Provider, or if the End User
Customer s New Service Provider orders the discontinuance of existing resold service from the
Current Service Provider, Qwest will bill the Current Service Provider for service through the
date the End User Customer receives resold service from the Current Service Provider, Qwest
will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon
processes when an End User Customer moves from the Current Service Provider to a New
Service Provider. Qwest will not provide the Current Service Provider with the name of the New
Service Provider selected by the End User Customer,
6.4.CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact will
be identified for both CLEC and Qwest in the event special attention is required on a service
request.
6.4.Prior to placing orders on behalf of the End User Customer, CLEC shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth
in the POA Section of this Agreement.
6.4.Due Date intervals for CLEC's resale service requests are established when
service requests are received by Qwest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its
Affiliates, its subsidiaries, other Resellers, and to Qwest's retail End User Customers.
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2,3, August 24, 2006
Section 6
Resale
Billing
Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges
for the resold services as provided herein. CLEC shall also be responsible for all Tariffed
cataloged, price listed , and other retail Telecommunications Services offerings charges and
charges separately identified in this Agreement associated with services that CLEC resells to an
End User Customer under this Agreement.
Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days
of the last day of the most recent Billing period, in an agreed upon standard electronic Billing
format as detailed in Section 12,, Billing information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the samples available for
CLEC review.
Maintenance and Repair
Qwest will maintain its facilities and equipment used to provide CLEC resold
services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to
repair Qwest's facilities or equipment, including facilities or equipment that may terminate or be
located at CLEC's End User Customer s premises, other than by connection or disconnection to
any interface between Qwest and the End User Customer s facilities, without the written consent
of Qwest.
Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
CLEC and Qwest will employ the procedures for handling misdirected repair calls
as specified in Section 12.8 of this Agreement.
Commingling of Resold Services with Unbundled Network Elements and
Combinations of Unbundled Network Elements
To the extent it is Technically Feasible and pursuant to the terms of Section 9.
CLEC may Commingle Telecommunications Services purchased on a resale basis with an
Unbundled Network Element or combination of Unbundled Network Elements,
Services are available for Commingling only in the manner in which they
are provided in Qwest'applicable product Tariffs , catalogs, price lists, or other
Telecommunications Services offerings.
January 30, 2007/lhd1WT11IDAHO
CDS-O70123-0003
Qwest Fourteen State Template, Version 2.3, August 24, 2006
Section 7
Interconnection
Section 7.0 . INTERCONNECTION
Interconnection Facility Options
This Section describes the Interconnection of Qwest's network and CLEC'
network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access
(IntraLATA Toll) and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic,
Qwest will provide Interconnection at any Technically Feasible point within its network, including
but not limited to, (i) the Line Side of a local Switch (i.e., local switching); (ii) the Trunk Side of a
local Switch, (iii) the trunk connection points for a Tandem Switch , (iv) Central Office Cross
Connection points , (v) out-of-band Signaling Transfer Points necessary to exchange traffic at
these points and access call-related databases, and (vi) points of access to Unbundled Network
Elements. Section 9 of this Agreement describes Interconnection at points (i), (iv), (v), and (vi),
although some aspects of these Interconnection points are described in Section
Interconnection" is as described in the Act and refers, in this Section of the Agreement, to the
connection between networks for the purpose of transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic at points (ii) and (iii) described above.
Interconnection , which Qwest currently names "Local Interconnection Service" (LIS), is provided
for the purpose of connecting End Office Switches to End Office Switches or End Office
Switches to local or Access Tandem Switches for the exchange of Exchange Service
(EAS/Local traffic); or End Office Switches to Access Tandem Switches for the exchange of
Exchange Access (IntraLATA Toll) or Jointly Provided Switched Access traffic. Qwest Tandem
Switch to CLEC Tandem Switch connections will be provided where Technically Feasible. New
or continued Qwest local Tandem Switch to Qwest Access Tandem Switch and Qwest Access
Tandem Switch to Qwest Access Tandem Switch connections are not required where Qwest
can demonstrate that such connections present a risk of Switch exhaust and that Qwest does
not make similar use of its network to transport the local calls of its own or any Affiliate s End
User Customers.
Qwest will provide to CLEC Interconnection at least equal in quality to
that provided to itself, to any subsidiary, Affiliate , or any other party to which it provides
Interconnection. Notwithstanding specific language in other sections of this Agreement
all provisions of this Agreement regarding Interconnection are subject to this
requirement. Qwest will provide Interconnection under rates, terms and conditions that
are just, reasonable and non-discriminatory. In addition , Qwest shall comply with all
state wholesale and retail service quality requirements.
Methods of Interconnection
The Parties will negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one (1) physical Point of Interconnection in Qwest
territory in each LATA CLEC has local End User Customers. The Parties shall establish
through negotiations, at least one (1) of the following Interconnection arrangements, at any
Technically Feasible point: (1) a DS1 or DS3 Qwest-provided facility; (2) Collocation; (3)
negotiated Mid-Span Meet POI facilities; or (4) other Technically Feasible methods of
Interconnection via the Bona Fide Request (BFR) process unless a particular arrangement has
been previously provided to a third party, or is offered by Qwest as a product.
1 Qwest-provided Facility. Interconnection may be accomplished through
the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An Entrance
Facility extends from the Qwest Serving Wire Center to CLEC's Switch location or any
January 30, 2007/lhd/WTI/IDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 , 2006
Section 7
Interconnection
Technically Feasible POI chosen by CLEC. Owest-provided Entrance Facilities may not
extend beyond the area served by the Owest Serving Wire Center. The rates for Owest-
provided Entrance Facilities are provided in Exhibit A. Owest's private line transport
service is available as an alternative to Owest-provided Entrance Facilities, when CLEC
uses such private line transport service for multiple services. Entrance Facilities may not
be used for Interconnection with Unbundled Network Elements.
Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Owest. The terms and conditions under which
Collocation will be available are described in Section 8 of this Agreement.
3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of
Interface, limited to the Interconnection of facilities between one (1) Party's Switch and
the other Party's Switch. The actual physical Point of Interface and facilities used will be
subject to negotiations between the Parties. Each Party will be responsible for its
portion of the build to the Mid-Span Meet POI. CLEC may not use remaining capability
in an existing Mid-Span Meet POI to gain access to Unbundled Network Elements,
These Mid-Span Meet pals will consist of facilities used for the Provisioning of one-way
or two-way 10calllntraLATA and Jointly Provided Switched Access Interconnection
trunks, as well as miscellaneous trunks such as Mass Calling Trunks, OSIDA, 911 and
including any dedicated DS1 , DS3 transport trunk groups used to provision originating
CLEC traffic.
The Mid-Span Fiber Meet architecture requires each Party to
own its equipment on its side of the Point of Interconnection (POI). CLECs may
designate Mid-Span Fiber Meet as the target architecture, except in scenarios
where it is not Technically Feasible or where the Parties disagree on midpoint
location.3.2 In a Mid-Span Fiber Meet the Parties agree to establish
technical interface specifications for Fiber Meet arrangements that permit the
successful Interconnection and completion of traffic routed over the facilities that
interconnect at the Fiber Meet. CLEC is responsible for providing at its location
the Fiber Optic Terminal (FOT) equipment, multiplexing, and fiber required to
terminate the optical signal provided by Owest. Owest is responsible for
providing corresponding FOT(s), multiplexing, and fiber required to terminate the
optical signal provided by CLEC,
The Parties shall, wholly at their own expense , procure, install
and maintain the FOT(s) in each of their locations where the Parties establish a
Fiber Meet with capacity sufficient to provision and maintain all trunk groups.
The Parties shall mutually agree on the capacity of the FOT(s) to be utilized
based on equivalent DS1s and DS3s necessary for transport of forecasted local
Interconnection trunking. Each Party will also agree upon the optical frequency
and wavelength necessary to implement the Interconnection.
2.4 Intentionally Left Blank.
Owest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Owest's local network.
January 30, 2007/lhd/WTIIIDAHO
CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24 2006
Section 7
Interconnection
Exchange of Traffic
Description
This Section 7.2 addresses the exchange of traffic between CLEC'
network and Qwest's network. Where either Party interconnects and delivers traffic to
the other from third parties, each Party shall bill such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, via an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
without the use of third party transit providers.
The traffic types to be exchanged under this Agreement include:
EAS/Local Exchange Service (EAS/Local) traffic as defined in
this Agreement.
IntraLATA Toll Exchange Access (IntraLATA Toll) traffic as
defined in this Agreement.
Jointly Provided Switched Access traffic is defined in Section
1. Jointly Provided Switched Access is associated with Meet-Point Billing.2.4 Transit traffic is any traffic that originates from one (1)
Telecommunications Carrier s network , transits another Telecommunications
Carrier s network, and terminates to yet another Telecommunications Carrier
network. For purposes of the Agreement, transit traffic does not include traffic
carried by Interexchange Carriers. That traffic is defined as Jointly Provided
Switched Access. Transit service is provided by Qwest, as a local and Access
Tandem Switch provider, to CLEC to enable the completion of calls originated by
or terminated to another Telecommunications Carrier (such as another CLEC, an
existing LEC, or a wireless Carrier), which is connected to Qwest's local or
Access Tandem Switches, To the extent that CLEC's Switch functions as a local
or Access Tandem Switch , as defined in this Agreement" CLEC may also providetransit service to Qwest.
Traffic having special Billing or trunking requirements includes
but is not limited to, the following:
Directory Assistance;
911/E911 ;
Operator Busy Line Verify/Busy Line Interrupt;
Toll Free Services;
ISP-bound traffic.
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CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24,2006
Section 7
Interconnection
Terms and Conditions
Transport and Termination of Exchange Service (EAS/Local) Traffic
Exchange Service (EAS/Local) traffic will be terminated as Local
Interconnection Service (LIS).
As negotiated between the Parties , the transport of Exchange
Service (EAS/Local) traffic may occur in several ways:
One-way or two-way trunk groups may
established. However, if either Party elects to provision its own one-way
trunks for delivery of Exchange Service (EAS/Local) traffic to
terminated on the other Party s network, the other Party must also
provision its own one-way trunks to the extent that traffic volumes
warrant. To the extent there is a dispute, Section 5.18 applies.
CLEC may purchase transport services from Qwest
or from a third party, including a third party that has leased the private line
transport service facility from Qwest. Such transport provides a
transmission path for the LIS trunk to deliver the originating Party
Exchange Service EAS/Local traffic to the terminating Party's End Office
Switch or Tandem Switch for call termination. Transport may be
purchased from Qwest as Tandem Switch routed (Le., tandem switching,
tandem transmission and direct trunked transport) or direct routed (Le.
direct trunked transport). This Section is not intended to alter either
Party's obligation under Section 251 (a) of the Act.
When either Party utilizes the other Party s Tandem Switch for
the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party s End Office Switch delivered to the other Party'
Tandem Switch for delivery to one (1) of the other Party s End Office Switches,
the originating Party will order a direct trunk group to the other Party s End Office
Switch. To the extent that CLEC has established a Collocation arrangement at a
Qwest End Office Switch location , and has available capacity, CLEC may, at its
sole option , provide two-way direct trunk facilities from that End Office Switch to
CLEC's Switch.1.4 LIS ordered to a Tandem Switch will be provided as direct
trunked transport between the Serving Wire Center of CLEC's POI and the
Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this
Agreement, will apply to the transport provided from the Tandem Switch to
Qwest's End Office Switch.
If direct trunked transport is greater than fifty (50) miles in
length , and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
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CDS-070123-0003
Qwest Fourteen State Template, Version 2., August 24, 2006
Section 7
Interconnection
Regardless of the number of Location Routing Numbers (LRNs)
used by a CLEC in a LATA, Qwest will route traffic destined for CLEC's End User
Customers via direct trunking where direct trunking has been established. In the
event that direct trunking has not been established , such traffic shall be routed
via a Qwest Tandem Switch.
Exchange Access (IntraLATA Toll) Traffic
Exchange Access (IntraLATA Toll) traffic shall be delivered to
Qwest at the Access Tandem Switch or via separate trunks to Qwest's End
Office Switch(es), as designated by CLEC.
Transit Traffic
Qwest will accept traffic originated by CLEC for termination to
another CLEC, existing LEC, or wireless Carrier that is connected to Qwest'
local and/or Access Tandem Switch, Qwest will also terminate traffic from these
other Telecommunications Carriers to CLEC. For purposes of the Agreement
transit traffic does not include traffic carried by Interexchange Carriers. That
traffic is defined as Jointly Provided Switched Access.
To the extent Technically Feasible, the Parties involved in
transporting transit traffic will deliver calls to each involved network with
CCS/SS7 protocol and the appropriate ISUPITCAP messages to facilitate full
Interoperability and Billing functions.
The originating company is responsible for payment of
appropriate rates to the transit company and to the terminating company. The
Parties agree t6 enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. In the event one Party originates traffic that
transits the second Party s network to reach a third party Telecommunications
Carrier with whom the originating Party does not have a traffic exchange
agreement, then the originating Party will indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
Telecommunications Carrier, including any termination charges related to such
traffic and any attorneys fees and expenses, In the case of Exchange Access
(IntraLATA Toll) traffic where Qwest is the designated IntraLATA Toll provider for
existing LECs, Qwest will be responsible for payment of appropriate usage rates.
7.2.3.4 When Qwest receives an unqueried call from CLEC to a
telephone number that has been ported to another local services provider, the
transit rate will apply.2.4 Jointly Provided Switched Access. The Parties will use industry
standards developed to handle the Provisioning and Billing of Jointly Provided Switched
Access (MECAB, MECOD , and the Parties' FCC and state access Tariffs). Each Party
will bill the IXC the appropriate portion of its Switched Access rates. Qwest will also
provide the one-time notification to CLEC of the billing name , billing address and Carrier
identification codes of the IXCs subtending any Access Tandem Switches to which
CLEC directly connects. This type of traffic is discussed separately in this Section.
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Interface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the Qwest
Technical Publication for Local Interconnection Service 77398.
Signaling Options
7.2,SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling is
available for LIS trunks. SS7 Out-of-Band Signaling must be requested on the
order for new LIS trunks. Common Channel Signaling Access Capability Service
may be obtained through the following options: (a) under Qwest Intrastate
Access Tariffs; (b) as defined in the Qwest FCC Tariff # 1; or (c) from a third
party signaling provider. Each of the Parties , Qwest and CLEC , will provide for
Interconnection of their signaling network for the mutual exchange of signaling
information in accordance with the industry standards as described in Telcordia
documents, including but not limited to GR-905 CORE, GR-954 CORE, GR-394
CORE and Qwest Technical Publication 77342.
Clear Channel Capability. Clear Channel Capability (64CCC)
permits 24 OSO-64 Kbps services or 1.536 Mbps of information on the 1.544
Mbps/s line rate, 64CCC is available for LIS trunks equipped with SS7 Out-of-
Band Signaling. 64CCC must be requested on the order for new LIS trunks.
Qwest will provide CLEC with a listing of Qwest Switches fully capable of routing
64CCC traffic through the Qwest web site: http://www.qwestcom/disclosures.
Where available to Qwest, Qwest will provide CLEC with the same 64CCC on an
alternate route or if necessary via an overlay network.
MF Signaling. Interconnection trunks with MF signaling may be
ordered by CLEC if the Qwest Central Office Switch does not have SS7
capability or if the Qwest Central Office Switch does not have SS7 diverse
routing.
Measurement of terminating Local Interconnection Service (LIS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User Customer s End Office Switch indicating the called End User Customer
has answered. The measurement of terminating call usage over LIS trunks ends when
the terminating LIS entry Switch receives disconnect supervision from either the called
End User Customer s End Office Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of Interconnection , whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties will only
charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of
use are aggregated at the end of the Billing cycle by End Office Switch and rounded to
the nearest whole minute.
LIS Forecasting
Both CLEC and Qwest shall work in good faith to define a
mutually agreed upon forecast of LIS trunking.
Both Parties shall have the obligation to participate in joint
planning meetings at semi-annual intervals to establish trunk design and
Provisioning requirements. The Parties agree to provide mutual trunk forecast
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information to ensure End User Customer call completion between the Parties
networks. Such forecasts shall be for LIS trunking that impacts the Switch
capacity and facilities of each Party. Qwest shall provide trunk group specific
projections to CLEC on or before the date of the joint planning meeting.
7.2.Switch capacity growth requiring the addition of new switching
modules may require six (6) months to order and install. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, for capacity growth , Qwest will
utilize CLEC's semi-annual forecasts and near-term demand submitted on
Unforecast Demand Notification Forms to ensure availability of Switch capacity.8.4 The forecast will identify trunking requirements for a two (2) year
period, From the semi-annual close date as outlined in the forecast cycle , the
receiving Party will have one (1) month to determine network needs and place
vendor orders which may require a six (6) month interval to complete the network
build. Seven (7) months after submission of the forecast, Qwest will have the
necessary capacity in place to meet orders against the forecast. For ordering
information see Section 7.4. See also Section 7.
Both Parties will follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office Switch versus Tandem Switch routing. See Section 7.2.
LIS Forecasting Deposits: In the event of a dispute regarding
forecast quantities, where in each of the preceding eighteen (18) months, the
amount of trunks-required is less than fifty percent (50%) of trunks-in-service,
Qwest will make capacity available in accordance with the lower forecast.
Three (3) weeks after a forecasting cycle, Qwest will
provide CLEC feedback in the form of a potentially lower forecast. In the
event of a dispute regarding forecast quantities, where in each of the
preceding eighteen (18) months , trunks-required is less than fifty percent
(50%) of trunks in service each month , Qwest will make capacity
available in accordance with the higher forecast if CLEC provides Qwest
with a deposit according to the following terms. As to the difference
between the lower and higher forecast, Qwest reserves the right to
require, prior to construction , a refundable deposit of up to one hundred
percent (100%) of the trunk-group specific estimated cost to provision the
new trunks, if CLEC's trunk state-wide average utilization over the prior
eighteen (18) months is less than fifty percent (50%) of trunks in service
each month. Qwest will return the deposit if CLEC's state-wide average
trunks in service to trunk usage (utilization) ratio exceeds fifty percent
(50%) within six (6) months of the forecasting period to which the deposit
applies. If CLEC does not achieve the fifty percent (50%) utilization within
six (6) months, Qwest will retain a pro-rata portion of the deposit to cover
its capital cost of Provisioning. The pro-rata shall assume a full refund
when the state-wide average utilization ratio meets or exceeds fifty
percent (50%) for one (1) of the six (6) months following receipt of
deposit. The pro-rata assumes one-half (1/2) of the deposit is refunded
when the highest state-wide average utilization ratio for anyone of the six
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(6) months after receipt of deposit is twenty-five percent (25%). In the
event Qwest does not have available facilities to provision Interconnection
trunking orders that CLEC forecasted and for which CLEC provided a
deposit, Qwest will immediately refund a pro rata portion of the deposit
associated with its facility shortfall. Ancillary trunk groups, such as mass
calling, are excluded from the ratio.
Where there is a reasonably reliable basis for doing
, Qwest shall include in the trunks-required calculation any usage by
others, including but not limited to Qwest itself, of facilities for which
CLEC has made deposit payments. Qwest shall not be required to credit
such usage more than once in all the trunks-required calculations it must
make for all CLECs in the relevant period.
Joint planning meetings will be used to bring clarity to the
process. Each Party will provide adequate information associated with the
Qwest LIS Trunk Forecast Forms in addition to its forecasts, During the joint
planning meetings, both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party'
forecast or Interconnection requirements. No later than two (2) weeks prior to
the joint planning meetings, the Parties shall exchange information to facilitate
the planning process. Qwest shall provide CLEC a report reflecting then current
spare capacity at each Qwest Switch that may impact the Interconnection traffic.
Qwest shall also provide a report reflecting then current blocking of local direct
and alternate final trunk groups, Interconnection and non-Interconnection ,alike,
CLEC will be provided Interconnection trunk group data on its own trunks. Qwest
shall also provide a report reflecting Tandem Switch routed Interconnection
trunking that has exceeded 512BHCCS. The information is Proprietary, provided
under non-disclosure and is to be used solely for Interconnection networkplanning.
In addition to the above information , CLEC shall provide:
Completed Qwest LIS Trunk Forecast Forms; and
Any planned use of an alternate Tandem Switch provider.
In addition to the above information , the following informationwill be available through the Local Exchange Routing Guide or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the Qwest web site.
Qwest Tandem Switches and Qwest End Office Switches (LERG);
CLLI codes (LERG);
Business/Residence line counts (ICONN);
Switch type (LERG or ICONN); and
Current and planned Switch generics (ICONN).
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Qwest will notify CLEC six (6) months prior to LERG amendment, the anticipation
of a new local Tandem Switch.10 Qwest network disclosure of deployment information for specific
technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on
Qwest's web site, http://www.qwest.com/disclosures.11 When appropriate, Qwest will notify CLEC through the Qwest
Trunk Group Servicing Request (TGSR) process of the need to take action and
place orders in accordance with the forecasted trunk requirements. CLEC shall
respond to the TGSR within ten (10) business days of receipt.
The following terms shall apply to the forecasting process:
12.CLEC forecasts may be provided to Qwest as
detailed in Qwest's Trunk Forecast Form;
7.2.12.CLEC forecasts provided to Qwest, information
provided by CLEC to Qwest outside of the normal forecasting process to
modify the forecast, and forecasting information disclosed by Qwest to
CLEC shall be deemed Confidential Information and the Parties may not
distribute , disclose or reveal, in any form , this material other than as
allowed and described in subsections 5.16.1 and 5.16.13 If a trunk group is consistently utilized (trunks-required over
trunks-in-service) at less than fifty percent (50%) of rated busy-hour capacity
each month of any consecutive three (3) month period, Qwest will notify CLEC of
Qwest's desire to resize the trunk group. Such notification shall include Qwest'
information on current utilization levels. If CLEC does not submit an ASR to
resize the trunk group or provide Qwest with its reasons for maintaining excess
capacity within thirty (30) Days of the written notification , Qwest may reclaim the
unused facilities and rearrange the trunk group. When reclamation does occur
Qwest shall not leave the GLEe-assigned trunk group with less than twenty-five
percent (25%) excess capacity. Ancillary trunk groups are excluded from this
treatment.
Intentionally Left Blank.15 Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.16 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Qwest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that CLEC alone is the sole cause of such construction.
Qwest shall initiate such proceeding within ten (10) Days of notifying CLEC in
writing that it will not construct the requested facilities, or within ten (1 0) Days of
notice from CLEC in writing that Qwest must either commence construction of
the facilities or initiate such proceeding with the Commission. In this proceeding,
Qwest shall not object to using the most expeditious procedure available under
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state law, rule or regulation. Qwest shall be relieved of its obligation of
constructing such facilities during the pendency of the proceeding before the
Commission. If the Commission approves such charges, Qwest and CLEC will
share costs in proportion to each Party s use of the overall capacity of the route
involved. Qwest and CLEC may also choose to work in good faith to identify and
locate alternative routes that can be used to accommodate CLEC forecasted
build. Extraordinary circumstances include , but are not limited to, natural
obstructions such as lakes, rivers , or steep terrain, and legal obstructions such
as governmental , federal, Native American or private rights of way. The standard
Qwest forecast period of six (6) months may not apply under these
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
Trunking Requirements
The Parties will provide designed Interconnection facilities that
meet the same technical criteria and service standards , such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards, state requirements and standards provided for in the ROC
and incorporated herein by reference.
Qwest shall provide monthly reports to CLEC on all
Interconnection trunk groups and quarterly reports on all interoffice trunk
groups carrying EAS/Local traffic between Qwest Tandem Switches and
Qwest End Office Switches. The reports will contain busy hour traffic
data , including but not limited to, overflow c;md the number of trunks in
each trunk group.
Intentionally Left Blank.
Separate trunk groups may be established based on Billing,
signaling, and network requirements, The following is the current list of traffic
types that require separate trunk groups, unless specifically otherwise stated in
this Agreement.a) Directory Assistance trunks (where the Switch type requires
separation from operator services trunks);
911/E911 trunks;c) Operator services trunks (where the Switch type requires
separation from Directory Assistance trunks);
Mass calling trunks , if applicable.
Exchange Service (EAS/Local), ISP-bound Traffic,
Exchange Access (IntraLATA Toll carried solely by, Local Exchange
Carriers), and Jointly Provided Switched Access (InterLATA and
IntraLATA Toll involving a third party IXC) may be combined in a single
LIS trunk group or transmitted on separate LIS trunk groups. If traffic is
combined, Section 7.9 of this Agreement applies.
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Exchange Service (EAS/Local) traffic shall not be
combined with Switched Access, not including Jointly Provided Switched
Access, on the same trunk group, Le., EAS/Local may not be combined
with FGD to a Qwest Access Tandem Switch and/or End Office Switch.9.4 Trunk group connections will be made at a DS1 or multiple DS1
level for exchange of EAS/Local, and IntraLATA Toll/Jointly Provided Switched
Access traffic. Directory Assistance, 911/E911 , operator Busy Line Interrupt and
Busy Line Verify; and Toll Free Service trunk groups may be made below a DS1
level , as negotiated.
7.2.The Parties will provide Common Channel Signaling (CCS) to
one another in conjunction with all trunk circuits, except as provided below.a) The Parties will provision all trunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services
trunking, Directory Assistance trunking, 911 trunking and any others
currently available in the Qwest network only on MF signaling. Qwest will
not require a Bona Fide Request to accomplish Interconnection with a
Qwest Central Office Switch not currently equipped for SS7 and where
MF signaling is used. When the SS7/CCS option becomes available in
the Qwest network for said trunking, the Parties will provision new trunks
using SS7, In addition, the Parties will jointly work to convert existing
trunking to SS7, as appropriate.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the Tandem Switch provider will provide
MF/CGS interworking as required for Interconnection with Interexchange
Carriers who use MF signaling.
CLEC may interconnect at either the Qwest local Tandem
Switch or the Qwest Access Tandem Switch for the delivery of local exchange
traffic. When GLEC is interconnected at the Access Tandem Switch and where
there would be a DS1's worth of local traffic (512 BHCGS) between CLEG'
Switch and those Qwest End Office Switches subtending a Qwest local Tandem
Switch, CLEG will order a direct trunk group to the Qwest local Tandem Switch.
Qwest will allow Interconnection for the exchange of
local traffic at Qwest's Access Tandem Switch without requiring
Interconnection at the local Tandem Switch , at least in those
circumstances when traffic volumes do not justify direct connection to the
local Tandem Switch; and regardless of whether capacity at the Access
Tandem Switch is exhausted or forecasted to exhaust.
To the extent Qwest is using a specific End Office Switch to
deliver limited Tandem Switch functionality to itself, a wireless service provider
another GLEG , or another ILEC, it will arrange the same trunking for CLEC.
Alternate Traffic Routing. If CLEG has a LIS arrangement which
provides two (2) paths to a Qwest End Office Switch (one (1) route via a Tandem
Switch and one (1) direct route), CLEC may elect to utilize alternate traffic
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routing. CLEC traffic will be offered first to the direct trunk group (also referred to
as the "primary high" route) and then overflow to the Tandem Switch group (also
referred to as the "alternate final" route) for completion to Qwest End Office
Switches.
9 Host-Remote. When a Qwest Wire Center is served by a
remote End Office Switch , CLEC may deliver traffic to the host Central Office or
to the Tandem Switch. CLEC may deliver traffic directly to the remote End Office
Switch only to the extent Qwest has arranged similar trunking for itself or others.
For remote Switches that currently lack direct trunking capability, Qwest will
accept Bona Fide Requests for Trunk Side access.
Testing
10.Acceptance Testing. At the time of installation of a LIS trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
10.Testing Capabilities
10.LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to
balance (100 type), milliwatt (102 type), nonsynchronous or synchronous
automatic transmission measuring (105 type), data transmission (107
type), loop-around, short circuit, open circuit, and non-inverting digital
loop-back (108 type), and such other acceptance testing that may be
needed to ensure that the service is operational and meets the applicable
technical parameters.
10.In addition to LIS acceptance testing, other tests are
available (e., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing). Charges for such testing are
identified in Section 7.
10.Repair Testing. At the time of repair of a LIS trunk group, at no
additional charge, tests will be performed to ensure that the service is operational
and meets the applicable technical parameters.11 Mileage Measurement. Where required, the mileage measurement for
LIS rate elements is determined in the same manner as the mileage measurement for
V&H methodology as outlined in NECA Tariff No.
Reciprocal Compensation
Interconnection Facility Options
The Reciprocal Compensation provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where
either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate
charges pursuant to its respective tariff or price lists. Where either Party interconnects and
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delivers traffic to the other from third parties , each Party shall bill such third parties the
appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such
third party terminations. Absent a separately negotiated agreement to the contrary, the Parties
will directly exchange traffic between their respective networks without the use of third partytransit providers.
Entrance Facilities
Recurring and nonrecurring rates for Entrance Facilities are
specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use by LIS.
If CLEC chooses to use an existing facility purchased as private
line transport service from the Qwest state or FCC access Tariffs , the rates from
those Tariffs will apply.
Intentionally Left Blank.
If the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way
facilities shall be shared among the Parties by reducing the LIS two-way
Entrance Facility (EF) rate element charges as follows:
The provider of the LIS two-way Entrance Facility
(EF) will initially share the cost of the LIS two-way EF by assuming an
initial relative' use factor (RUF) of fifty percent (50%) for a minimum of one
(1) quarter if the Parties have not exchanged LIS traffic previously. The
nominal charge to the other Party for the use of the EF , as described in
Exhibit A, shall be reduced by this initial relative use factor. Payments by
the other Party will be according to this initial relative use factor for a
minimum of one (1) quarter. The initial relative use factor will continue for
both bill reduction and payments until the Parties agree to a new factor
based upon actual minutes of use data for non-ISP-bound traffic to
substantiate a change in that factor. If CLEC's End User Customers are
assigned NPA-NXXs associated with a rate center different from the rate
center where the End User Customers are physically located , traffic that
does not originate and terminate within the same Qwest Local Calling
Area, regardless of the called and calling NPA-NXXs involving those End
User Customers, is referred to as "VNXX traffic.For purposes of
determining the relative use factor, the terminating carrier is responsible
for ISP-bound traffic and for VNXX traffic. If either Party demonstrates
with traffic data that actual minutes of use during the previous quarter
justifies a new relative use factor, that Party will send a notice to the other
Party. The new factor will be calculated based upon Exhibit H. Once the
Parties finalize a new factor, bill reductions and payments will apply going
forward from the date the original notice was sent. ISP-bound traffic or
traffic delivered to Enhanced Service providers is interstate in nature.
Qwest has never agreed to exchange VNXX traffic with CLEC.
Collocation
See Section 8.
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Direct Trunked Transport
Party.
Either Party may elect to purchase direct trunked transport from the other
3.2.Direct trunked transport (OTT) is available between the Serving
Wire Center of the POI and the terminating Party s Tandem Switch or End Office
Switches. The applicable rates are described in Exhibit A. OTT facilities are
provided as dedicated 083, OS1 or OSO facilities.
When OTT is provided to a local or Access Tandem Switch for
Exchange Service (EAS/Local) traffic, or to an Access Tandem Switch for
Exchange Access (IntraLATA Toll), or Jointly Provided Switched Access traffic
the applicable OTT rate elements apply between the Serving Wire Center and
the Tandem Switch. Additional rate elements for delivery of traffic to the
terminating End Office Switch are tandem switching and tandem transmission.
These rates are described below.
Mileage shall be measured for OTT based on V&H coordinates
between the Serving Wire Center and the 10cai/Access Tandem Switch or End
Office Switch.1.4 Fixed Charges per OSO, OS1 or OS3 and per mile charges are
defined for OTT in Exhibit A of this Agreement.
If the Parties elect to establish LIS two-way OTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way OTT
facilities shall be shared among the Parties by reducing the LIS two-way OTT rate
element charges as follows:
The provider of the LIS two-way OTT facility will initially share
the cost of the LIS two-way OTT facility by assuming an initial relative use factor
of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Party for the
use of the OTT facility, as described in Exhibit A, shall be reduced by this initial
relative use factor. Payments by the other Party will be according to this initial
relative use factor for a minimum of one (1) quarter. The initial relative use factor
will continue for both bill reduction and payments until the Parties agree to a new
factor, based upon actual minutes of use data for non-ISP-bound traffic to
substantiate a change in that factor. If CLEC's End User Customers are
assigned NPA-NXXs associated with a rate center other than the rate center
where the End User Customers are physically located, traffic that does not
originate and terminate within the same Qwest Local Calling Area, regardless of
the called and calling NPA-NXXs involving those End User Customers, is
referred to as "VNXX traffic." For purposes of determining the relative use factor
the terminating carrier is responsible for ISP-bound traffic and for VNXX traffic.
either Party demonstrates with traffic data that actual minutes of use during the
previous quarter justifies a new relative use factor, that Party will send a notice to
the other Party. The new factor will be calculated based upon Exhibit H. Once
the Parties finalize a new factor, bill reductions and payments will apply going
forward from the date the original notice was sent. ISP-bound traffic is interstate
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in nature. Qwest has never agreed to exchange VNXX traffic with CLEC.
Multiplexing options (OS1/0S3 MUX or OSO/DS1 MUX) are available
rates described in Exhibit A.
Trunk Nonrecurring Charges
Installation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered, Qwest rates are specified in Exhibit A.
Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered , at one-half (1/2) the rates specified
in Exhibit A.
Exchange Service (EAS/Local) Traffic
3.4.End Office Switch Call Termination
3.4.The per-minute-of-use call termination rates as described in
Exhibit A of this Agreement will apply reciprocally for Exchange Service
(EAS/Local) traffic terminated at a Qwest or CLEC End Office Switch.
3.4.For purposes of call termination CLEC Switch(es) shall be
treated as End Office Switch(es) unless CLEC's Switch(es) meet the definition of
a Tandem Switch in this Agreement in the Definitions Section.
3.4.Intentionally Left Blank.
3.4.1.4 Neither Party shall be responsible to the other for call
termination charges associated with third party traffic that transits such Party'
network.
3.4.Tandem Switched Transport
3.4.For traffic delivered through a Qwest or CLEC Tandem Switch
(as defined in this Agreement), the tandem switching rate and the tandem
transmission rate in Exhibit A shall apply per minute in addition to the End Office
Switch call termination rate described above.
3.4.Mileage shall be measured for the tandem transmission rate
elements based on V&H coordinates between the Tandem Switch and
terminating End Office Switch.
3.4.When a Party terminates traffic to a remote Switch , tandem
transmission rates will be applied for the V&H mileage between the host Switch
and the remote Switch when the identity of each is filed in the NECA 4 Tariff.
3.4.2.4 When Qwest receives an unqueried call from CLEC to a number
that has been ported to another Switch within the EAS/Local Calling Area, and
Qwest performs the query, mileage sensitive tandem transmission rates will
apply which reflect the distance to the End Office Switch to which the call has
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been ported.
3.4.2.4.To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP
query charges , Qwest and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
3.4.Intentionally Left Blank.
3.4.4 CLEC may choose one (1) of the following two (2) options for the
exchange of traffic subject to Section 251 (b )(5) of the Act ("Section 251 (b )(5) Traffic
(see Exhibit J):
3.4.4,The rates applicable to Section 251 (b )(5) Traffic between Qwest
and CLEC shall be the same as the rates established for ISP-bound traffic
pursuant to Section 7.6. Such rate for ISP-bound traffic will apply to Section
251 (b)(5) Traffic in lieu of End Office Switch Call Termination rates, and Tandem
Switched Transport rates.
3.4.4.The compensation rate for Section 251 (b)(5) Traffic shall be
established by the Commission. The Parties shall cooperate in establishing a
process by which Section 251 (b)(5) Traffic and ISP-bound traffic will be identified
in order to compensate one another at the appropriate rates and in a prompt
manner (see Section 7.6).
3.4.The Parties will not pay reciprocal compensation on traffic, including ISP-
bound traffic, when the traffic does not originate and terminate within the same Qwest
Local Calling Area, regardless of the calling and called NPA-NXXs and, specifically,
regardless whether an End User Customer is assigned an NPA-NXX associated with a
rate center that is different from the rate center where the End User Customer is
physically located (also known as "VNXX traffic ). Qwest's agreement to the terms in
this paragraph is without waiver or prejudice to Qwest's position is that it has never
agreed to exchange VNXX traffic with CLEC.
Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
Cancellation charges apply to canceled LIS trunk orders, based upon the
critical dates, terms and conditions in accordance with the Access Service Tariff Section
, and the trunk nonrecurring charges referenced in this Agreement.
Expedite requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in Qwest's Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. Expedite charges apply
per order for every day that the Due Date interval is shortened , based on the standard
interval in the SIG or based on ICB criteria for Due Dates.
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CLEC will request an expedite for LIS trunks, including an
expedited Due Date, on the Access Service Request (ASR).
The request for expedite will be approved only when the request
meets the criteria outlined in the Pre-Approved Expedite Process in Owest'
Product Catalog at Owest's wholesale web site.
Additional testing, including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-
scheduled testing, is available for LIS trunks.
ISP-bound Traffic
Subject to the terms of this Section, intercarrier compensation for ISP-
bound traffic exchanged between Owest and CLEC will be billed pursuant to rates in
Exhibit A, without limitation as to the number of minutes of use (MOU) or whether the
MOU are generated in "new markets" as that term has been defined by the FCC.
Identification of ISP-bound Traffic -- Owest will presume traffic delivered
to CLEC that exceeds a 3: 1 ratio of terminating (Owest to CLEC) to originating (CLEC to
Owest) traffic is ISP-bound traffic. Either Party may rebut this presumption
demonstrating the factual ratio to the Commission. Traffic exchanged that is not ISP-
bound traffic will be considered to be Section 251 (b)(5) traffic. The provisions in this
Section apply regardless how the ISP-bound traffic is determined,
Intentionally Left Blank.
Transit Traffic
The following rates will apply:
Local Transit: A per-minute-of-use rate will be charged to the originating
Party, as contained in Exhibit A.
IntraLATA Toll Transit: A per-minute-of-use rate will be charged to the
originating Party, as contained in Exhibit A.
Jointly Provided Switched Access: The applicable Switched Access rates
will be billed by the Parties to the IXC based on MECAB guidelines and each Party'
respective FCC and state access Tariffs.7.4 Category 11 mechanized record charge, per record, for records provided
to the terminating Party, as contained in Exhibit A.
Signaling Parameters: Qwest and CLEC are required to provide each other the
proper signaling information (e., originating Calling Party Number and destination called party
number, etc.) per 47 C.R. ~ 64.1601 to enable each Party to issue bills in a complete and
timely fashion. All CCS signaling parameters will be provided including Calling Party Number
(CPN), Originating Line Information Parameter (OLlP) on calls to axx telephone numbers
calling party category, Charge Number, etc. All privacy indicators will be honored. If either
Party fails to provide CPN (valid originating information), and cannot substantiate technical
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restrictions (Le., MF signaling) such traffic will be billed as Switched Access. Traffic sent to the
other Party without CPN (valid originating information) will be handled in the following manner.
The transit provider will be responsible for only its portion of this traffic, which will not exceed
more than five percent (5%) of the total Exchange Service (EAS/Local) and Exchange Access
(IntraLATA Toll) traffic delivered to the other Party. The Switch owner will provide to the other
Party, upon request, information to demonstrate that Party s portion of no-CPN traffic does not
exceed five percent (5%) of the total traffic delivered. The Parties will coordinate and exchange
data as necessary to determine the cause of the CPN failure and to assist its correction.
To the extent a Party combines Exchange Service (EAS/Local), Exchange
Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided
Switched Access (InterLATA and IntraLATA calls exchanged with a third party IXC) traffic on a
single LIS trunk group, the originating Party, at the terminating Party s request will declare
quarterly PLU(s). Such PLUs will be verifiable with either call summary records utilizing Calling
Party Number information for jurisdictionalization or call detail samples, The terminating Party
should apportion per minute of use (MOU) charges appropriately.
Ordering
7.4.When ordering LIS , the ordering Party shall specify requirements on the Access
Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the
Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (Le.
direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned
at an End Office Switch or local Tandem Switch; and 4) any optional features. When the
ordering Party requests facilities, routing, or optional features different than those determined to
be available , the Parties will work cooperatively in determining an acceptable configuration
based on available facilities, equipment and routing plans.
7.4.For each NXX Code assigned to CLEC by the NANPA, CLEC will provide Qwest
with the CLLI codes of the Qwest Tandem Switches and CLEC's Point of Interface to which
traffic associated with the NXX will be routed, For NXX Codes assigned to existing LIS trunk
groups , CLEC will also provide Qwest with the Qwest assigned two-six code (TGSN) to which
each NXX will be routed. Information that is not currently available in the LERG may be
provided via the NPA NXX Code Request Routing Form available on the Qwest web site:
http://www . qwest. com/who lesale/noti ces/n pa - nxxProcess, htm
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups,
7.4.When either Party has ordered a OS3 Entrance Facility or private line facility, that
Party will order the appropriate OS 1 facility required and identify the channels of the OS3 to be
used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered
a OS1 Entrance Facility or private line facility, that Party will be responsible for identification of
the OSO channels of the OS1 private line to be used to provide CFA.
7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will
result in agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
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7.4.Intentionally Left Blank.
7.4.Service intervals and Due Dates for initial' establishment of trunking
arrangements at each new Switch location of Interconnection between the Parties will be
determined on an Individual Case Basis,
7.4.Qwest will establish intervals for the provision of LIS trunks that conform to the
performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any
changes to the LIS trunk intervals consistent with the Change Management Process (CMP)
applicable to the PCAT. Operational processes within Qwest work centers are discussed as
part of the CMP, Qwest agrees that CLEC shall not be held to the requirements of the PCAT.
7.4.The ordering Party may cancel an order at any time prior to notification that
service is available. If the ordering Party is unable to accept service within thirty (30) Days after
the Service Date , the provider has the following options:a) The order will be canceled; cancellation charges as noted in 7.1 apply
unless mutually agreed to by the Parties;
Intentionally Left Blank.
Billing for the service will commence.
In such instances, the cancellation date or the date Billing is to commence , depending on which
option is selected, will be the 31st Day beyond the Service Date.
Jointly Provided Switched Access Services
Jointly Provided Switched Access Service is defined and governed by the FCC
and state access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines , and is not modified by any
provisions of this Agreement. Both Parties agree to comply with such guidelines.
Qwest will agree to function as the Access Service Coordinator (ASC) as defined
in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical
Reference SR-TAP-000984). Qwest will provide the operational , technical and administrative
support required in the planning, Provisioning and maintenance involved in the joint access
Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does
not fully comply with MECOD requirements, including filing CLEC's End Office Switches and
billed percentages (BPs) in the NECA 4 Tariff.
Qwest and CLEC will each render a separate bill to the IXC, using the multiple
bill , multiple tariff option.5.4 A charge applies for Category 11-01-XX Access Services records sent in an
EMR mechanized format. These records are used to provide information necessary for each
Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX
database queries. The charge for each Billable Record created and transmitted is listed in
Exhibit A of this Agreement.
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Transit Records
Owest and CLEC will exchange wireline network usage data originated by a
wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits
Owest's network, and terminates to CLEC's network. Each Party agrees to provide to the other
this wireline network usage data when Owest or CLEC acts as a transit provider currently or in
the future. The Parties understand that this information is Carrier protected information under
, Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing
the wireline LEC. CLEC will provide to Owest information to be able toprovide transit records
on a mechanized basis when Technically Feasible. This includes, but is not limited to: service
center information , operating company number, and state jurisdiction. Owest and CLEC agree
to exchange wireline network usage data as Category 11-01-XX,
Owest and CLEC will exchange wireless network usage data originated by a
Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Owest'
network, and terminates to CLEC's network. Each Party agrees to provide to the other this
wireless network usage data when Owest or CLEC acts as a transit provider currently or in the
future. The Parties understand that this information is Carrier protected information under
Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing
the WSP. CLEC will provide to Owest information to be able to provide transit records on a
mechanized basis when Technically Feasible. This includes , but is not limited to: service
center information, operating company number and state jurisdiction. Owest and CLEC agree
to exchange wireless network usage data as Category 11-01-XX.
charge applies for Category 11-01-XX transit records sent in an EMR
mechanized format. These records are used to provide information necessary for each Party to
bill the originating Carrier for transit when Technically Feasible. The charge for each Billable
Record created and transmitted is listed in Exhibit A of this Agreement.
Local Interconnection Data Exchange for Billing
There are certain types of calls or types of Interconnection that require exchange
of Billing records between the Parties, including, for example, alternate billed and Toll Free
Service calls. The Parties agree that all call types must be routed between the networks
accounted for, and settled among the Parties. Certain calls will be handled via the Parties
respective operator service platforms. The Parties agree to utilize, where possible and
appropriate , existing accounting and settlement systems to bill , exchange records and settle
revenue.7.2 The exchange of Billing records for alternate billed calls (e., calling card , bill-to-
third-number and collect) will be distributed through the existing CMOS processes, unless
otherwise separately agreed to by the Parties.
3 Inter-Company Settlements (ICS) revenues will be settled through the Calling
Card and Third Number Settlement System (CATS). Each Party will provide for its own
arrangements for participation in the CATS processes , through direct participation or a hosting
arrangement with a direct participant.
7.4 Non-ICS revenue is defined as IntraLATA collect calls, calling card calls, and
billed to third number calls which originate on one (1) service provider s network and are billed
by another service provider located within the same Owest geographic specific region. The
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Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This
separate arrangement is necessary since existing CATS processes do not permit the use of
CATS for non-ICS revenue. The Parties agree that current message distribution processes
including the CMOS system or Qwest in-region facilities, can be used to transport the call
records for this traffic.
Both Parties will provide the appropriate call records to the IntraLATA Toll Free
Service provider, thus permitting the service provider to bill its End User Customers for the
inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover
(NOM) will be made without the mutual agreement of the Parties.
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Section 8.0 - COLLOCATION
Description
Collocation allows for the placing of equipment by CLEC at Qwest's Premises
where Technically Feasible, that is necessary for accessing Unbundled Network Elements
(UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of
physical space in Qwest Premises , as well as the resources necessary for the operation and
economical use of collocated equipment, such as the use by CLEC of power; heating,
ventilation and air conditioning (HV AC); and cabling in Qwest's Premises. Collocation also
allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing
and combining Unbundled Network Elements and accessing ancillary services. There are
currently nine (9) standard types of Collocation available pursuant to this Agreement - Virtual
Caged Physical, Shared Caged Physical , Cage less Physical , Interconnection Distribution
Frame, Adjacent Common Area Splitter Remote and Facility Connected. Other types of
Collocation may be requested through the BFR process.
Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to Qwest CLEC's own equipment for Qwest to install , repair, and
maintain in Qwest's Premises. CLEC does not have physical access to its virtually
collocated equipment in the Qwest Premises.
Caged Physical Collocation -- allows CLEC to lease caged floor space for
placement of its equipment within Qwest's Premises for the purpose of interconnecting
with Qwest Finished Services or accessing Unbundled Network Elements. CLEC is
responsible for the procurement, installation and on-going maintenance of its equipment
as well as the Cross Connections required within the cage.
Cageless Physical Collocation -- is a non-caged area within a QwestPremises. In Wire Centers, space will be made available in single frame bay
increments. In Wire Centers, the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available, Qwest will reduce the
minimum square footage accordingly. Space will be provided utilizing industry standard
equipment bay configurations in which CLEC can place and maintain its own equipment.
CLEC is responsible for the procurement, installation and on-going maintenance of its
equipment as well as the Cross Connections required within CLEC's leased Collocation
space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation
one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant
to this Agreement or an approved Interconnection Agreement, and another CLEC
pursuant to the terms of its Interconnection Agreement, may" share use of that space, in
accordance to terms and conditions of a sublease agreement between the two (2)
CLECs. Shared Collocation may also be established through joint Application by CLECs
in which Qwest will have a separate Billing relationship with each applicant and will look
to each collocating CLEC for payment of its proportionate share of the charges relating
to the Collocation space, Qwest will prorate the charge for site conditioning and
preparation undertaken by Qwest to construct the Shared Collocation cage or condition
the space for Collocation use, regardless of how many Carriers actually collocate in that
cage, by determining the total charge for site preparation and allocating that charge to a
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collocating CLEC (and billed directly to each such CLEC) based on the percentage of
the total space utilized by that CLEC as per the Collocation Application. Qwest shall not
place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting
CLEC's ability to contract with other CLECs to share CLEC's Collocation cage in a
sublease-type arrangement. In addition , if two (2) or more CLECs who have
Interconnection Agreements with Qwest utilize a Shared Collocation arrangement
Qwest shall permit each CLEC to order UNEs to and provision service from that Shared
Collocation space, regardless of which CLEC was the original collocator, directly from
Qwest. Qwest shall make Shared Collocation space available in single-bay increments
or their equivalent.
Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local Interconnection Trunks, and ancillary services. Under ICDF
Collocation, CLEC need not collocate equipment in the Qwest Wire Center. With ICDF
Collocation, CLEC will have access to the Qwest Wire Center and an ICDF to combine
UNEs, Finished Services, and ancillary services. The ICDF connects through tie cables
to various points within the Wire Center (e., MDF, COSMICTM or DSX, etc.) providing
CLEC with access to UNEs and ancillary services,
The ICDF is a distribution frame shared by multiple providers. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancillary services, CLEC may do so through
the placement of a GLEe-owned Cross Connection device collocated in the
Qwest Wire Center through either Caged or Cageless Physical Collocation,
Adjacent Collocation - is available in those instances where space is
legitimately exhausted in a particular Qwest Premises to accommodate Physical
Collocation. Qwest shall make space available in adjacent controlled environmental
vaults, controlled environmental huts, or similar structures to the extent Technically
Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent
structure on property owned, leased or otherwise controlled by Qwest, subject only to
applicable OSHA, EPA, federal, state , and local safety and maintenance requirements.
Such adjacent structure shall be in accordance with Qwest's design and space planning
for the site. CLEC may propose the design for the adjacent structure, subject to Qwest'
approval , which approval may not be unreasonably withheld or delayed. Qwest must
provide power and physical Collocation services and facilities, subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement. Qwest must permit CLEC to place its own equipment, including, but not
limited to , copper cables, coaxial cables, fiber cables , and Telecommunications
Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third party.
Common Area Splitter Collocation -Allows CLEC to place Splitters in a
common space area outside its Collocation space near CLEC's DSO termination points.
Qwest will install Splitter shelves for shared use by CLECs.
Remote Collocation - allows CLEC to collocate equipment in or adjacent
to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8.7 and 8.4.
Field Connection Point (FCP)/Cross-Connect Collocation
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Application Form is required to designate Cross Connections in a Subloop
environment when the Collocation takes place in the detached terminal location.
This application can be found under the Applications and APOT forms table in
Qwest's Collocation Product Catalog on Qwest's web site. A nonrecurring
charge will be developed on an Individual Case Basis (lCB) and consists of the
costs to establish or augment the FCP or MTE. If the accessible terminal must
be expanded to accommodate CLEC's request, an additional nonrecurring
charge will apply as part of the ICB charge. This type of access and Cross
Connection is not Collocation. Provisions concerning Subloop access and
intervals are contained in Section 9.
Facility Connected (FC) Collocation -- Facility Connected (FC) Collocation
allows CLEC to access Unbundled Network Elements (UNEs), ancillary services and
Finished Services within a Qwest Wire Center via an Entrance Facility without
collocating physical equipment in the Wire Center. FC Collocation is provided on a
termination block or termination panel within the designated Wire Center and is
engineered, provisioned , maintained , and repaired by Qwest.
Terms and Conditions
Terms and Conditions - All Collocation
Qwest shall provide Collocation on rates, terms and conditions that are
just, reasonable and nondiscriminatory. In addition , Qwest shall provide Collocation in
accordance with all applicable federal and state laws.
In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9,, Qwest will not combine or Commingle
services or Network Elements that are offered by Qwest pursuant to Section 271
of the Communications Act of 1934, as amended , with Unbundled Network
Elements or combinations of Unbundled Network Elements.
Services available for Commingling shall
provided by Qwest pursuant to Qwest'applicable product Tariffs,
catalogs, price lists, or other Telecommunications Services offerings.
Entrance Facilities and mid-span meet SPOt
obtained pursuant to Section 7 of this Agreement are not available for
Commingling.
Collocation of Switching Equipment. CLEC may collocate any equipment
that is necessary for Interconnection or access to Unbundled Network Elements.
Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
Asynchronous Transfer Mode (A TM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers
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and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed , CLEC must provide a written inventory to Owest of all
switching equipment and how it will be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it will use a certain
type of equipment for Interconnection or access to Unbundled Network Elements
Owest will allow future Collocations of similar equipment without requesting a
written justification unless and until Owest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However, Owest will complete the Collocation within the
appropriate interval unless granted relief by the Commission,
Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing local Exchange Service.2.4 Except as provided for in Sections 8.1 through 8.
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
CLEC must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Owest
may verify the appropriate power, floor loading, heat release, environmental particulate
level, HV AC, and tie cables to GLEe-provided Cross Connection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancillary services. The Demarcation Point for Unbundled Network Elements and
ancillary services is that physical point where Owest shall terminate its Unbundled
Network Elements and ancillary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancillary services. One available Demarcation Point is
at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual
Collocation space. Alternatively, the Demarcation Point can be at an Interconnection
Distribution Frame (lCDF) or may be established at a location jointly agreed to by CLEC
and Owest. To the extent CLEC selects a Demarcation Point outside of its collocated
space , CLEC shall provide and Owest shall install the tie cables from CLEC's collocated
equipment to the Demarcation Point. Alternatively, Owest shall provide and install these
tie cables, at CLEC's expense.
8.2.Owest will provide a connection between Unbundled Network Elements
and ancillary services and a Demarcation Point. Such connection is an Interconnection
Tie Pair (ITP). The Demarcation Point shall be:a) at GLEe-provided Cross Connection equipment located in CLEC'
Virtual or Physical Collocation space; orb) if CLEC elects to use ICDF Collocation, at the Interconnection
Distribution Frame (ICDF); or
if CLEC elects to use an ICDF in association with Virtual or Physical
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Collocation, at the ICDF; ord) at a direct connection point of termination as described in Section
11.2; or
at another Demarcation Point mutually-agreed to by the Parties.
CLEC may purchase Qwest's finished private line or Switched Access
Services via applicable Tariff terms and conditions. These services will be terminated at
the Demarcation Point.
For Caged and Cageless Physical Collocation and Virtual Collocation
CLEC must lease space for the placement of CLEC's equipment within Qwest'
Premises. Qwest will provide the structure that is necessary in support of Collocation
including physical space, a cage (for Caged Physical Collocation), required cabling
between equipment and other associated hardware.
All equipment shall meet and be installed in accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide
standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest
shall not impose safety or engineering requirements on CLEC that are more stringent
than the safety or engineering requirements Qwest imposes on its own equipment
located on its Premises.
Space Availability Report -- Upon request by CLEC, Qwest will submit to
CLEC within ten (10) Days of CLEC's request, a report for each requested Premises
that includes:
available Collocation space in a particular Qwest Premises;
number of collocators;
any modifications in the use of the space since the last report;d) measures that Qwest is taking to make additional space available for
Collocation;
whether sufficient power is available to meet the specific CLEC request;
number of CLECs in queue at the Premises, if any;
whether the Wire Center is equipped with DS3 capability; andh) the number and description of Qwest and its Affiliates and reservations
of space by all CLECs.
A Space Availability Report charge in Exhibit A applies to each
Space Availability Report requested by CLEC and applies on a per-Premises
basis.
Inventory Report - Remote Premises. The locations of the
Remote Premises (e., Feeder Distribution Interfaces
, "
FDI") and the End User
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Customer addresses served by each Remote Premises are available to CLEC
through the Raw Loop Data Tool. Remote Premises with digital loop carrier and
pair gain equipment will be provided on the web site in the ICONN database.
(ICONN is available through the Qwest web site located at
http://www.qwest.com/iconn.If CLEC is unable to determine the information it
seeks regarding the Remote Premises after using such database tools, Qwest
will provide CLEC with a report that contains the information. The Parties agree
that a charge may apply to such report, based on time and materials, unless the
database information is inaccurate or unusable for the Remote Premises then no
charge would apply. Qwest will provide CLEC access to relevant plats, maps
engineering records and other data in accordance with Section 10.2.4.
addition , CLEC can request a copy of Qwest's distribution area map associated
with the Remote Premises, with a charge for time and material.10 Collocation is offered on a first-come, first-served basis. Requests for
Collocation may be denied due to the legitimate lack of sufficient space in a Qwest
Premises for placement of CLEC's equipment. If Qwest determines that the amount of
space requested by CLEC for Caged Physical Collocation is not available, but a lesser
amount of space is available, that lesser amount of space will be offered to CLEC for
Caged Physical Collocation. Alternatively, CLEC will be offered Cageless Physical
Collocation (single frame bay increments), or Virtual Collocation as an alternative to
Caged Physical Collocation. In the event the original Collocation request is not availabledue to lack of sufficient space , and GLEC did not specify an alternative form of
Collocation on the original order form, CLEC will be required to submit a new order for
CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate
choices for Collocation on its original Collocation request, Qwest will determine the
feasibility of the next preferred option in the event CLEC's first choice is not available.
To the extent possible , Qwest shall make contiguous space available to CLEC when it
seeks to expand its existing Collocation space. Where adjoining space is not available,
Qwest will engineer a route for CLEC to provide facilities between the non-adjoining
CLEC Collocation spaces as part of the Collocation order. When planning renovations
of existing facilities or constructing or leasing new facilities, Qwest shall take into
account projected demand for Collocation of equipment.
10.Space Denial Queue - Qwest will maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, Qwest will inform CLECs in the
queue that space for Collocation has become available. If there is insufficient
space to accommodate all of the CLECs in queue , Qwest shall notify CLECs of
the availability of space in accordance with the CLEC's position in the queue,
CLEC must respond within ten (10) Days of receipt of notification from Qwest
with a new Collocation Application. If CLEC does not provide a Collocation
Application within ten (10) Days of receipt of notification, or if CLEC responds
that it no longer requires the Collocation space, CLEC shall be removed from the
queue and the available space shall be offered to the next CLEC in the queue.
the space made available to a CLEC in the queue is not sufficient to meet such
CLEC's needs, such CLEC may deny the space that becomes available and
keep its position in the queue.
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Section 8
Collocation
11 If Owest denies a request for Collocation in a Owest Premises due to
space limitations, Owest shall allow CLEC representatives to tour the entire Premises
escorted by Owest personnel within ten (10) Days of CLEC's receipt of the denial of
space, or a mutually agreed upon date. Owest will review the detailed floor plans for the
Premises with CLEC during the tour, including Owest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the tour of the Premises , Owest and
CLEC disagree about whether space limitations at the Premises make Collocation
impractical , Owest and CLEC may present their arguments to the Commission. In
addition , if after the fact it is determined that Owest has incorrectly identified the space
limitations, Owest will honor the original Collocation Application date for determining
RFS unless both Parties agree to a revised date.12 Owest shall submit to the Commission, subject to any protective order as
the Commission may deem necessary, detailed floor plans or diagrams of any Premises
where Owest claims that Physical Collocation is not practical because of space
limitations.13 Owest will maintain a publicly available document, posted for viewing on
the Internet, (www.qwestcom/whoiesale/notices/colio/spaceavail.html), indicating all
Premises that are full, and will update this document within ten (10) Days of the date at
which a Premises runs out of physical space and will update the document within ten
(10) Days of the date that space becomes available. In addition, the publicly available
document shall include, based on information Owest develops through the Space
Availability Report process, the Reservation Process, or the Feasibility Study Process:
Number of CLECs in queue at the Premises, if any;
Premises that have not been equipped with DS3 capability;c) Estimated date for completion of power equipment additions that will lift
the restriction of Collocation at the Premises; andd) Address of the Remote Premises that have been inventoried for
Remote Collocation , and if the Remote Premises cannot accommodate
Collocation.
Notwithstanding the foregoing, the Owest web site will list and update within the ten (10)
Day period , all Wire Centers that are full , whether or not there has been a Space
Availability Report requested by any CLEC.
Reclamation and Reconditioning of Space
14.Reclamation of Space -- Reclamation of space is performed by
Owest removing unused, obsolete Owest equipment to make space for
equipment use. The cost of removal of the obsolete unused equipment shall be
borne by Owest
14.If CLEC issues a forecast or reservation for
Collocation, Owest shall use its best judgment to determine whether it
would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
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Owest Fourteen State Template, Version 2., August 24, 2006
Section 8
Collocation
14.If CLEC issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, Qwest will affirmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
14,Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to , adding
HVAC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC, Qwest will assess the cost of such reconditioning, provide a
quotation to CLEC for the costs, and upon Acceptance of quotation by CLEC
perform the necessary work to recondition the space. For reconditioned space
CLEC is responsible for prorated charges based on the amount of space
requested.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by Qwest by submitting a Collocation
Cancellation Application. CLEC shall be responsible for payment of all costs incurred by
Qwest up to the point when the cancellation is received. Collocation Cancellation is
available for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from Qwest. Cancellation is
offered for all types of Collocation. A cancellation will only occur upon request by CLEC.
15.CLEC may submit a Collocation Cancellation Application if the
Collocation job is in progress. Upon receipt of a completion notice for the
specific Collocation job , the Collocation can no longer be cancelled. Qwest will
provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. Qwest will stop
work on a Collocation in progress upon receipt and acceptance of a Collocation
Cancellation Application. A request for cancellation is irrevocable once Qwest
has accepted the Collocation Cancellation Application.
15.In the event there is a Common Area Splitter Collocation or
CLEC has requested a direct CLEC-to-CLEC connection arrangement with the
same BAN as the Collocation job to be canceled, the associated Common Area
Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled.
15.Qwest will not charge for canceling the Collocation job except
for work already completed as of acceptance by Qwest of the Collocation
Cancellation Application. Charges will be based on when Qwest receives the
Collocation Cancellation Application and the completion status of the Collocation
work. A quotation will be issued within thirty (30) Days of Qwest's acceptance of
the Collocation Cancellation Application.
15.4 Additional Labor - Other. This charge is for additional labor not
included in the quotation described in 8.15. This additional labor may include
testing and labor activities completed to accommodate a specific customer
request.
8.2.Qwest may retain a limited amount of floor space for its own specific
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Section 8
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future uses , provided, however, that neither Owest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to CLEC'
reservation of Collocation space for CLEC's own future use. Owest shall relinquish any
space held for future use before denying a request for Virtual Collocation on the grounds
of space limitations , unless Owest proves to the Commission that Virtual Collocation at
that point is not Technically Feasible.
8.2,17 In addition to the requirements of Section 8.all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that Owest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Owest Premises and the applicable
related earthquake ratings is available for review on the Owest web site at:
http://www,qwest.com/whoiesale/pcat/collocation.htmi.18 Owest will review the security requirements , issue keys, ID cards and
explain the access control processes to CLEC. The access control process includes but
is not limited to the requirement that all CLEC approved personnel are subject to
trespass violations if they are found outside of designated and approved areas or if they
provide access to unauthorized individuals. Likewise, Owest personnel are subject to
trespass violations if they are found to be wrongfully inside CLEC physical caged
collocated areas or if they wrongfully provide access to unauthorized individuals.
18.Owest will take all reasonable measures to insure that CLEC
equipment collocated in Owest Premises is afforded physical security at Parity
with Owest's similarly situated equipment. Should an event occur within a Owest
Premises that suggests vandalism or other tampering with CLEC's equipment
Owest will, at CLEC's request, vigorously and thoroughly investigate the
situation. CLEC shall cooperate in the investigation as requested by Owest.
Owest will keep CLEC apprised of the progress of any investigation, and report
any conclusions in a timely manner.19 Owest shall provide access to CLEC's collocated equipment and existing
eyewash stations , bathrooms, and drinking water within the Premises on a twenty-four
(24) hours per day, seven (7) days per week basis for CLEC personnel and its
designated agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying CLEC's employees entry into Owest Premises. Owest
. shall provide CLEC with access to other basic facilities, including parking, where
available on a first-come , first-served basis.
8.2,20 CLEC shall be restricted to corridors, stairways , and elevators that
provide direct access to CLEC's space, or to the nearest restroom facility from CLEC'
designated space, and such direct access will be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building,21 Nothing herein shall be construed to limit CLEC's ability to obtain more
than one form of Collocation (i.e., Virtual , Caged, Shared and Cageless Physical
Collocation or ICDF Collocation) in a single Premises, provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation
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Section 8
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Transfer of Responsibility. A Collocation site is only eligible for Collocation
Decommission or a Collocation Transfer of Responsibility after the site is built-out and
accepted by CLEC. Abandoned equipment shall be handled as detailed in Section
22.
1.22.Collocation Decommission. Collocation Decommission refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once Qwest accepts the Collocation
Decommission Application.
22.Prior to submitting a Collocation Decommission
Application, all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges. CLEC financial obligations include payment of one
hundred percent (100%) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30) Days
past due.
22,CLEC must disconnect all services, including any
administrative services , from the Collocation site to be decommissioned
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services, all
charges with respect to the Collocation site will continue to accrue and
the Collocation Decommission Application will be rejected.
22,Prior to disconnecting its services, including
direct CLEC-to-CLEC connections, CLEC must notify, in writing,all of its current End User Customers affected by the
discontinuation of service. CLEC must submit an email
notification with the Collocation Decommission Application
representing to Qwest that all CLEC End User Customers have
been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA will result in the rejection of the Collocation Decommission
Application.
22.CLEC should remove its equipment prior to
submitting a Collocation Decommission Application. Equipment includes
all CLEC owned electronic equipment, equipment racks, mounting
hardware, and CLEC supplied cable (including direct CLEC-to-CLEC
cables), termination blocks and cage materials. If CLEC does not remove
its equipment within thirty (30) Days of Qwest's acceptance of the
Collocation Decommission Application , Qwest will send a notification
stating the equipment is considered abandoned. Upon receiving
notification of abandonment from Qwest, CLEC will have fifteen (15) Days
to notify Qwest that the equipment is not abandoned and remove its
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Section 8
Collocation
equipment. If CLEC does not respond to the notification and remove the
equipment and Qwest determines that the equipment has been
abandoned, Qwest will send a final notification and bill CLEC for any and
all claims, expenses, fees or other costs associated with the removal by
Qwest of the abandoned equipment, including any materials used in the
removal and the hourly labor rate charges. CLEC will hold Qwest
harmless from the failure to return any such equipment, property or other
items.
22.1.4 Qwest will remove all Collocation entrance facilities.
For shared Collocation entrance facilities , Qwest will cut all fiber and/or
copper Collocation entrance facilities at the splice point in the Collocation
Point of Interconnection (C-POI). For express Collocation entrance
facilities, Qwest will remove and dispose of the Collocation entrance fiber.
22.For Virtual Collocation, Qwest will automatically
remove all equipment within ninety (90) Days, Qwest will negotiate with
CLEC to schedule the pick up of the equipment. There will be no charge
for the removal of CLEC's Virtual Collocation equipment.
22.For Collocations with direct CLEC-to-CLEC
connection arrangements, CLEC is required to disconnect and removethe direct CLEC-to-CLEC connections. Qwest prefers that CLEC
disconnect and remove the direct CLEC-to-CLEC connection cables prior
to submitting the Collocation Decommission Application. If CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application, CLEC will be allowed thirty (30)
Days from Qwest's acceptance date of the Collocation Decommission
Application to disconnect and remove the direct CLEC-to-CLEC
connection cables. If CLEC has not removed the direct CLEC-to-CLEC
connections, it will be treated as abandoned equipment.
22.CLEC will be eligible for a refund for all elements
defined as either reusable or reimbursable , if acquired by another CLEC
during the following defined time period. An inventory will be completed
by Qwest and furnished to CLEC within ninety (90) Days of the
Collocation Decommission Application acceptance identifying the
reimbursable and reusable elements and the potential credit.
22.Reimbursable elements considered for a
refund are: D80, D81 , and D83 termination cabling, and fiber
terminations, excluding Collocation entrance facility cabling.
These elements will be eligible for a refund for up to one (1) year
after the date of decommissioning.
22.Reusable elements include components
used to provision the original Collocation site (e.g" cage, bays
HVAC, cable racking). These elements will be eligible for a refund
for up to three (3) years after the date of decommissioning.
22.CLEC is required to return the space to turnover
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Section 8
Collocation
condition. Turnover condition is defined as the same condition in which
CLEC originally assumed the Collocation site. CLEC must relinquish
security access if not currently leasing another Collocation site in the
same Wire Center when verification of equipment removal is completed.
Security access will be terminated within thirty (30) Days of receipt of an
accepted Collocation Decommission Application , unless alternative
arrangements have been agreed to by Qwest.
22.Ordering - CLEC should submit a Collocation
Decommission Application form, Qwest will notify CLEC within one (1)
business day if the prerequisites have been met. Qwest will validate the
order within two (2) business days from receipt of the Collocation
Decommission Application. Qwest will provide an inventory of the eligible
reimbursable and reusable elements and the potential credits within
ninety (90) Days of the Collocation Decommission Application
acceptance.
22.10 Billing - Qwest will not charge for decommissioning
Collocations unless equipment has been abandoned or the Collocation
space has not been returned to turnover condition. Charges for work
related to the removal of abandoned equipment or returning the
Collocation space to turnover condition include miscellaneous hourly
labor charges and if applicable, dispatch charges will apply for
unmanned Central Offices and Remote Collocations.
22.Collocation Transfer of Responsibility. Collocation Transfer of
Responsibility is the transfer of a Collocation site from vacating CLEC (current
CLEC leasing the space in the Premises) to an assuming CLEC. Collocation
Transfer of Responsibility is available for Caged Physical Collocation , Cageless
Physical Collocation, and Virtual Collocation. All other types of Collocation to be
transferred will be handled on an Individual Case Basis (ICB). There are two (2)
types of Collocation Transfer of Responsibility: 1) Collocation Transfer of
Responsibility Without Working Circuits - The Collocation is not serving any End
User Customers and does not have active service terminations (e.
Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits - The Collocation has active service terminations, such as
Interconnection trunks or is serving End User Customers.
22.Generally, Collocation Transfer of Responsibility is
not available if another CLEC or Qwest are waiting in queue for available
space within the requested Premises; however, if assuming CLEC
acquires all or substantially all of the Collocation sites of vacating CLEC
in Qwest Premises in the state, such transfers shall not be subject to any
queue for available space. In addition, regardless of any space requests
that may be pending in a Qwest Premises, Collocation Transfer of
Responsibility shall be available when vacating CLEC and assuming
CLEC are affiliated corporate entities prior to or immediately after the
proposed transfer, or the transfer is due to a bankruptcy court order.
vacating CLEC has filed for bankruptcy, assuming CLEC must comply
with Applicable Law in obtaining the transfer of the Collocation site.
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Section 8
Collocation
8.2.22.Both vacating CLEC'and assuming CLEC'
Interconnection Agreements with awest must contain finalized terms and
conditions for Collocation Transfer of Responsibility and all associated
services. Assuming CLEC is required to have an Interconnection
Agreement with awest prior to submitting a Collocation Transfer of
Responsibility request. Assuming CLEC will need to amend any
previously existing Interconnection Agreement prior to submitting a
Collocation Transfer of Responsibility request if its Interconnection
Agreement does not contain the terms and conditions and rate elements
for all services that will be transferred.
22.2.Collocation Transfer of Responsibility with working
circuits is available if only administrative changes are required and the
transfer does not involve translations work that needs to be processed in
conjunction with the transfer, If translations work is needed, CLEC'
transfer plans shall allow for the completion of the Collocation Transfer of
Responsibility prior to initiating any translation activity.
22,2.4 A request for Collocation Transfer of Responsibility
is irrevocable upon one hundred percent (100%) payment by assuming
CLEC of the nonrecurring Collocation transfer charges reflected on the
quotation.
22,The Collocation site to be transferred is identified by
vacating CLEC's eleven (11) character CLLlTM code. The Collocation site
will be transferred "as is" and in its entirety. This includes, but is not
limited to, Collocation entrance facilities from the Collocation - Point of
Interface (C-POI) manhole, cables, Splitters , and working circuits, if
applicable, If the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation will be
transferred as part of the Collocation Transfer of Responsibility.
22.The transfer of equipment between vacating CLEC
and assuming CLEC will be the responsibility of vacating CLEC and
assuming CLEC. awest is not responsible for the physical condition of
vacating CLEC's equipment, with the exception of equipment associatedwith a Virtual Collocation , as set forth in CLECs' Interconnection
Agreements. The negotiation of the transfer terms and conditions
between vacating CLEC and assuming CLEC is the responsibility of
those two parties. awest will not participate in these negotiations. awest
will only manage the database and records transfer.
22.Assuming CLEC will provide the information Owest
will need to update the following items: Customer Name , Access Carrier
Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC
address, phone number, billing and contact information , and contract
number. The Collocation eleven (11) character CLEC CLLlTM code will
remain the same.
22.Submission of new connect, change, and disconnect
orders will be restricted from quotation acceptance until the transfer of the
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Section 8
Collocation
working circuits is complete, If new connect, change, and disconnect
orders need to be submitted between quotation acceptance and the
completion of the transfer, they will be handled on an 1GB and may affect
the Ready for Service (RFS) date. Submission of Collocation augment
orders will not be allowed from the time that the Collocation Transfer of
Responsibility Application has been accepted by Owest until assuming
CLEC has accepted the quotation for the Collocation Transfer of
Responsibility.
22.All work in progress related to the Collocation site
and associated working circuits, if applicable, must either be completed or
cancelled by vacating CLEC prior to the quotation acceptance.
22.10 If vacating CLEC does not lease another Physical
Collocation site at the specified Central Office at the time of the
Collocation Transfer of Responsibility request, then vacating CLEC must
relinquish security access to the building.
22.11 Vacating CLEC's financial obligations to Owest with
respect to the Collocation site to be transferred must be met, with the
exception of formally disputed charges, prior to submitting a Collocation
Transfer of Responsibility Application. Vacating CLEC'financial
obligations include payment of one hundred percent (100%) of all
nonrecurring charges and all applicable recurring charges for the specific
Collocation account that are more than thirty (30) Days past due.
Vacating CLEC may meet its financial obligations by having them
expressly assumed, in writing, by assuming CLEC and assuming CLEC
pays such obligations at the time it accepts the quotation for Collocation
Transfer of Responsibility.
22,12 Assuming CLEC'financial obligations to Owest
must be in good standing prior to submitting a Collocation Transfer of
Responsibility Application , with the exception of formally disputed
charges.
22.13 Vacating CLEC and assuming CLEC must provide a
signed Transfer Authorization Agreement. Required information on the
Owest Transfer Authorization Agreement: Owest Central Office Name
applicable CLLlTM codes, Collocation BAN numbers, and charges (from
Exhibit A) for the transfer of the Collocation site,
22.14 Prior to submitting a Collocation Transfer of
Responsibility Application without working circuits, vacating CLEC must
ensure that no active circuits exist at the Collocation site to
transferred.
22.15 Prior to transferring a Collocation site with working
circuits, vacating CLEC must notify, in writing, all of its current End User
Customers that utilize the Collocation site s equipment or facilities of the
transfer of service to assuming CLEC, unless vacating CLEC has a
waiver from the FCC or other applicable regulatory authority. Vacating
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Section 8
Collocation
CLEC must provide an email notification to Qwest with the Collocation
Transfer of Responsibility Application representing that all of its End User
Customers have been properly notified or provide a copy of any
applicable waiver.
8.2,22.16 ' If the Collocation site being transferred has a direct
CLEC-to-CLEC connection arrangement
, ,
a letter of authorization (LOA)
must be submitted with the Collocation Transfer of Responsibility
Application , signed by both CLECs in the direct CLEC-to-CLEC
arrangement authorizing the transfer of the direct CLEC-to-CLEC
connection service to assuming CLEC. A separate LOA is required for
each direct CLEC-to-CLEC relationship associated with the transferring
Collocation site. Each LOA shall identify the CLECs, CLLI codes, and
BANs for their respective Collocations.
22.2.17 Vacating CLEC and/or assuming CLEC will be
responsible for submitting Local Service Requests (LSRs) for Unbundled
Loops, enhanced extended Loops (EELs), and line splitting, Assuming
CLEC may submit LSRs once it has accepted the quotation for the
Collocation Transfer of Responsibility and has received the preliminary
APOT information from Qwest. Orders to transfer Local Interconnection
Service (LIS) trunks and ancillary services (e.g" SS7 , 911 , operator
services) with no translation activity, as well as private line and Access
Services circuits , will be processed based on the information provided inthe Collocation Transfer of Responsibility Application spreadsheet.
Assuming CLEC is responsible for Directory Assistance (DA), operator
services (OS), Directory Listings, Busy Line Verify/Busy Line Interrupt
(BLV/BLI), and 911 changes , if applicable. Any SS7 changes will need to
be made after the transfer is complete.
22.18 After the Collocation Transfer of Responsibility is
complete, vacating CLEC, assuming CLEC, and Qwest are all required to
sign the Qwest Services Transfer Agreement.
22.19 Billing, Vacating CLEC will not incur charges for the
transfer of the Collocation site. Vacating CLEC is obligated to pay all
recurring charges associated with the Collocation until Qwest completes
the Collocation Transfer of Responsibility request. Assuming CLEC'
quotation will reflect the following nonrecurring charges associated with
the transfer of the Collocation site: Assessment Fee, payable regardless
of whether the quotation is accepted or not, a Network Systems
Administration Fee, and charges for processing the transfer of working
circuits , if applicable, Upon completion of the Collocation Transfer of
Responsibility, Qwest will begin Billing assuming CLEC for all recurring
charges based on assuming CLEC's Interconnection Agreement and will
cease Billing vacating CLEC.
22.Abandoned Equipment. If Qwest finds, in the course of
business, reasonable evidence to substantiate that any equipment or property of
CLEC has been abandoned or left unclaimed in or at any Premises, Qwest shall
notify CLEC in writing, via an electronic form, of the existence of such equipment
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or property and CLEC shall have sixty (60) Days from the date of receipt of such
notice to remove such equipment or property from the Premises. If Owest has
not received any response to this notice within thirty (30) Days of the sending of
the notice , Owest shall send a copy of the notice to CLEC via registered mail. If
prior to the termination of the sixty (60) Day period, CLEC disputes that the
equipment or property has been abandoned or left unclaimed at the Premises
CLEC shall provide written notice to Owest of such dispute ("Resolution
Request") and commence Dispute Resolution proceedings pursuant to Section
18 of this Agreement. If no Resolution Request has been delivered to Owest
within sixty (60) Days of the first written notice , all equipment or property of CLEC
not removed from the Premises shall conclusively be deemed and construed to
have been transferred, deeded, and assigned by CLEC to Owest and may be
appropriated, sold, stored , destroyed and/or otherwise disposed of by Owest
without further notice to CLEC and without obligation to account therefor, and
CLEC shall reimburse Owest for all reasonable expenses incurred in connection
with the storage or other disposition of such equipment or property. If CLEC
delivers a Resolution Request but fails to commence Dispute Resolution
proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve
the dispute with Owest, within thirty (30) Days of the delivery of such Resolution
Request, then thirty (30) Days after the date of the Resolution Request, all
equipment or property of CLEC not removed from the Owest Premises shall
conclusively be deemed and construed to have been transferred , deeded, and
assigned by CLEC to Owest and may be appropriated" sold , stored , destroyed
and/or otherwise disposed of by Owest without further notice to CLEC and
without obligation to account therefor, and CLEC shall reimburse Owest for all
reasonable expenses incurred in connection with the storage or other disposition
of such equipment or property. CLEC hereby releases and agrees to defend,
indemnify, and hold harmless Owest from and against any and all costs
expenses, claims, judgments, damages, liability or obligation arising out of or in
connection with Owest's exercise of any or all of its rights under this Section.
Notwithstanding the provisions of this Section , where CLEC has submitted a
Decommissioning Application , the provisions of Section 8.22.1 of this
Agreement, shall govern the equipment or property of CLEC and not this Section
unless CLEC fails to remove its equipment or property in accordance with the
terms of Section 8.22.1 of this Agreement.23 Owest shall design and engineer the most efficient route and cable
racking for the connection between CLEC's equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Owest Premises; or to
CLEC's own non-contiguous Collocation space, The most efficient route generally will
be over existing cable racking, to the extent Technically Feasible , but to determine the
most efficient route and cable racking, Owest shall consider all information provided by
CLEC in the Collocation Application form , including but not limited to , distance limitations
of the facilities CLEC intends to use for the connection. CLEC shall have access to the
designated route and construct such connection, using copper, coax, optical fiber
facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own
choosing. CLEC may place its own fiber, coax, copper cable , or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space, subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Owest.
CLEC may perform such Interconnections at the ICDF, if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
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collocated Affiliate of CLEC, to any End User Customer s premises, and may
interconnect CLEC's own collocated space and/or equipment (e., CLEC's Physical
Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC
Connections shall be ordered either as part of a Collocation Application under Section
8.4, or separately from a Collocation Application in accordance with Section 8.4.
CLEC-to-CLEC Cross Connections at an ICDF are available , as follows:
23.CLEC-to-CLEC Cross Connections at the ICDF.
23.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEC'capability to order a Cross Connection from its
Collocation in a Qwest Premises to its non-adjacent Collocation space or
to another CLEC's Collocation within the same Qwest Premises at the
ICDF.
23.1.2 Qwest will provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLEC's Connecting Facility
Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
level.
23.If CLEC has its own dedicated ICDF CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides, These tie cables would be ordered through the
existing Collocation Application form.
23,1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customer s needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
23.If two (2) CLECs are involved, one (1) CLEC acts as
the "ordering" CLEC, The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Billing Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Qwest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).24 Qwest will provide CLEC the same connection to the network as Qwest
uses for provision of services to Qwest End 'User Customers. The direct connection to
Qwest's network is provided to CLEC through a direct connection to Qwest's existing
Cross Connection network. CLEC and Qwest will share the same distributing frames for
similar types and speeds of equipment, where Technically Feasible and space
permitting.
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25 CLEC terminations will be placed on the appropriate Owest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Owest terminations on Owest frames without a requirement for an
intermediate device.
8.2,26 If CLEC disagrees with the selection of the Owest Cross Connection
frame CLEC may request a tour of the Owest Premises to determine if Cross
Connection frame alternatives exist, and may request a connection to an alternative
frame or an alternative arrangement, such as direct connections from CLEC'
Collocation space to the MDF or COSMICTM frame.27 Conversions of the various Collocation arrangements (e., Virtual to
Physical) will be considered on an Individual Case Basis. However, conversions from
Virtual Collocation to Cageless Physical Collocation, where the conversion only involves
an administrative and Billing change , and the virtually collocated equipment is located in
a space where Cage less Physical Collocation is available, shall be completed in thirty
(30) Days. CLEC must pay all associated conversion charges.28 Owest shall permit CLEC to construct or subcontract the construction and
build-out of Physical Collocation arrangements with contractors approved by Owest.
Such CLEC construction of Physical Collocation arrangements are for within CLEC'
physical space including the cage, if appropriate, frames , and cable racking. Also,
CLEC may install the tie cables, blocks, and terminations on the ICDF or CLEC-to-CLEC
connections, outside CLEC's physical space and according to Owest's design. Owest
approval of CLEC contractors involves security access arrangements and shall not be
unreasonably withheld, CLEC is not required to use Owest or Owest contracted
personnel for the engineering and installation of CLEC's collocated equipment. Approval
by Owest of CLEC's employees, vendors or subcontractors shall be based on the same
criteria that Owest uses in approving contractors for its own purposes.29 Owest will provide CLEC with written notification at least five (5) business
days before any scheduled non-emergency AC or DC power work in the collocated
facility that may cause a power disruption to CLEC equipment located in the Owest
facility. This does not include notification of routine power testing or power installation
work not expected to cause a power disruption. Owest will use diligent efforts to notify
CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon
as Owest becomes aware that an outage is to take place or has occurred and (b) any
emergency power disruption that would impact CLEC equipment no later than thirty (30)
minutes after such activity commences. Finally, Owest shall immediately notify CLEC by
ACR if an alarm condition exists with respect to the monitoring of power that poses a
material risk to the continued operation of CLEC equipment.30 Optional DC Power Measurement. CLEC will order DC power to meet its
needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than
sixty (60) amps, Owest typically terminates such feed on a power board. If CLEC orders
sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse
board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty
(60) amps or less, the power usage rate is based on CLEC ordered amps. For power
feeds of greater than sixty (60) amps terminated at the power board, Owest will measure
usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Owest
will also take a reading within thirty (30) Days of a written request by CLEC. Owest will
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perform a maximum of four (4) readings per year for a particular Collocation site. Until
the routine semi-annual reading or until such time that Qwest makes a reading based on
a written request, Qwest will bill CLEC based on the amount of power ordered. Based
on the reading, Qwest will adjust the new monthly usage rate to CLEC's actual usage
rate on a going forward basis,31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate
in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF),
CLEC may request Joint Testing on the Collocation Application form or by sending a
separate Joint Testing Application form. Collocation and Joint Testing Application forms
are available in the PCA T. CLEC must specify on its application the terminations to be
tested and the type of tests to be performed with Qwest. CLEC must provide contact
information on the application for Qwest to arrange the Joint Testing date and time.
Qwest will acknowledge acceptance of the application within ten (10) Days of receipt.
Joint Testing will be complete within ninety (90) Days of the RFS if Joint Testing is
requested on the Collocation Application form or ninety (90) Days from acceptance of
the Joint Testing Application form.
8.2.31.Qwest will only test between CLEC Collocation and the ICDF
once CLEC equipment is in place. Joint Testing is only available for the
terminations identified on the Collocation Application or Joint Testing Application.
If CLEC wants additional terminations tested that are not identified on its initial
application , CLEC wilL need to complete a new Joint Testing Application.
31.Each Party will provide appropriate test equipment for its
technicians, Qwest will assist CLEC in conducting continuity tests on
terminations at the ICDF. Qwest will not operate CLEC test equipment. If errors
are found during the Joint Testing, Qwest will only repair Qwest network faults.
CLEC is responsible for replacement or repair of GLEe-provided facilities.
31.If during the scheduled Joint Testing, the Qwest-caused error
rate is more than two percent (2%) on the terminations identified for testing,
Qwest will not charge for this Joint Testing. If there are less than two percent
(2%) errors found or if the errors found are facility errors on CLEC provided
facilities , Qwest will charge for the Joint Testing. One (1) pair is counted as two
(2) terminations and errors are counted on a one (1) termination basis. If CLEC
requests that the charges be waived because Qwest errors are found during
Joint Testing, Qwest may access CLEC's Collocation space to identify if the
facility cabling sequence is correct, per applicable standards. CLEC may review
Qwest facility cabling at the ICDF to verify the cable sequence, per applicablestandards. 32 DC Power Reduction. DC Power Reduction With Reservation allows
CLEC to reserve 'a fuse or breaker position on the power board or battery distribution
fuse board (BDFB) when reducing a secondary power feed to zero. CLEC will pay a
monthly power maintenance charge to retain the existing power cabling and fuse
position for future power augment requests or until such time as CLEC notifies Qwest it
wishes to discontinue the option. DC Power Reduction Without Reservation allows
CLEC to reduce the ordered amps on a primary or secondary feed to a minimum of
twenty (20) amps,
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32.Applications for DC Power Reduction may be submitted only for
Collocation sites that have been completed and accepted by CLEC, otherwise
CLEC should follow standard change or augment procedures including the
applicable rates for changes or augments. On the Collocation Application , CLEC
should indicate that it is a request for DC Power Reduction and identify the
specific power feeds to be reduced. Qwest will notify CLEC of any deficiencies in
the Collocation Application , within ten (10) Days of receipt. A quotation for the
DC Power Reduction will be provided to CLEC within twenty-five (25) Days. The
quoted nonrecurring charges will be honored for thirty (30) Days from the
quotation. CLEC payment of all quoted nonrecurring charges constitutes
acceptance and Qwest will then perform the work. If CLEC accepts the quotation
within seven (7) Days, Qwest shall complete the DC Power Reduction within
ninety (90) Days of receipt of the Collocation Application. If CLEC accepts the
quotation after seven (7) Days, Qwest shall complete the DC Power Reduction
within ninety (90) Days of receipt of CLEC's acceptance.
32.CLEC assumes all responsibility for outages or impacts to CLEC
services and equipment due to the reduction in DC power. Restoration of the DC
power is contingent upon the desired power and fuse availability.
32.Before submitting a Collocation Application requesting DC
Power Reduction , CLEC's financial obligations for the Collocation site must be
current, with the exception of formally disputed charges. Billing to CLEC will be
revised to reflect the reduced DC power upon receipt of payment of the quoted
charges effective back to the date of acceptance by Qwest of the Collocation
Application.
32.4 If a shortage of fuse positions is imminent, Qwest will notify CLEC
of the need to exercise its option to reuse the power feed and fuse , or relinquish
the fuse position for use by another CLEC or Qwest. Upon receipt of such
notification, CLEC must request restoration of the secondary power feed to at
least twenty (20) amps or return the fuse position to Qwest within thirty (30)
Days.33 Collocation Available Inventory. Collocation Available Inventory provides
CLEC with information about the availability of (a) returned Collocation sites and
elements under Qwest's control ("Qwest Postings ) and (b) CLEC controlled sites that
may be posted are available for a Transfer of Responsibility ("CLEC Postings
).
Qwest
and CLECs may post available Collocation sites on Qwest's wholesale web site at:
http://www.qwest.com/whoiesale/pcat/colloclassifieds.htmi. CLEC must either have an
approved Interconnection Agreement or is currently negotiating with Qwest to have an
interim Interconnection Agreement with the specific type of Collocation to be obtained,
the Interconnection Agreement is pending approval CLEC must execute an early
ordering letter, Qwest reserves the right to remove Qwest Postings to satisfy CLEC
Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest
Postings as a basis to claim exhaust in any Qwest Premises.
33.CLEC obtaining a Collocation site from Qwest Postings must not
have any overdue financial obligations owed to Qwest for Collocation, with the
exception of formally disputed charges. CLEC will be required to pay a minimum
of six (6) months of space construction and floor space lease recurring charges if
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CLEC terminates its lease prior to six (6) months occupancy.
33.Qwest Postings, Collocation sites available in Qwest Postings
may be partially or fully completed before being returned to Qwest inventory.
Both Caged Physical Collocation and Cageless Physical Collocation sites will be
offered in the Qwest Postings and will be available under the terms and
conditions set forth in the Interconnection Agreement of the CLEC acquiring the
Collocation space. CLEC may request to add to or complete the Collocation site
to its specifications. CLEC may also request that Qwest reduce the cable
terminations and CLEC will be charged for the removal of such cable
terminations.
33.All services that were previously connected to the Collocation
(e,, UNEs, CLEC to CLEC, administrative lines, Finished Services, and Line
Splitting) will be disconnected before the site is listed in the Qwest Postings.
Power, grounding, and Entrance Facilities will also be disconnected before the
site is listed. Qwest shall inventory all reusable and reimbursable elements and
include them in the Collocation site information.
33.4 Qwest may also elect to offer Collocation sites returned through
bankruptcy or abandonment consistent with Applicable Law (Le.
, "
Special Sites
These Collocation sites will not be decommissioned and will be posted as
unverified sites with equipment which may include electronic equipment, racks
cages, DC power, grounding and terminations, It is expressly understood and
agreed that Qwest is selling equipment that is used or surplus equipment on an
as is, where is" basis with all faults, latent and patent, and the equipment is
conveyed without any Qwest warranties or representations of any kind, express
or implied, CLEC is responsible for all software and software license agreements
for any equipment conveyed as part of a Special Site. CLEC is responsible for
handling, scrapping, destruction or other disposition of any equipment conveyed
as part of a Special Site and shall conform and comply with: (a) All applicable
federal , state , county and municipal laws , statutes, regulations, and codes
regulating hazardous wastes, materials or substances, including, but not limited
to the Toxic Substances Control Act (TSCA) (15 U.C, 9 2601 et seq.); the
Resource Conservation and Recovery Act (RCRA) (42 U.C. 9 6901 et seq.
Hazardous Materials Transportation Act (HMTA) (49 U.C. 9 1801 et seq.
Occupational Safety and Health Act (OSHA) (29 U.C. 9 651 et seq.
Comprehensive Environmental Response, Compensation , and Liability Act
(CERCLA)(42 U.C. 9 9601 et seq.); and any successor acts thereto or the
regulations promulgated thereunder and any applicable International laws and
regulations; (b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious metals , scrap
metals and material processing and or residual, material disposition whether
hazardous or non-hazardous as defined by governing laws and or applicable
laws and, are the sole responsibility of CLEC; and (c) All hazardous waste
hazardous material , hazardous substances or solid waste manifests relating to
the shipping, receiving, disposal or final disposition of the equipment shall not
reference, list or otherwise indicate on the manifest that Qwest is the generator
arranger, transporter, owner or otherwise the party that owns, controls, manages
handles, stores, generates or otherwise uses the equipment. On any required
hazardous waste, hazardous material, hazardous substances or solid waste
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manifest relating to the shipping, receiving, disposal or final disposition of the
equipment, CLEC shall be listed as the generator, arranger and owner of the
materials.
33.CLEC will submit a Collocation Application indicating a specific
Collocation site from the Collocation Available Inventory. Owest will follow the
standard Collocation provisioning intervals for the type of Collocation as included
in CLEC's Interconnection Agreement. During preparation of the quotation
Owest will validate all reusable elements and send an inventory verification letter,
After receipt of the validated inventory, CLEC may cancel the Collocation
Application or submit a change to the pending Collocation Application. Any
cancellation due to differences between the Owest Posting and actual inventory
will not result in a OPF or Engineering and Design Fee being charged.
33.Charges for Collocation sites listed in the Owest Postings will be
on a site-specific basis, according to assuming CLEC'Interconnection
Agreement and its requested work in the Collocation Application. Assuming
CLEC will receive a fifty percent (50%) discount on nonrecurring reusable
elements, if any, as defined in Section 8.22.
CLEC Collocation of Splitters
34.If CLEC elects to have Splitters installed in Owest Wire Centers
via the standard Collocation arrangements CLEC will either purchase the
Splitters or have Owest purchase the Splitters subject to full reimbursement of
the cost of the Splitters plus any pass through of actual vendor invoice costs
including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Office equipment Collocation set by the FCC. CLEC
will be responsible for installing and maintaining the Splitters in its Collocation
areas within Owest Wire Centers.
34.Reclassification allows a CLEC that has existing spare
terminations to reclassify those terminations for UNE or other services as
necessary. Reclassification is required when the terminations for the requested
services are inventoried in a database different from the database of the existing
spare terminations. A spare termination is a CLEC termination that is not in use
and has no pending orders against it.
34.CLEC may designate some or all of its existing tie cables for use
in connection with UNEs or other services. Owest will perform any necessary tie
cable reclassifications, frame re-stenciling, and related work for which it is
responsible and that is required to provision Line Splitting and Loop Splitting.
Charges will apply pursuant to Exhibit A of the Agreement.
34.4 Two (2) ITPs and two (2) tie cables will be needed to connect
Splitters to the Owest network. One (1) ITP will carry both voice and data traffic
from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this
frame, one (1) tie cable will carry both voice and data traffic to the Splitter located
in CLEC's Collocation area. The voice and data traffic will be separated at the
Splitter. The data traffic will be routed to CLEC's network within its Collocation
area. The voice traffic will be routed to the COSMICTM/MDF Switch termination
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via the ICDF , using a second tie cable and a second ITP.
34.Interconnection Tie Pairs and Tie Cables. There are two (2)
types of ITP arrangements for connecting the Qwest network to the CLEC
provided Splitter, depending on whether CLEC elects to use an ICDF or direct
connections.
34.CLEC may elect to use an ICDF. In this instance, one (1)
ITP carries the combined voice/data signal from the COSMICTM/MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the ICDF to the COSMICTM/MDF Switch termination. For
each Shared Loop, two (2) pairs of the tie cable must be used: one (1)
pair of the tie cable will carry the voice/data from the lCDF to the CLEC
provided Splitter, and the second pair will carry the voice-only signal from
the CLEC provided Splitter to the ICDF.
34,CLEC may elect to use direct connections between
the GLEe-provided Splitter and the COSMICTM/MDF. In this instance,
Qwest will provide one (1) tie cable between each module of the
COSMICTM/MDF and the GLEe-provided Splitter. One (1) pair in the tie
cable will carry the combined voice/data signal from the COSMICTM/MDF
Loop termination to the GLEe-provided Splitter in CLEC's Collocation
space. A second pair in the tie cable will carry the voice-only signal from
the GLEe-provided Splitter to the Switch termination on the
COSMICTM/MDF. These tie cables will be dedicated to CLEC's use , and
as a result, the full cost of the necessary Mechanized Engineering and
Layout for Distributing Frame (MELDTM ) run, cable placement, and cable
termination, and associated COSMICTM/MDF hardware to terminate a tie
cable on each outside plant and Switch equipment module of the
COSMICTM/MDF will be assessed to CLEC in accordance with Section 8
(Collocation). To minimize CLEC's cost, to the extent feasible , Qwest
shall consolidate CLEC's requirements with the requirements of Qwest
and other CLECs into a single MELDTM run whenever feasible. Costs of
such consolidated MELDTM runs shall be prorated among the parties
including Qwest. Qwest will provide, for each Shared Loop, the tie cable
pair assignments.
34.The Demarcation Points between Qwest's network and CLEC'
network will be the place where the combined voice and data Loop is connected
to the ICDF, or where CLEC chooses a direct connection to the COSMICTM/MDF
where the combined voice and data Loop originates from CLEC's Collocation.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows
CLEC to request a comprehensive visit with Qwest at an existing Central Office
Collocation site. The purpose of this Joint Inventory Visit is to review space, power
terminations, synchronization, administrative lines, virtual equipment common area
splitter, AC outlets, and to verify billable rate elements versus actual billing.
35,There will be no time allocated during the visit for testing or
repairing items identified. The Joint Inventory Visit Process excludes physical
review of the Entrance Facility POI location. Inventory will be documented and
any deviations identified on a "Collocation-Joint Inventory Visit Form." This form
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will become the basis for a follow-up corrective action plan based on mutual
agreement. A copy will be provided to CLEC prior to the wrap-up conference
call.
35.Joint Inventory Visit is available for any Central Office premise
type of Collocation.
35.Joint Inventory Visit quotation will be communicated from the
Qwest Collocation Project Management Center (CPMC) via email to CLEC and
followed by an invoice requiring 100% payment. Quotations are sustainable
upon receipt, since the shortened timeframe requires immediate processing by
Qwest.
35.4 The visits will be conducted during normal business hours defined
as: Monday through Friday from 8 am to 5 pm local time excluding Qwest
recognized holidays.
35.The Qwest employee conducting the visit will be a knowledgeable
management employee. The Qwest representative will be identified by a State
Interconnect Manager (SICM).
35.The overall process for a Collocation Joint Inventory Visit will be
sixty (60) Days from receipt of a valid and complete application to completion of
the Joint Inventory Visit, subject to scheduling availability of both Qwest and the
CLEC.
8.2.35.A maximum of two scheduling visits will be planned subject to a
minimum forty-eight (48) hour cancellation policy. Any cancellation less than
forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to
conduct the visit by CLEC will result in CLEC being billed and no deliverables
received.
8;2.35.CLEC must submit a "Joint Inventory Visit Application" to order a
Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available
at http://www.qwest.com/whoiesale/pcaticollocation.html#imp.
35.Each site requested will require a separate application form. This
is defined as each eleven digit CLL! code location.
8.2.35.10 CLEC will receive an email acknowledgment of the application
receipt and validation or feedback on any information requiring clarification within
one (1) business Day.
Terms and Conditions - Virtual Collocation
Qwest is responsible for installing, maintaining, and repairing virtually
collocated equipment for the purpose of Interconnection or to access UNEs, ancillary
and Finished Services. When providing Virtual Collocation , Qwest shall install, maintain
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of Qwest.
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2.2,CLEC will not have physical access to the virtually collocated equipment
in the Qwest Premises. However, CLEC will have physical access to the Demarcation
Point in the Qwest Premises.
CLEC will be responsible for obtaining and providing to Qwest
administrative codes (e., common language codes) for all equipment provided by
CLEC and installed in Qwest Premises.2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated
equipment by Qwest, all warranties and access to ongoing technical support are passed
through to Qwest at CLEC's expense. CLEC shall advise the manufacturer and seller of
the virtually collocated equipment that CLEC's equipment will be possessed , installed
and maintained by Qwest.
5 CLEC'virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local , state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. CLEC shall provide Qwest interface
specifications (e., electrical, functional , physical and software) of CLEC'virtually
collocated equipment. Such safety and engineering standards shall apply to CLEC
equipment only to the degree that they apply to Qwest equipment located in Qwest'
Premises.
CLEC must specify all software options and associated plug-ins for its
virtually collocated equipment.
CLEC will be responsible for payment of Qwest'initial direct training
charges associated with training Qwest employees for the maintenance, operation and
installation of CLEC's virtually collocated equipment when such equipment is different
than the standard equipment used by Qwest in that Premises. This includes per diem
charges (i.e., expenses based upon effective Qwest labor agreements), travel and
lodging incurred by Qwest employees attending a vendor-provided training course.
CLEC will be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC's virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEC shall not be responsible for any costs or charges incurred in the
maintenance and/or repair of CLEC's virtually collocated equipment where such costs or
charges result from Qwest's fault or negligence.
Terms and Conditions - Caged and Cageless Physical Collocation
Qwest shall provide Caged and Cage less Physical Collocation to CLEC
for access to UNEs and ancillary services and Interconnection, except that Qwest may
provide Virtual Collocation if Qwest demonstrates to the Commission that Physical
Collocation is not practical for technical reasons or because of space limitations , as
provided in Section 251 (c)(6) of the Act.
Physical Collocation is offered in Premises on a space-available, first
come, first-served basis.
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Intentionally Left Blank.3.4 Qwest will design the floor space in the most efficient manner possible
within each Premises that will constitute CLEC'leased space. CLEC will , in
accordance with the other terms and conditions of this Section , have access to its leased
space.
When Qwest constructs the collocated space, Qwest will ensure that the
necessary construction work (e., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to Qwest Technical Publication 77350, including all
construction of CLEC's leased physical space and the riser from the vault to the leased
physical space.
CLEC owns or leases and is responsible for the installation, maintenance
and repair of its equipment located within the physically collocated space leased from
Qwest.
Qwest shall permit CLEC to commence installation of its equipment prior
to completion of Qwest's work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date will be negotiated by Qwest and
CLEC on a site specific basis, In order to obtain early access , CLEC must pay eighty
percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges
before early access is granted, leaving a holdback of ten percent (10%) of the originally
quoted nonrecurring charges. All appropriate (Le., space and cable racking) recurring
charges will begin on a negotiated date. The enclosure for Caged Physical Collocation
must be complete before early access is granted. Such early access by CLEC shall not
interfere with the work remaining to be performed by Qwest.
Upon completion of the construction of the Collocation project, Qwest will
work cooperatively with CLEC in matters of joint testing and maintenance.9 If, during installation, Qwest determines CLEC activities or equipment do
not comply with the NEBS Level 1 safety standards listed in this Section or are in
violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has
the right to stop all installation work until the situation is remedied. Qwest shall provide
written notice of the non-compliance to CLEC and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question , together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If such
conditions pose an immediate threat to the safety of Qwest employees, interfere with the
performance of Qwest's service obligations , or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other equipmentin the Premises, Qwest
may perform such work and/or take action as is necessary to correct the condition at
CLEC's exp~nse. In the event that CLEC disputes any action Qwest seeks to take or
has taken pursuant to this provision, CLEC may pursue immediate resolution by the
Commission or a court of competent jurisdiction.
All equipment placed will be subject to random safety audits conducted by
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Qwest. These audits will determine whether the equipment meets the NEBS level
safety standards required by this Agreement. ClEC will be notified of the results of this
audit. If, at any time, pursuant to a random audit or otherwise , Qwest determines that
the equipment or the installation does not meet the NEBS standards described in
Section 8., ClEC will be responsible for the costs associated with the removal
modification to, or installation of the equipment to bring it into compliance. Qwest shall
provide written notice of the non-compliance to ClEC, and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that ClEC's equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends ClEC's equipment fails to meet. If ClEC fails
to correct any non-compliance within fifteen (15) Days of written notice of non-
compliance, or if such non-compliance cannot be corrected within fifteen (15) Days of
, written notice of non-compliance, and if ClEC fails to take all appropriate steps to
correct any non-compliance as soon as reasonably possible, Qwest may pursue
immediate resolution by the Commission or a court of competent jurisdiction. If there is
an immediate threat to the safety of Qwest employees, or an immediate threat to the
physical integrity of the conduit system , cable facilities, or other equipment in the
Premises, Qwest may perform such work and/or take such action as is necessary to
correct the condition at ClEC's expense.11 Qwest shall provide basic telephone service with a connection jack at the
request of ClEC for Caged or Cageless Physical Collocation space. Upon ClEC'
request, this service shall be available per standard Qwest business service Provisioningprocesses and rates. 12 For Caged Physical Collocation, ClEC's leased floor space will
separated from other ClECs and Qwest space through a cage enclosure. Qwest will
construct the cage enclosure or ClEC may choose from Qwest approved contractors or
may use another vendor of ClEC's own choosing, subject to Qwest's approval which
may not be unreasonably withheld , to construct the cage enclosure. All ClEC
equipment placed will meet NEBS level 1 safety standards, and will comply with any
local , state, or federal regulatory requirements in effect at the time of equipment
installation or that subsequently become effective.13 For Cage less Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, Qwest will reduce the minimum square footage accordingly). Requests for
multiple bay space will be provided in adjacent bays where possible. When contiguous
space is not available, bays may be commingled with other ClECs' equipment bays.
ClEC may request, through the Qwest Space Reclamation Policy, a price quotation to
rearrange Qwest equipment to provide ClEC with adjacent space.
Transmission Facility Access to Collocation Space
2.4.For Virtual or Physical Collocation ClEC may select from four (4)
optional methods for facility access to its Collocation space. They include: 1) fiber
Entrance Facilities, 2) purchasing private line or Access Services , 3) Unbundled Network
Elements , and 4) microwave Entrance Facilities. Other Entrance Facility technologies
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may be requested through the BFR process.
2.4.Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber
Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect
Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to
Caged and Cage less Physical Collocation and Virtual Collocation. Fiber Entrance
Facilities provide the connectivity between CLEC's collocated equipment within the
Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest
Wire Center whereCLEC shall terminate its fiber-optic facility, exceptthe Express Fiber
Entrance Facilities.
2.4.CLEC is responsible for providing its own fiber facilities to the C-POI
outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FDP), Additional fiber, conduit and associated riser structure
will then be provided by Qwest from the FDP to continue the run to CLEC's leased
Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment
(Virtual Collocation). The Qwest-provided facility from the C-POI to the leased
Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall
be considered the Collocation Fiber Entrance Facility. The preceding provisions do not
apply to an Express Fiber Entrance Facility which provides that CLEC fiber will be pulled
to CLEC Collocation equipment without splices or termination on an FDP.
8.2.4.Standard Fiber Entrance Facility -- The standard fiber Entrance
Facility provides fiber connectivity between CLEC's fiber facilities delivered to the
POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC'
fiber cable is spliced into a Qwest-provided shared fiber entrance cable that
consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-
two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a
Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is
placed between CLEC's Collocation space and the FDP. The FDP provides
Qwest with test access and a connection point between the transport fiber and
CLEC's Interconnection cable.
2.4.Cross Connect Fiber Entrance Facility - The cross connect fiber
Entrance Facility provides fiber connectivity between CLEC'fiber facilities
delivered to a C-POI and multiple locations within the Qwest Wire Center.
CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable
in twelve (12) fiber increments. The Qwest fiber cable consists of six (6) buffer
tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The
seventy-two (72) fiber cable terminates in a fiber distribution panel. This fiber
distribution panel provides test access and flexibility for Cross Connection to a
second fiber distribution panel. Fiber Interconnection cables in four (4) and
twelve (12) fiber options connect the second fiber distribution panel and
equipment locations in the Qwest Wire Center. This option has the ability to
serve multiple locations or pieces of equipment within the Qwest Wire Center.
This option provides maximum flexibility in distributing fibers within the Wire
Center and readily supports Virtual and Cageless Physical Collocation and
multiple CLEC locations in the office. This option also supports transitions from
one (1) form of Collocation to another.
2.4.Express Fiber Entrance Facility -' Qwest will place CLEC-
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provided fiber cable from the C-POI directly to CLEC's Collocation space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option will not be
available if there is only one (1) conduit with two (2) unused innerducts (one (1)
for emergency restoral and one for a shared entrance cable).
2.4.4 Qwest will designate the location of the C-POI for Virtual , Caged Physical
or Cageless Physical Collocation arrangements.
2.4.The Collocation Entrance Facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a
standard Collocation Entrance Facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances will be developed on an Individual Case Basis.
2.4.Qwest shall provide an Interconnection point or points, physically
accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC'
circuits can enter Qwest's Wire Center, provided that Qwest shall designate
Interconnection points as close as reasonably possible to its Premises. Qwest shall
offer at least two (2) such Interconnection points at each Qwest Wire Center when at
least two (2) entry points pre-exist and duct space is available. Qwest will not initiate
construction of a second , separate Collocation Entrance Facility solely for Collocation,
Qwest requires the construction of a new Collocation Entrance Facility for its own use
then the needs of CLEC will also be taken into consideration.
2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase Qwest Tariffed or cataloged private line or Switched Access Services.
2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase unbundled dedicated interoffice transport.
2.4.Microwave Entrance Facilities. Qwest offers Microwave Entrance
Facilities, on Premises owned or controlled by Qwest, to access CLEC transmission
equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come , first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Qwest owned or controlled existing tower, building, or supporting structure, where space
is available, or CLEC may construct such tower or supporting structure, if necessary and
if there is sufficient space and the building structure is not jeopardized. Such microwave
equipment will be limited to that which is necessary for Interconnection to Qwest'
network or access to Qwest's Unbundled Network Elements.
2.4.Qwest will jointly coordinate and plan with CLEC for the placement
and location of the microwave equipment on a non-penetrating roof mount, or an
existing tower or supporting structure on the exterior of a Qwest Premises. The
method of placing CLEC microwave equipment shall be mutually agreed upon.
Tower space or building roof space that allows for unobstructed line-of-sight will
be provided by Qwest where Technically Feasible. A weather proof cable entry
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hatch or an existing wave-guide hatch or other suitable entrance into the building
is required. If space is available, CLEC may use an existing cable entry hatch or
a new cable entry hatch will need to be constructed. The cable entry hatch
charges are on a per-port-used basis.
2.4.CLEC can perform the determination of line-of-sight feasibility or
structural analysis or CLEC can request that Qwest perform either of these
functions. CLEC will submit a Microwave Entrance Facility Application for each
antenna arrangement and each Qwest Premises requested. A site visit will
include appropriate Qwest and CLEC personnel for the purpose of determining
whether an unobstructed line-of-sight is Technically Feasible and structural
analysis of the building. The site visit will take place within fifteen (15) Days, or
as soon thereafter as can be scheduled by the Parties, of receipt by Qwest of
CLEC's Microwave Entrance Facility Application. If CLEC performs the structural
analysis or line-of-sight feasibility, it shall submit a response regarding its
analysis to Qwest and Qwest will only bill for an escort fee per site requested.
either Party disputes the technical feasibility, space availability, or other
conditions proposed by Qwest, the Parties will promptly petition the Commission
for resolution of the dispute.
2.4.If Qwest performs the feasibility analysis, a response will be
provided to CLEC within thirty (30) Days of the site visit with the structural
analysis and line-of-sight feasibility. If the site visit determines that unobstructed
line-of-sight and placement of the microwave equipment are not Technically
Feasible, CLEC will be billed only for the site visit. If the site visit determines that
the placement of microwave equipment is Technically Feasible, Qwest will
provide a quotation for the Microwave Entrance Facility with the quotation for the
submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or GLEC subsequently cancels
the Collocation Application, CLEC will be billed for the site visit.
2.4.9.4 CLEC must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits, FCC licenses and FAA approval, if required, to
construct, operate and maintain CLEC'facilities. If Qwest's assistance
required in order for CLEC to obtain necessary licenses or permits, Qwest will
not unreasonably withhold such assistance. CLEC will pay all expenses
associated with that assistance on a time and materials basis.
2.4.CLEC is responsible for the engineering, purchasing, supplying,
installing, maintaining, repairing and servicing of its microwave specific
equipment. CLEC shall provide the cable from the radio frequency (RF)
equipment to the building cable entry hatch. However, CLEC is not permitted to
penetrate the building exterior wall or roof. Qwest will do all building penetration
and Qwest will install the coaxial cable or wave-guide/transmission facility from
the cable entry hatch to CLEC's Collocation space within the interval, as set forth
in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities
shall not physically, electronically, or inductively interfere with the existing Qwest
or other CLECs' equipment. Each transmitter individually and all transmitters
collectively, for Qwest, Qwest Affiliates and CLECs , at a given location shall
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comply with appropriate federal , state, and local regulations governing the safe
levels of RF radiation.
2.4.Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, CLEC shall return the antenna space to its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, Qwest shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs
of removal, restoration of the property, storage, and transportation to CLEC of
such microwave equipment incurred by Qwest.
Terms and Conditions - ICDF Collocation
Interconnection Distribution Frame (ICDF) Collocation is available if
CLEC has not obtained Caged or Cage less Physical Collocation, but requires access to
Qwest's Wire Center for combining Unbundled Network Elements, Finished Services,
including local Interconnection trunks; and ancillary services. ICDF Collocation provides
CLEC with access to the Interconnection Distribution Frame, where Qwest will terminate
the Unbundled Network Elements, Finished Services and ancillary services ordered by
CLEC, CLEC may combine such services by running a jumper on the ICDF, in
accordance with Section 8.3. CLEC access to the ICDF will be on the same terms
and conditions described for other types of Collocation in this Section. There are
multiple frames that could be used for ICDF Collocation including, but not limited to , the
following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels
for DS1 and DS3 services; c) new Int!3rconnection Distribution Frame; d) existing toll
frame; e) fiber distribution panel; and, f) existing intermediate frame. Qwest-provided
combinations in accordance with Sections 9.1 and 9.23.7 are not provided by Qwest in
CLEC's ICDF Collocation space.
All Qwest terminations on the Interconnection Distribution Frame will be
given a frame address, Qwest will establish and maintain frame address records for
Qwest terminations. Qwest will maintain assignment records for each Unbundled
Network Element, Finished Service, and ancillary service ordered by CLEC that is
terminated on the Interconnection Distribution Frame. Qwest will provide CLEC with the
frame assignments for each Unbundled Network Element, Finished Service, and
ancillary service terminated on the ICDF.
CLEC will be required to place the jumper connection between frame
addresses to connect Unbundled Loops , ancillary and Finished Services. CLEC will be
required to maintain the records for GLEe-provided jumpers.
5.4 Intentionally Left Blank.
Terms and Conditions - Adjacent Collocation and Adjacent Remote Collocation
CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing Qwest controlled environmental vault, controlled environmental
hut, or similar structures on or under Qwest owned, leased or otherwise controlled
property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent
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Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
Alternatively, if no such structure described above exists , CLEC
may choose to construct or procure a structure to place on or under Qwest
owned, leased or otherwise controlled property contiguous to a Qwest Premises.
Such adjacent structure shall be in accordance with Qwest's design and space
planning for the site, CLEC may propose the design for the adjacent structure
subject to Qwest's approval. Qwest will review the building and property plans
for the new structure within thirty (30) Days.
CLEC shall own such structure , subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, Qwest shall
have the right of first refusal to such structure under terms to be mutually agreed
upon by the Parties. In the event Qwest declines to take the structure or terms
cannot be agreed upon, CLEC may transfer such structure to another CLEC for
use for Interconnection and or access to UNEs, Transfer to another CLEC shallbe subject to Qwest's approval, which approval shall not be unreasonably
withheld, If no transfer of ownership occurs , CLEC is responsible for removal of
the structure and returning the property to its original condition.
Qwest shall provide written authorization for use of Qwest's property to
CLEC or CLEC's contractor, to the extent that Qwest owns or controls such property, to
assist CLEC in obtaining any building permits or other approvals that may be necessary
to construct the facility. CLEC is responsible for construction of the structure or
procurement of an existing structure. CLEC is responsible for meeting all State and
municipal building and zoning requirements. As participants in utility easements and
public/private rights of way arrangements, CLEC and Qwest are each responsible for
insuring their respective facilities information (housing locations, cable paths , etc.) is
communicated to OneCali/Blue Stakes-type entities, as appropriate.
facilities.
Qwest will provide power and all other Physical Collocation services and
6.4 Upon request, Qwest will evaluate all parking or other spaces outside the
Qwest Premises on Qwest property that can be reasonably made available to CLEC for
Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest
technicians or other vehicles, including CLEC's. Space below a hoisting area will not be
relinquished for Collocation space.
If Physical Collocation space becomes available in a previously
exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC
from moving its Collocation arrangement into the Qwest structure. Instead, Qwest shall
continue to allow CLEC to collocate in any adjacent controlled environmental vault
controlled environmental hut, or similar structure.
Terms and Conditions - Remote Collocation
Remote Collocation allows CLEC to collocate in a Qwest Remote
Premises that is located remotely from a Qwest Wire Center building property, Such
Remote Premises include controlled environmental vaults, controlled environmental
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huts, cabinets, pedestals and other Remote Terminals.
The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e.g" Section 8.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will
be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay
rack, etc.
Terms and Conditions - Facility Connected (FC) Collocation
Facility Connected (FC) Collocation provides access via an Entrance
Facility if CLEC does not need to collocate equipment in the Wire Center but requires
access for Interconnection or access to UNEs , ancillary services and Finished Services.
CLEC will submit its order using the FC Collocation Application. FC Collocation is
provided on a termination block or termination panel within the designated Wire Center.
Qwest will engineer, provision, maintain and repair all services to the FC Collocation.
CLEC does not have physical access to the FC Collocation,
Qwest will perform the installation of services to the block or panel
termination point indicated by CLEC on its orders LSRs or ASRs, based on the
connecting facility assignments (CFAs) from CLEC's alternative point of termination
(APOT) form.
FC Collocation is available with the following configurations:.
Copper Entrance Facility for termination and Cross Connection
to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1)
UNE services, If utilized for DS1 UNEs, CLEC must transmit a Trunk Level
(T1) templated signal over the copper facility. DS1 copper Entrance Facilities will
be wired to a DS1 office repeater to remove line voltage before terminating on
the DSX panel. Qwest will install and charge for this line voltage isolation
equipment.
Fiber Entrance Facility termination and Cross Connection.
Other levels of service such as Digital Service Level 3 (DS3) or
DS1 utilizing fiber are available via the Bona Fide Request (BFR).8.4 Protection for lightning or voltage is required for copper Entrance
Facilities and will require protection units (i.e., line voltage isolation equipment) on
standard connector blocks on the distribution frame. Qwest will engineer and install this
protection, All copper cables must come through a cable vault and have
grounded/bonded sheaths.
CLEC is responsible for providing an Entrance Facility to the Qwest
designated Collocation Point of Interface (C-POI).
All Qwest terminations on the termination frame or panel will be given a
frame address. Qwest will maintain frame or panel address records for Qwest
terminations. CLEC will maintain its CFA records.
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Terms and Conditions - Common Area Splitter Collocation
If CLEC elects to have Splitters installed in Owest Wire Centers via
Common Area Splitter Collocation, the Splitters will be installed in those Wire Centers in
one (1) of the following locations: (a) in a relay rack as close to CLEC's D~O termination
points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where
options (a) and (b) are not available, or, in Wire Centers with network access line counts
of less than 10 000, on the COSMICTM/MDF or in some other appropriate location such
as an existing Owest relay rack or bay. In Wire Centers with access line counts greater
than 10 000 , when all common area Splitter bays and racks are fully utilized , space
permitting, Owest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC
either may purchase Splitters or have Owest purchase the Splitters subject to full
reimbursement of the cost of the Splitters plus any pass through actual vendor invoice
costs , including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Office equipment Collocation set by the FCC. Owest will be
responsible for installing and maintaining the Splitters , but CLEC will lease the Splitters
to Owest at no cost. Owest may commingle the Splitter shelves of different CLECs in a
single relay rack or bay, Owest will not be responsible for shortages of Splitters or
Owest's inability to obtain Splitters from vendors, if acting as purchasing agent on behalf
of CLEC.
Two (2) ITPs and four (4) tie cables will be needed to connect the
Splitters to the Owest network. One (1) ITP will carry both voice and data traffic from the
COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie
cable will carry both voice and data traffic to the Splitter. The voice and data traffic will
be separated at the Splitter, and the separated voice and data traffic will be routed to the
ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF , the data
traffic will be routed to CLEC's Collocation area via a fourth tie cable, and the voice
traffic will be routed to the COSMICTM/MDF Switch termination, via a second ITP. CLEC
can also elect a direct connect option pursuant to Section 8.11.
Owest will provide the cabling used for tie cables between the Splitter and
the ICDF. The Splitter Tie Cable Connection charge applies.9.4 The Demarcation Point between Owest's network and CLEC's network
will be at the place where the data Loop leaves the Splitter on its way to CLEC'
collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC
Collocation tie cable,
New Splitter shelves may be ordered at the same time as a new
Collocation on a single Collocation Application form and a single order processing
charge will apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals as
contained in Exhibit C will apply.
Splitter Deployment
New applications for installation of Splitters will be processed in
the manner outlined in the Collocation Section for Cage less Collocation.
8.2.CLEC may submit applications for additional DSO tie cable
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terminations and/or reclassification to support UNE or other services. Owest will
process any such applications for augmentation and/or reclassification of DSO tie
cable terminations under intervals as outlined below in this Section.
Augmentation intervals will be thirty (30) Days, subject to the
following terms and conditions identified below:
The interval for reclassification will be fifteen (15)
Days, subject to the following terms and conditions. If the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval will default to thirty
(30) Days.
In the event CLEC, or Owest acting as purchasing agent
for CLEC, is unable to procure any equipment needed to complete all
work required by applications submitted to Owest by CLEC, including but
not limited to, Splitters or cabling, Owest will install the subject equipment
when it becomes available. If Owest is acting as purchasing agent for
CLEC and is unable to procure equipment to complete all work in a timely
manner, CLEC may provide Owest with the subject equipment. CLEC
will be notified by Owest of the required material on-site date for the
affected Wire Center(s) and CLEC will have two (2) business days to
determine if it will be able to provide the subject equipment in advance of
the material on-site date. If CLEC does not notify Owest in writing of its
intent to provide the subject equipment within this two (2) business day
period , or if the subject equipment is not provided in a timely manner
Owest will install the subject equipment when available.
Rat~ Elements
Rate elements for Collocation are included in Exhibit A.
Rate Elements - All Collocation
Owest will recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by CLEC on the Collocation Application.
quotation is then developed by Owest for the work to be performed.
The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
Quotation Preparation Fee. non-refundable charge for the work
required to verify space and develop a price quotation for the total costs to CLEC for its
Collocation request.
Planning and Engineering Fee. Cable Augment Quotation
Preparation Fee. A non-refundable nonrecurring charge for the work required to
plan , design, engineer, and develop a price quotation for the total costs to CLEC
for its Collocation request to augment existing terminations.
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1.4 Collocation Entrance Facility Charge, Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilizing Owest owned, conventional single mode
type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the
leased space (for Caged or Cageless Physical Collocation), The Collocation Entrance
Facility includes manhole, conduit/innerduct, placement of conduit/innerduct, fiber cable
fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack.
Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber
cable , splice case , a splice frame or fiber distribution panel. Microwave Entrance Facility
charges are addressed in 8.17.
Cable Splicing Charge. Represents the labor and equipment to perform a
subsequent splice to CLEC provided fiber optic cable after the initial installation splice.
Includes per-set-up and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (125%) of the
request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt
capacity specified by CLEC in its order on a per ampere (amp) basis. There is a one (1)
amp minimum charge for -48 volt DC power usage.
Optional -48 Volt DC Power Usage Charge is available for orders
of greater than sixty (60) amps. If CLEC orders Optional DC Power
Measurement, Owest will initially apply the -48 Volt DC Power Usage Charge
from Exhibit A to the quantity of power ordered by CLEC. Owest will determine
the actual usage at the power board as described in Section 8.30. Owest will
adjust the monthly usage rate based upon the actual usage on a going forward
basis. There is a one (1) amp minimum charge for -48 volt DC power usage.
Power Plant per Amp. Provides plant infrastructure to supportthe
48 volt DC power to CLEC collocated equipment. Power plant is built to support
the amount of DC power usage ordered by CLEC and may be reduced with a
power reduction request.
AC Power Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC's space.
The AC Power feed is optional. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per-foot and per-ampere basis.
Inspector Labor Charge. Provides for Owest qualified personnel, acting
as an inspector, when CLEC requires access to the C-POI after the initial installation. A
call-out of an inspector after business hours is subject to a minimum charge of three (3)
hours. The minimum call-out charge shall apply when no other employee is present in
the location, and an 'off-shift' Owest employee (or contract employee) is required to go
on-shift' on behalf of CLEC.
Intentionally Left Blank.10 Interconnection Tie Pairs (ITP) are described in the UNE Section , and
apply for each Unbundled Network Element, ancillary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
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Element, ancillary service or Interconnection service and the Demarcation Point.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
11.Shared Access
11.In a Shared Access configuration, there are multiple
frames that could be designated as an ICDF or an appropriate
Demarcation Point including, but not limited to, the following:
Existing Interconnection Distributing Frame (ICDF)
Existing DSX Panels for OS 1 and DS3 services
New Interconnection Distributing Frame
Existing Toll Frame
Fiber Distribution Panel
Existing Intermediate Frame
11.The ICDF is the test access point. It would not be
uncommon to find multiple service providers , including Qwest, on the
ICDF at any one time. This element includes Qwest'provided
termination blocks or panels and the associated cost for placement of the
block or panel. Cabling is also required and may be provided by CLEC or
at its request, Qwest will provide cabling at an additional charge. When
Qwest provides the cabling, Collocation Block Termination rates will apply
as contained in Exhibit A of this Agreement. When CLEC provides the
cabling, Collocation Termination rates, on a per termination basis , will
apply as contained in Exhibit A of this Agreement. When CLEC provides
and installs the tie cables, blocks and terminations on the ICDF, no
Collocation Termination rates will apply.
11.Direct Connection
11.Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option will
guarantee that there will not be an ICDF. The connection will be
designed from the Collocation space to the same frame that Qwest uses
to connect to that specific service. For example, if CLEC wants to
connect directly from its Collocation space to 911 router, the
infrastructure for the 911 trunks will terminate in a DS1 bay location with
the 911-router circuits, There are several options for the location of the
Demarcation Point. CLEC will select its desired option via the Direct
Connection Collocation Application. If CLEC chooses a demarcation
inside the Collocation space, CLEC should order and install the
termination equipment itself. Demarcation equipment must be noted on
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the order form so that a CLL! code and unique tie cable assignments can
be generated for systems flow through. If CLEC chooses a demarcation
outside its Collocation space , Owest will maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. If frame space is exhausted the terminations may need to be
made at another frame. Upon completion of the pre-provisioning of the
Direct Connection, CLEC will receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC will
be responsible for augmenting terminations as required. The Direct
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path,
11.2 CLEC's termination point will require a CLL! code
(e., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKSTM and SWITCHTM
via Carrier Facilities Address (CFA) methods.
11.If CLEC wishes to arrange terminations on a 2-wire
POTS level cross connect device of the modular type, i.e. COSMICTM
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities will be required. MELDTM runs will be required for the initial
COSMICTM plan and each subsequent block addition. To minimize
CLEC's cost, to the extent feasible, Owest shall consolidate CLEC'
requirements with the requirements of Owest and other CLECs into a
single MELDTM run whenever feasible. Costs of such consolidated
MI;LDTM runs shall be prorated among the parties including Owest.
Minimum installation requires at least one (1) block for every two (2)
outside plant modules. A one-half (1'2) shelf of block capacity must be
reserved for future block space.
11.2.4 Requests for terminations at a DSO, DS1 , DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (i.e., toll frame, DSX, FDP, etc.). Direct Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMICTM frame, However these connections will
require coordination between Owest and CLEC to ensure that the cable is
terminated in an existing frame with the service that CLEC is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form , Direct Connection (DC-POT). Timing, pricing and
feasibility will be determined on the basis of a specific, in-depth building
analysis. Direct Connections are available where available frame space
permits. If frame space is exhausted , terminations may need to be made
at another frame. Space availability will be determined during the
feasibility request phase of the order. Rates for Direct Connection
Terminations will be on an 1GB basis using rates defined in Exhibit A.
11.Terminations must be purchased in the following increments:
DSO in blocks of one hundred (100) or per termination; DS1 in increments of
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twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial
cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the Owest Premises for the purpose of Collocation, There
are two monthly recurring rate elements associated with Security Access. The first rate
element is per access card, per CLEC employee, per month. The second rate element
is the number of card accessible premises, per CLEC employee, per month, as included
in Exhibit A to this Agreement.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC'
equipment and notify Owest of these requirements when ordering the clock signals.
Central Office Synchronization is required for Virtual Collocation involving digital services
or connections, Synchronization may be required for analog services. Central Office
Synchronization is available where Owest Central Offices are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per-port basis in accordancewith Exhibit A. 14 -48 Volt DC Power Cable Charge. Provides for the transmission of -
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (125%) of request. It includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. It also includes the power cable (feeders) A and B
from the local power distribution bay to the leased physical space (for Caged or
Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder.15 Space Availability Report Charge - Recovers the cost of preparing a
Space Availability Report in accordance with Section 8.
16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, if performed by Owest; space rental for the rooftop and existing antenna
support structure , cable racking, cable , building penetration for cable entry, and other
work as required.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring.
Set up and testing charges are based on the virtual collocation maintenance rate. The
set-up fee has a minimum of one (1) hour per Joint Testing request at the specified
virtual collocation maintenance rate, and a per-half-hour charge at the same rate for any
time exceeding the one (1) hour for testing. Owest will not charge for the joint testing
based on the joint testing Owest-caused error rate as described in Section 8.31.
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19 DC Power Reduction and Restoration Rates: CLEC will be charged the
applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and Design Fee to
perform the engineering and planning work to process the DC power reduction or DC
power restoration request per Collocation space. Nonrecurring charges associated with
the work required to reduce the fuse or breaker size , rewiring the power lead at the
power source or relocation of the power feed will be on an 1GB basis. When power is
restored, nonrecurring charges will be assessed on an 1GB basis for the work required to
restore the power utilizing standard power rate elements for power usage, labor and
cabling charges. CLEC will be charged a nonrecurring charge for moves between the
battery distribution fuse board and the power board (for location changes) necessary for
DC power reduction/restoration. A recurring power maintenance charge is associated
with the option to hold the power infrastructure for a secondary feed for potential future
use by CLEC. The recurring charge will terminate on the date a restoration job
completes for the power feed or CLEC returns the fuse position to Qwest. If Qwest is
unable to provide the requested power restoration of the held feed(s) due to exhaustion
of power capacity, Qwest will refund all Power Maintenance Charges collected since the
reservation was accepted.20 Collocation Available Inventory Charges. For standard Qwest Postings of
Collocation Available Inventory, CLEC will be charged the standard Collocation rates
including the applicable QPF or Engineering and Planning Fee, CLEC will also be
charged for removal of terminations. For Special Sites, assuming CLEC will be charged
a Special Site Assessment Fee instead of the standard QPF, unless CLEC requests an
augment to the existing site in its initial Collocation Application, then the standard
approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in
addition to the standard Collocation rates, will also be charged a nonrecurring Network
Systems Administration Fee for the systems and record updates required to transfer the
Collocation Site to assuming CLEC and, if a site survey is requested by CLEC, a Site
Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC
at no charge. Recurring charges for all products and services will be charged at rates
listed in assuming CLEC Interconnection Agreement without a discount.
1.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory
Visit is a state-specific, nonrecurring charge identified in Exhibit A.
Rate Elements - Virtual Collocation
The following rate elements , as specified in Exhibit A, apply uniquely to Virtual Collocation.
Maintenance Labor. Provides for the labor necessary for repair of out-of-
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
Qwest will perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
technician after business hours is subject to a minimum charge of three (3) hours.
Training Labor. Provides for the training of Qwest personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually collocated
equipment when that equipment is different from Qwest-provided equipment. Qwest
requires three (3) Qwest employees be trained per metropolitan service area in which
CLEC'virtually collocated equipment is located. If, by an act of Qwest, trained
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employees are relocated , retired, or are no longer available, Owest will not require CLEC
to provide training for additional Owest employees for the same virtually collocated
equipment in the same metropolitan area. Where more than one (1) CLEC in the same
metropolitan area selects the same virtually collocated equipment, the training costs
shall be prorated to each according to the number of CLECs so selecting.
Equipment Bay. Provides mounting space for CLEC virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation , and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation , is limited to seventy-eight (78) inches, The
monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine
(9) foot and eleven (11) foot six (6) inches , which will be considered on an Individual
Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own
equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually co II 0 cated equipment at the time of installation, change or removal.
Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by GLEe-provided equipment bay, including property taxes
and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or -48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems , standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
Owest Premises areas surrounding GLEe-provided equipment bay and general repair
and maintenance. The Floor Space Lease includes required aisle space on each side of
GLEe-provided equipment bay.
Space Construction. This rate element includes the material and labor to
construct and prepare the space, including all support structure, cable racking specific to
the bay site. It also includes air conditioning (to support CLEC loads specified), lighting
(not to exceed two (2) watts per square foot), and convenience outlets and the cost
associated with space engineering. These elements have recurring and nonrecurring
charges.
Cable Rack. This rate element includes the metal structure that holds
and routes cabling throughout the Owest Central Office that attaches to the bay specific
racking. This element has recurring and nonrecurring charges.
Rate Elements - Physical Collocation
Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
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outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cageless
Collocation , an AC power outlet will be provided at every other bay in the line-up.
Cageless bays placed in existing line-ups will use the existing outlets. For Caged
Collocation , it includes a nine (9) foot high cage enclosure. CLEC may choose from
Owest approved contractors or may use another vendor of CLEC's own choosing,
subject to Owest's approval, which may not be unreasonably withheld , to construct the
space, including the cage in the case of Caged Collocation, in accordance with NEBS
Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is
described in Exhibit A. In the case of Shared Collocation, Owest may not increase the
cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning
such a cage of similar dimensions and material to a single collocating party, and Owest
must prorate the charge for site conditioning and preparation by determining the total
charge for site preparation and allocating that charge to CLEC based on the percentage
of the total space used by CLEC. Owest must in all cases of Shared space Collocation
allocate space preparation, conditioning, security measures and other Collocation
charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage
of the total overall space preparation and conditioning expenses do not exceed the
percentage of the total Collocation space used by CLEC.
Space Construction and Site Preparation Single Bay Credit. A
credit is applied to the standard two-bay Space Construction and Site
Preparation fee specified in Exhibit A when CLEC requests a cageless single-bay
configuration. The incremental material and labor costs to install a second bay
will be credited,
Space Construction Fencing Credit. Credit that is applied when
CLEC hires an outside company to install the cage fencing. If that option is
selected , CLEC will receive a recurring and nonrecurring charge credit for the
portion of the rate in Section 8.1 that covers Owest-performed installation ofthe fencing.
Floor Space Lease. Provides the monthly lease for the leased physical
space , property taxes and base operating cost without -48 volt DC power. Includes
convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes
and may not be used to power transmission equipment or -48 volt DC power generating
equipment. Also includes maintenance for the leased space; provides for the
preventative maintenance (climate controls, filters, fire and life systems and alarms
mechanical systems , standard HVAC); pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of Owest Premises common areas
surrounding the leased physical space and general repair and maintenance. The Floor
Space Lease includes required aisle space on each side of the cage enclosure, as
applicable.
Intentionally Left Blank.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect
the Premises common ground to CLEC cage. Recurring and nonrecurring charges are
assessed per foot to CLEC's equipment.
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Rate Elements - ICDF Collocation
3.4.Rate elements for ICDF Collocation include security, QPF, DSO circuit
legs, DS1 circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are defined as
termination blocks/panels and cables that are provisioned to meet CLEC's ICDF
Collocation needs. These rate elements and their associated charges are used to
develop a price quotation for the ICDF Collocation based on CLEC's Collocation
Application.
Rate Elements - Adjacent Collocation
The charges for Adjacent Collocation will be developed on an Individual
Case Basis, except where the Commission finds that standard pricing elements can be
reasonably identified and their costs determined, depending on the specific 'needs of
CLEC and the unique nature of the available adjacent space (e,, existing structure ornew structure to be constructed).
Rate Elements - Remote Collocation and Adjacent Remote Collocation
Space Per Standard Mounting Unit (one and seventy-five one hundredths
(1.75) vertical inches). This nonrecurring rate is associated with the cabinet space and
includes the cost of the cabinet and all of the work and materials associated with
placement of the cabinet. The recurring rate associated with the space covers
maintenance of the materials and equipment associated the cabinet as well as a portion
of the costs required for the power pedestal.
Feeder Distribution Interface (FDI) Terminations (per twenty-five
(25) pair). This nonrecurring rate includes costs associated with initial FDI
upgrade work required to provide the terminations requested at the FDI. The
recurring rate associated with the FDI covers maintenance of the cable between
the FDI and the remote collocation cabinet, as well as maintenance of the
terminations at the FDI. These charges will apply for both DSO and DS1.
2 :-48 Volt DC Power Usage Less Than or Equal to Sixty (60)
Amps.Provides -48 volt DC power to CLEC's collocated equipment and is fused
at one hundred twenty-five percent (125%) of the request. The -48 volt DC
power usage charge applies to the quantity of -48 volt capacity specified by
CLEC in its order on a per-ampere (amp) basis.
, 8.Quotation Preparation Fee. non-refundable nonrecurring
charge for the work required to plan , design, engineer, and develop a price
quotation for CLEC's Collocation request.6.2 Additional Virtual Remote Terminal Features. Work functions that may be
required in the installation or repair of the Virtual Remote Collocation.
6.2,Flat Charge, Per Job. Nonrecurring charge to recover service
order costs when an additional service order must be issued when necessary for
CLEC's additional request for installation and maintenance-related work.
Engineering Rate.Provides the planning and engineering of
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CLEC virtually remote collocated equipment at the time of installation , change or
removal. .Business hours are considered to be Monday through Friday, 8:00 am
to 5:00 pm (local time), and after business hours are after 5:00 pm and before
8:00 am (local time), Monday through Friday, all day Saturday, Sunday and
holidays
Installation. Provides for the installation, change or removal of
CLEC virtually remote collocated equipment.2.4 Training. Provides for the training of Owest personnel on a
metropolitan service area basis provided by the vendor of CLEC'virtually
remote collocated equipment when that equipment is different from Owest-
provided equipment.
Rate Elements - CLEC-to-CLEC Connections
16.
The charges for CLEC-to-CLEC Connections are addressed in Section
Rate Elements - Facility Connected (FC) Collocation
Rate elements for Facility Connected (FC) Collocation include: OPF
Planning and Engineering; copper entrance facility; fiber entrance facility; termination
block with gas protectors; termination panel; and DS1 voltage isolation. Charges
associated with these rate elements are specified in Exhibit A of this Agreement. These
rate elements and their associated charges are used to develop a price quotation for FC
Collocation based on CLEC's FC Collocation Application and the type of Entrance
Facility requested.
Rate Elements - Splitter Collocation
Tie Cable Reclassification Charge - A nonrecurring charge will apply,
based on time and materials for reclassification of existing tie cable capacity, by among
other things, reclassification of existing tie cables, frame re-stenciling, and any other
work performed between CLEC's Collocation and the Interconnection Distribution Frame
(ICDF) required to provision UNEs and other services.9.2 Trouble Isolation Charge - A Miscellaneous Charge will be applied for
trouble isolation in accordance with Maintenance and Repair processes set forth in the
Maintenance and Repair Section of this Agreement. Exhibit A includes charges for
Trouble Isolation.
Additional Testing - CLEC 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.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing
maintenance associated with Splitter installation, bay installation, lighting costs, aerial
support structures and grounding charge for Splitters either in a bay, on the ICDF, or on
the MDF/COSMICTM . These are both recurring and nonrecurring charges.
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Splitter Charge - A nonrecurring charge will apply for the cost of each
Splitter purchased by Qwest on behalf of CLEC. This charge will cover the cost of the
Splitter, plus any associated costs incurred by Qwest to order the Splitter.
Engineering - nonrecurring charge will apply for the planning and
engineering associated with placing Splitters in the Central Office, either in a bay, on the
ICDF, or on the MDF/COSMICTM
Splitter Tie Cable Connections Charge - A nonrecurring charge will apply
for the cost of each tie cable connected to the Splitters in three (3) different
configurations: common area; Collocation space; and Main Distribution Frame. This
charge will cover both the tie cables and associated blocks per one hundred (100) pair
between the Splitter and the ICDF or Splitter bay.
The rates for each of the aforementioned split services rate elements are
set forth in Exhibit A to this Agreement.
Ordering
Ordering - All Collocation
8.4,CLEC must complete the requirements in the Implementation Schedule
Section of this Agreement before submitting a Collocation Application Form to Qwest.
8.4.Nothing in this Agreement shall be construed to preclude CLEC
from submitting an order for Collocation prior to CLEC's execution of this
Agreement. If, however, the Collocation interval is completed before this
Agreement or another interconnection agreement becomes effective, the rates
terms, and conditions of this Agreement shall apply to such Collocation,
8.4.Any material changes, modifications or additional engineering (Material
Changes) requested by CLEC , subsequent to its original Collocation order, as to the
type and quantity of equipment or other aspects of the original Collocation order, must
be submitted with a revised Collocation Application. For purposes of this section
Material Changes are changes that would significantly impair Qwest's ability to provision
the requested Collocation within the applicable intervals if the changes are provisioned
with the original Collocation order and would require Qwest to incur financial penalties
under the terms of this Agreement or other Applicable Law. Qwest shall determine the
additional time required to comply with CLEC's request for Material Changes (Additional
Time), and CLEC shall have the option of (a) having the request for Material Changes
implemented with the original Collocation order (within the original Provisioning intervals)
as extended by the Additional Time; or (b) having Qwest process and provision the
request as a subsequent construction activity or augmentation to the original Collocation
order. Any nonmaterial changes , modifications, or additional engineering requested by
CLEC, subsequent to its original Collocation order, may be submitted with a revised
Collocation Application or otherwise communicated to Qwest and shall be implemented
with the original Collocation order within the original applicable intervals.
8.4.There are three (3) primary steps in the ordering of Collocation - 1)
Forecasting, 2) Application, and 3) Acceptance of Quotation.
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8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate
for purposes of Collocation intervals if the subsequent Collocation Application correctly
identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the
forecast. If at the time the Collocation Application is made the forecasted type of
Collocation is not available, CLEC may specify a different type of Collocation without
affecting the Collocation intervals. The forecast shall include, for each Qwest Premises
the following:
Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
Power requirements;
Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical , Cageless Physical, Shared
ICDF , Virtual , etc.
Intentionally Left Blank;
Entrance Facility Type (e., Express Fiber, private line);
Type and Quantity of Terminations (optional); andi) Month or Quarter, during or after which CLEC expects to submit its
Collocation Application.
The following terms shall apply to the forecasting process:8.4.1.4.
8.4.1.4;
CLEC forecasts shall be provided as detailed in Sectionb) CLEC forecasts shall be Confidential Information and Qwest
may not distribute, disclose or reveal, in any form , CLEC forecasts other
than as allowed and described in subsections 5.16.1 and 5.16,
8.4.CLEC shall submit a Collocation Application to order Collocation at a
particular Qwest Premises. A Collocation Application shall be considered complete , if it
contains:
Identification of the Qwest Premises;b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
Power requirements;
Heat dissipation;
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Virtual , etc.f) Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality i.e., cross connect, DLC, DSLAM
transmission, Switch , etc., physical dimensions, quantity). (NOTE: Packet or
circuit switching equipment requires , in writing and attached to the Collocation
Application, how this equipment is necessary for access to UNEs
Interconnection. A high level equipment interface or connectivity schematic for
the equipment should also be included.
Entrance Facility type;
Type and quantity of terminations;i) If desired , an alternate form of Collocation if the first choice is not
available; and
Billing contact.
8.4.Parties will work cooperatively to ensure the accuracy of the
Collocation Application. If Qwest determines that the Collocation Application is
not complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days
after receipt of the Collocation Application. Qwest shall provide sufficient detail
so that CLEC has a reasonable opportunity to cure each deficiency. To retain its
place in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.Acceptance - After receipt of a Collocation Quotation Form from Qwest
CLEC shall formally accept the quotation in order for Qwest to continue the processing
of the Collocation Application. A Collocation Acceptance shall be considered complete,
if it contains:
Signed Notification of Acceptance; and
Payment of fifty percent (50%) of quoted charges.
8.4.Collocation Space Reservation - allows CLEC to reserve space and
identify, to the extent available , infrastructure incidental to that space such as power and
HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM and
DSLAM), three (3) years for circuit switching equipment, and five (5) years for power
equipment. CLEC may reserve space in a particular Qwest Premises through the
Collocation Space Reservation Application Form. Requests for contiguous space will be
honored, if available.
8.4.Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form , Qwest will provide space
feasibility within ten (10) Days.
8.4.Collocation Space Reservation Quotation - If space is available
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Qwest will provide a specific price quotation based on the requested Collocation
requirements described on the Collocation Space Reservation Application Form.
The quotation and a Billing invoice for twenty-five percent (25%) payment of
nonrecurring charges will be sent to CLEC within twenty-five (25) Days from the
Collocation Space Reservation Application receipt.
8.4.Collocation Space Reservation Acceptance. CLEC
must electronically submit Acceptance or non-Acceptance of the
quotation within seven (7) Days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirty (30) Days of receipt
of the quotation, Qwest will honor the reservation upon receipt of the
payment only if Qwest does not receive a competing request for the same
space from another CLEC. Qwest will not honor reservations if CLEC
submits the Acceptance more than thirty (30) Days after receipt of the
8.4.Upon receipt of the twenty-five percent (25%) payment, Qwest
will reserve the space on behalf of CLEC in accordance with the Collocation
Space Reservation Application and take the necessary steps to ensure the
availability of power, HVAC and other components reflected on the Collocation
Space Reservation Application. Qwest will hold the reservation for the applicable
reservation period after the twenty-five percent (25%) payment. This payment
will be applied to the subsequent Collocation Application.
8.4.7.4 CLEC may cancel the reservation at any time during the
applicable reservation period. Upon notification of the cancellation, Qwest will
refund a prorated portion of the twenty-five percent (25%) payment as follows:
a) Cancellation notification within ninety (90) Days from receipt of wire
transfer, seventy-five percent (75%) of the initial down payment will be
returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the
initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) Days from receipt of wire transfer, twenty-
five percent (25%) of the initial down payment will be returned to CLEC.
d) Cancellation notification after two hundred and seventy (270) Days
from receipt of wire transfer, zero percent (0%) of the initial down
payment will be returned to CLEC.
8.4.Collocation Space Option
8.4.1 CLEC, Qwest and Qwest Affiliates may option space in Qwest
Wire Center Premises in accordance with the terms of this Section 8.4.8 for the
following equipment and time periods:
Transmission equipment - one (1) year
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Circuit switching equipment - three (3) years
Power plants - five (5) years
8.4.Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center.
CLEC may also request space be contiguous to its existing Collocation
space.b) A requesting CLEC may option one (1) Collocation space perWire Center. c) The maximum amount of space per Wire Center to be
Optioned is:
- two hundred (200) square feet for Caged Collocation
- four (4) bays for Cageless and Virtual Collocation
8.4.The Collocation Space Option Application form will be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of CLEC, the
applicable Qwest Premises, the amount of Collocation space sought, the type of
Collocation (Caged, Cageless , Virtual) and the type of equipment (from the
categories identified in Section 8.4.1) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
Qwest. Upon receipt of the Collocation Space Option Application form , Qwest
will confirm in writing, within ten (10) Days , the availability of, and price quotation
(the "Option Fee ) for the Optioned space. If space is not available, Qwest will
deny the request.
8.4.8.4 CLEC must submit Acceptance with full payment of the
nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the
quoted Option Fee, within seven (7) Days of receipt of the quotation. When
Qwest takes an option on space for itself, Qwest shall impute an amount equal to
the Option Fee to the appropriate operations for which th~ optioned space
applies. The option quotation expires seven (7) Days after delivery to CLEC.
8.4.Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, Qwest will option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the option time frame will begin, The prioritization of optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Qwest, the higher in priority is such option. The option is limited to
space only and does not include other elements required to provision the
Collocation.
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8.4.In order for an option request to avoid expiration , CLEC must:
Submit a Collocation Application during the option time frame;
b) The option may be renewed if a Collocation Space Option
Application is received at least ten (10) Days prior to the expiration of the
term of the existing option. The priority of a renewed option is determined
by the date CLEC accepts the quotation from Qwest on CLEC's renewalapplication.
8.4.First Right of Refusal - If Qwest receives a valid Collocation
Application (CLEC A is the requesting party) for a Qwest Wire Center in which all
available space has been occupied or optioned, the following provisions for First
Right of Refusal will apply:
8.4.All Qwest out of space reporting requirements apply
to the Collocation Application (Sections 8.2.11 and 8.12).
addition , Qwest will provide CLEC A with option space information (e.
Caged and Cage less optioned space) that may fulfill the requirements of
CLEC A's Collocation Application. At CLEC A's request, Qwest will
initiate the option enforcement notice process by notifying the option partyor parties with the most recent space option(s) that meets the
requirements of CLEC A's Collocation Application.
8.4,The option enforcement notice serves as notification
to the option party that Qwest is in possession of a valid Collocation
Application , and calls for the option party to exercise its Right of First
Refusal, or relinquish its space option. The option party may exercise its
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4., or by submitting the Collocation Space
Reservation Application set forth in Section 8.4., within ten (10) Days
of receipt of the option enforcement notice. This process continues for all
optioned space until all optioned space is exercised or optioned space is
relinquished (affirmatively by CLEC or upon expiration of the notice
period , whichever is earlier) to fulfill the Collocation Application. Once
optioned space has been relinquished for use to fulfill the Collocation
Application , the standard ordering terms and conditions for Collocation
shall apply.
8.4.Where contiguous space has been optioned, Qwest
will make its best effort to notify CLEC if Qwest, its Affiliates or other
CLECs require the use of CLEC's contiguous space. Upon notification
CLEC will have seven (7) Days to indicate its intent to submit a
Collocation Application or Collocation Reservation, CLEC may choose to
terminate the contiguous space option or continue without the contiguous
provision.
8.4.7.4 The rate elements for the Collocation Space Option
are comprised of the following:
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fee for all Collocation Space Option requests and covers the
processing of application, feasibility, common space engineering,
records management, and, administration of the First Right of
Refusal process.b) Space Option Fee is a monthly recurring fee that will
be charged based upon the amount of space being optioned , at
$2 (two dollars) per square foot per month,
8.4.In the event that the option party proceeds with a Collocation
Application for optioned space all payments made pursuant to Section
8.4.7 .4(b) above shall be applied to such Collocation Application.
8.4.1,The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4,3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. Qwest shall, however, accept more than five (5) Collocation
Applications from CLEC per week per state, depending on the volume of Collocation
Applications pending from other CLECs.
Ordering - Virtual Collocation
8.4.2.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4,, Qwest will perform a feasibility study to determine if
adequate, space, power and HV AC can be found for the placement of CLEC's equipment
within the Premises. The feasibility study will be provided within ten (10) Days of receipt
of a complete Collocation Application. As part of the feasibility study, Qwest will also
notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
8.4.If Qwest determines that the Collocation Application is not
complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.Quotation - If Collocation Entrance Facilities and space are available
Qwest will develop a price quotation within twenty-five (25) Days of completion of the
feasibility study. Subsequent requests to augment an existing Collocation also require
receipt of a Collocation Application. Adding plug-ins, e., DS1 or DS3 cards to existing
virtually collocated equipment, will be processed and provisioned within ten (10)
business days. Virtual Collocation price quotations will be honored for thirty (30) Days
from the date the quotation is provided. During this period the Collocation Entrance
Facility and space are reserved pending CLEC's acceptance of the quoted charges.
8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4., space will be reserved and construction by Qwest will begin.
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8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space- was reserved , in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC
delivers its collocated equipment to Owest in a timely manner, which shall mean within
fifty-three (53) Days of the receipt of the complete Collocation Application; and 4)
whether the Collocation Application requires major infrastructure additions or
modifications. The installation of line cards and other minor modifications shall be
performed by Owest on shorter intervals and in no instance shall any such interval
exceed thirty (30) Days. When Owest is permitted to complete a Collocation installation
in an interval that is longer than the standard intervals set forth below, Owest shall use
its best efforts to minimize the extension of the intervals beyond such standard intervals.
8.4.2.4.Forecasted Applications with' Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) Days
prior to submission of the Collocation Application , and if CLEC provides a
complete Acceptance within seven (7) Days of receipt of the Owest Collocation
quotation, and if all of CLEC's equipment is available at the Owest Premises no
later than fifty-three (53) Days after receipt of the complete Collocation
Application, Owest shall complete its installation of the Collocation arrangement
within ninety (90) Days of the receipt of the complete Collocation Application, If
CLEC's equipment is not delivered to Owest within fifty-three (53) Days after
receipt of the complete Collocation Application, Owest shall complete the
Collocation installation within forty-five (45) Days of the receipt of all of CLEC'
equipment.
8.4.2.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Owest
Collocation quotation , and if all of CLEC's equipment is available at the Owest
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Acceptance, Owest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC's equipment is not delivered to Owest within fifty-three (53)
Days after receipt of the complete Collocation Acceptance, Owest shall complete
the Collocation installation within forty-five (45) Days of the receipt of all of
CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) Days
after receipt of the Owest quotation , the Collocation Application shall be
resubmitted by CLEC.
8.4.2.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application , and if CLEC provides a complete
Acceptance within seven (7) Days of receipt of the Owest Collocation quotation
and if all of CLEC's equipment is available at the Owest Premises no later than
fifty-three (53) Days after receipt of the complete Collocation Application , Owest
shall complete its installation of the Collocation arrangement within one hundred
and twenty (120) Days of the receipt of the complete Collocation Application. If
CLEC's equipment is not delivered to Owest within fifty-three (53) Days after
receipt of the complete Collocation Application, Owest shall complete the
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Collocation installation within seventy-five (75) Days of the receipt of all of
CLEC's equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application , and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation , and if all of CLEC's equipment is available at the Qwest
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Acceptance, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest
within fifty-three (53) Days after receipt of the complete Collocation Acceptance
Qwest shall complete the Collocation installation within seventy-five (75) Days of
the receipt of all of CLEC's equipment.
8.4.2.4.Intervals for Major Infrastructure Modifications Where
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements. Major infrastructure modifications that may be required
include conditioning space , permits , DC power plant, standby generators
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.2.4.through 8.4.2.4.4 may be extended if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) Days after receipt of
the complete Collocation Application, Qwest shall propose to complete its
installation of the Collocation arrangement within an interval of no more than one
hundred and fifty (150) Days after receipt of the complete Collocation Application.
The need for, and the duration of, an extended interval shall be provided to
CLEC as a part of the quotation. CLEC may dispute the need for, and the
duration of, an extended interval, in which case Qwest must request a waiver
from the Commission to obtain an extended interval.
8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.2.4,1 and 8.4.2.4.
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended interval.
Ordering - Caged and Cageless Physical Collocation
8.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.5 Qwest will perform a feasibility study to determine if
adequate space, power, and HV AC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibility study will be provided within ten
(10) Days from date of receipt of a complete Collocation Application. As part of the
feasibility study, Qwest will also notify CLEC of any known circumstance that may delay
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delivery of the ordered Collocation space and related facilities.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.3.Quotation -- If Collocation Entrance Facilities and space are available
Qwest will develop a quotation for the supporting structure, Qwest will complete the
quotation no later than twenty-five (25) Days of providing the feasibility study. Physical
Collocation price quotations will be honored for thirty (30) Days from the date the
quotation is provided. During this period, the Collocation Entrance Facility and space is
reserved pending CLEC's acceptance of the quoted charges,
8.4,Acceptance -- Upon receipt of a complete Collocation acceptance, as
described in Section 8.4.6 space will be reserved and construction by Qwest will begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three (3) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC
provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether
the Collocation Application requires major infrastructure additions or modifications.
When Qwest is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below , Qwest shall use its best efforts to
minimize the extension of the intervals beyond such standard intervals.
8.4.3.4.Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation ' Application , and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the Qwest Collocation quotation , Qwest shall
complete its installation of the Collocation arrangement within ninety (90) Days of
the receipt of the complete Collocation Application.
8.4.3.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application , and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation , Qwest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after
receipt of the Qwest quotation, a new Collocation Application shall be
resubmitted by CLEC.
8.4.3.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
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within one hundred and twenty (120) Days of the receipt of the complete
Collocation Application.
8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Acceptance.
8.4.3.4.Intervals for Major Infrastructure Modifications Where No,
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC'
specific requirements, Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators,
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.3.4.through 8.4.3.4.4 may be extended if required , to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required , Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) Days after receipt of the complete Collocation
Application. The need for, and the duration of, an extended interval shall be
provided to CLEC as a part of the quotation. CLEC may dispute the need for
and the duration of, an extended interval, in which case Qwest must request a
waiver from the Commission to obtain an extended interval.
8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.
when CLEC submits a Collocation Application. If not withstanding these efforts
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval , Qwest may seek a waiver from the Commission to obtain
an extended interval.
Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.5, Qwest will perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center, The feasibility study will be provided within ten (10) Days from
date of receipt of a complete Collocation Application. As part of the feasibility study,
Qwest will also notify CLEC of any known circumstance that may delay delivery of the
ordered Collocation space and related facilities. CLEC may submit an ICDF forecast in
accordance with Section 8.4,1.4. The forecast shall include demand by DSO, DS1 and
DS3 capacities that will be terminated on the Interconnection Distribution Frame by
Qwest on behalf of CLEC, Such forecasts shall be used by Qwest to determine the
sizing of required tie cables and the terminations on each Interconnection Distribution
Frame as well as the various other frames within the Qwest Wire Center.
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8.4.4.If Qwest determines that the Collocation Application is not
complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.4.Quotation -- If space is available, Qwest will develop a quotation for the
supporting structure. Qwest will complete the quotation no later than twenty-five (25)
Days of providing the feasibility study. ICDF Collocation price quotations will be honored
for thirty (30) Days from the date the quotation is provided. During this period, the space
, is reserved pending CLEC's acceptance of the quoted charges.
8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4., space will be reserved and construction by Qwest will
begin.
8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two
(2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved , in accordance with Section 8.4.7 and 2) whether CLEC provides
its Acceptance within seven (7) Days of the quotation. When Qwest is permitted to
complete a Collocation installation in an interval that is longer than the standard intervals
set forth below, Qwest shall use its best effortsto minimize the extension of the intervalsbeyond such standard intervals.
8.4.4.4.Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Collocation arrangement within forty-five (45) Days
of the receipt of the complete Collocation Application.
8.4.4.4.Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application , and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation , Qwest shall complete its installation of the Collocation
arrangement within forty-five (45) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after
receipt of the Qwest quotation , the Collocation Application shall be resubmitted
by CLEC.
8.4.4.4.Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within ninety (90) Days of the receipt of the complete Collocation Application.
This interval may be lengthened if space must be reclaimed or reconditioned.
The need for an extended interval shall be provided to CLEC as a part of the
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quotation. CLEC may dispute the need for an extended interval , in which case
Qwest must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days, after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval , in
which case Qwest must request a waiver from the Commission.
Ordering - Adjacent Collocation
8.4.5.If space for Physical Collocation in a particular Qwest Premises is not
available at the time of CLEC's request CLEC may request Qwest to conduct a
feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that
Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable
arrangements can be provided on Qwest's property. Qwest will make available, within
ten (10) business days, drawings of the Qwest physical structures above and below
ground for the requested Adjacent Collocation site.
8.4.If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required, the provision of Collocation services by Qwest, in accordance with CLEC'
Collocation Application, and the construction by CLEC of the adjacent structure. If
CLEC disputes the interval proposed by Qwest, Qwest must promptly petition the
Commission for approval of such disputed interval.
8.4.If Adjacent Collocation is provided within an existing Qwest Premises, the
ordering procedures and intervals for Physical Collocation shall apply.
Ordering - Remote Collocation and Adjacent Remote Collocation
8.4.The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing Qwest Premises , except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form,
8.4.If space for Physical Collocation or Virtual Collocation in a particular
Qwest Remote Premises is not available at the time of CLEC's request, CLEC may order
Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.1 and 8.4.
Ordering - CLEC to CLEC Connections
8.4,Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.5 (Subsections a , e, h and D.
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Owest will perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment that is
in separate locations in the same Owest Premises, or to another CLEC's equipment in
the same Premises. The feasibility study will be provided within ten (10) Days from date
of receipt of a complete Collocation Application.
8.4.If Owest determines that the Collocation Application is not
complete , Owest shall notify GLEC of any deficiencies within ten (10) Days of the
Collocation Application. Owest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4;7.Ouotation -- If existing cable racking is available, Owest will provide
CLEC with a quotation and the specific cable rack route to CLEC with the feasibility
study. If additional cable racking is required to accommodate CLEC's request, Owest
shall provide a feasibility and quotation to CLEC no later than ten (10) Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotations will be honored for thirty
(30) Days from the date the quotation is provided. During this period, the space is
reserved pending CLEC's acceptance of the quoted charges.
8.4.Acceptance -- There are two (2) forms of acceptance for CLEC-to-CLEC
Connections:
8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its acceptance. Upon receipt of a complete Collocation acceptance
CLEC may begin placement of its copper, coax, or fiber cables along the Owest
designated cable rack route. Recurring charges will begin with CLEC
acceptance.
8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon
receipt of a complete acceptance from CLEC, as described in Section 8.4.
Owest will begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4., the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Owest shall
be within sixty (60) Days of the receipt of the complete Collocation acceptance. If CLEC
submits its Acceptance more than thirty (30) Days after receipt of the Owest quotation
the Collocation Application shall be resubmitted by CLEC.
Ordering - Direct Connections
8.4.Application - Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation , upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e
hand j), Owest will perform a feasibility study to determine if adequate cable racking can
be found for the placement of copper, coax, or fiber optic cable, or any other Technically
Feasible method, used for Direct Connection (as described in Section 8.11.2). The
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feasibility study will be provided within ten (10) Days from date of receipt of a complete
Collocation Application.
8.4.If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises , CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.Quotation - If existing cable racking is available, Qwest will provide CLEC
with a quotation and the specific cable rack route with the feasibility study. If additional
cable racking is required to accommodate CLEC's request, Qwest shall provide a
quotation to CLEC no later than ten (10) Days after receipt of a complete Collocation
Application. Direct Connection quotations will be honored for thirty (30) Days from the
date the quotation is provided. During this period, the space is reserved pending
CLEC's acceptance of the quoted charges.
8.4,
Connection:
Acceptance - There are two (2) forms of acceptance for Direct
8.4.Direct Connection with existing cable rack. CLEC must submit
payment of one hundred percent (100%) of the quoted nonrecurring charges with
its acceptance notification.
8.4.Direct Connection using new cable rack. - Upon receipt of a
complete acceptance from CLEC , as described in Section 8.4.6, Qwest will
begin construction of the new cable rack.
8.4.8.4 Interval - The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMICTM frame requiring a
MELDTM and or if new cable racking, is required.
8.4.8.4.If CLEC provides a complete acceptance within thirty (30) Days
of receipt of the Qwest Collocation quotation, Qwest shall complete its installation
of the Direct Connection above the DSO level where no new cable racking is
required within thirty (30) Days of the receipt of the complete Collocation
acceptance. If Direct Connection is required at the DSO level , to the COSMICTM
or if new cable racking needs to be installed, Qwest will provision the direct
trunking within sixty (60) Days of the receipt of the complete Collocation
acceptance.
Ordering - Facility Connected (FC) Collocation
8.4.Application - Upon receipt of a complete Collocation Application as
described in Section 8.4., Qwest will perform a feasibility study. The feasibility study
will be provided within ten (10) Days of receipt of a complete Collocation Application.
part of the feasibility study, Qwest will also notify CLEC of any known circumstance that
may delay delivery of the ordered Collocation space and related facilities.
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8.4.If Owest determines that the Collocation Application is not
complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Owest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies,
8.4.Quotation - If Collocation Entrance Facilities and space are available
Owest will develop a price quotation within twenty-five (25) Days of providing the
feasibility study. Facility Connected Collocation price quotations will be honored for
thirty (30) Days from the date the quotation is provided. During this period , the
Collocation Entrance Facility and space are reserved pending CLEC's acceptance of the
quoted charges,
8.4,Acceptance - Upon receipt of a complete Collocation acceptance, as
described in Section 8.4.6, space will be reserved and construction by Owest will
begin.
8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on
two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) Days of
receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to Owest's C-
POI in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the
complete Collocation Application. Owest will provide FC Collocation ninety (90) Days
from receipt of a complete Collocation Application with timely acceptance of the
quotation by CLEC. With late acceptance of the quotation by CLEC, Owest will provide
FC Collocation ninety (90) Days from Acceptance. CLEC must have its Entrance Facility
at the C-POI no later than fifty-three (53) Days after Owest receives the complete
Collocation Application. If CLEC's Entrance Facility is not completed to the C-POI within
fifty-three (53) Days after receipt of the complete Collocation Application, Owest shall
complete the FC Collocation within forty-five (45) Days of the completion and availability
of CLEC's Entrance Facility at the C-POI.
Billing
Billing - All Collocation
Upon completion of the Collocation construction activities and payment of
the remaining nonrecurring balance, Owest will provide CLEC a completion package that
will initiate the recurring Collocation charges. Once this completion package has been
signed by CLEC and Owest, and Owest has received the final fifty percent (50%)
balance, Owest will activate CLEC transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
In the event Owest has completed all associated construction activities
and CLEC has not completed its associated activities (e., delivering fiber to the C-POI
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Owest will bill an adjusted amount of the remaining nonrecurring balance, close
the job, and begin billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, Owest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
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monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can
request Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the Maintenance and Repair process contained
herein.
Billing - Virtual Collocation
Virtual Collocation will be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
Billing - Caged and Cageless Physical Collocation
Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, Qwest will schedule a walk through of the space with CLEC,
During this joint walk through, Qwest will turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through
CLEC will be provided the Caged or Cageless Physical Collocation completion package
(Le., all ordering information). The monthly billing for leased space, DC power, Entrance
Facility, and other associated monthly charges will commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.7. If Qwest, despite its best efforts, including notification through the
contact number on the Collocation Application , is unable to schedule the walk-through
with CLEC within twenty-one (21) Days of the RFS, Qwest shall activate the monthly
recurring charges.
Maintenance and Repair
Virtual Collocation
Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time), and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays.
Installation and maintenance of CLEC's virtually collocated equipment will
be performed by Qwest or a Qwest authorized vendor.
Upon failure of CLEC's virtually collocated equipment, Qwest will promptly
notify CLEC of such failure and the corrective action that is needed. Qwest will repair
such equipment within the same time periods and with failure rates that are no greater
than those that apply to the performance of similar functions for comparable equipment
of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to
Qwest at the Premises housing the failed equipment. CLEC is responsible for
purchasing and maintaining a supply of spares,
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Physical Collocation
CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
Interconnection Distribution Frame
CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs, and general housekeeping of the frame.
Adjacent Collocation and Adjacent Remote Collocation
6.4.CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
Facility Connected (FC) Collocation
Qwest will be responsible for all Maintenance and Repair of FC
Collocation facilities from the C-POI into and within the Wire Center, and for the
associated Interconnection, ancillary services , and Finished Services terminated on the
FC Collocation blocks or panels. CLEC does not have physical access to the Wire
Center for FC Collocation.
Splitter Collocation
When Splitters are installed in Qwest Wire Centers via Common Area
Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to
increase the capacity of the Splitters. CLEC will leave one (1) unused, spare Splitter
card in every shelf to be used for Maintenance and Repair until such time as the card
must be used to fill the shelf to capacity.
When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31
1999 Order in CC Docket No. 98-147.
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Section 9
Unbundled Network Elements
SECTION 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 Qwest 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 Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, state laws, the Bona
Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that
Qwest 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.
UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.1.2 CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
If CLEC accesses and uses a UNE consistently with Section 9., CLEC
may provide any Telecommunications Services over the same UNE.
1.4 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 Sections 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) of the Act. 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 Qwest of Wire Centers that meet the applicable non-
impairment thresholds as specified in Section 9., and that a requested unbundled DS1
DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified
on the list of Wire Centers that meet the applicable non-impairment threshold as
specified in Section 9.6. 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.
1.4.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
Qwest must immediately process the request if the UNE is in a location that does
not meet the applicable non-impairment thresholds as specified in Section 9.2 or
Section 9.6. To the extent that Qwest seeks to challenge any other such UNEs
it subsequently can raise that issue through the dispute resolution procedures
provided for in this Agreement.
1.4.Additional Non-Impaired Wire Centers. If additional Qwest Wire
Centers are found to meet the relevant factual criteria discussed in Sections V
and VI of the FCC's Triennial Review Remand Order under which Qwest is no
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Unbundled Network Elements
longer required to offer 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 DS 1 , 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 exiting DS1 and DS3
UNEs to an alternative service. CLEC will have one hundred eighty (180) Days
to transition Dark Fiber transport to an alternative s~rvice. 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 (91st) Day as well as for all applicable nonrecurring charges
associated with such conversions.
If it is determined by CLEC or Qwest that CLEC's access to or use of
UNEs is inconsistent with Existing Rules , except due to change of law, CLEC has thirty
(30) 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 Qwest
alternate service arrangements. CLEC is also responsible for all nonrecurring chargesassociated with such conversions.
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 C.R. ~ 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.
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;
Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
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's 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
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, access services.
When a UNEand other 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 do 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 s 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 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.
Qwest will not combine or Commingle services or Network
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934 , as amended , with Unbundled Network Elements or
combinations of Unbundled Network Elements.
Services are available for Commingling only in the manner
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 Section 7 of this Agreement are not available for
Commingling.
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.
Service Eligibility Criteria
The following Service Eligibility Criteria apply to combinations and/or Commingling of
high capacity (OS1 and OS3) 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).
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