20070227Application Part II.pdf

Section 9
Unbundled Network Elements
10.Except as otherwise provided in this Section 9., Owest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
10.CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the followingSections.
10.State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absenceof a state certification requirement, has complied with registration
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
10.Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
10.Telephone Number Assignment. Each circuit to be
provided to each End User Customer will be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS 1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those,.normally required
for a local voice call.
10.2.4 911 or E911. Each circuit to be provided to each End User
stomer will have 911 or E911 capability prior to the provision of service
over that circuit.
10.Collocationa) Each circuit to be provided to each End User Customer will
terminate in a Collocation arrangement that is established
pursuant to Section 251 (c)(6) of the Act and located at Owest'
Premises within the same LATA as the End User Customer
premises, when Owest is not the collocator, and cannot be at an
Interexchange Carrier POP or ISP POP location;b) Each circuit to be provided to each End User
Customer will terminate in a Collocation arrangement that is
located at the third party's premises within the same LATA as the
End User Customer s premises , when Owest is the collocator; and
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Unbundled Network Elementsc) When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facility must be terminated in a
Collocation arrangement that is established pursuant to Section
251 (c)(6) of the Act and located at Qwest's Premises within the
same LATA as the End User Customer s premises , when Qwest is
not the collocator, and cannot be at an Interexchange Carrier POP
or ISP POP location.
10.Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffic which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffic, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum , each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty-four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
10.1 Calling Party Number. Each circuit to be provided
to each End User Customer will be served by an Interconnection
trunk over which CLEC will transmit the Calling Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilities having equivalent capacity,
CLEC will have at least one (1) active DS1 LIS trunk over which
CLEC will transmit the Calling Party Number in connection with
calls exchanged over the trunk. If the Calling Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting these criteria.
10.End Office Switch. Each circuit to be provided to each End
User Customer will be served by an End Office Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffic.
10.CLEC must provide certification to Qwest through a certification
letter, or other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facility or service, meets the Service Eligibility Criteria set forth
above before Qwest will provision or convert the high capacity facility in
combination or Commingled.
10.4 CLEC's high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
10.Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibility
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Audits of CLEC'records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
1.1.10.Qwest may, upon thirty (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilities
conduct a Service Eligibility Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
10.CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by Qwest and shall maintain and provide Qwest
with relevant records (e., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC'high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
10.An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided, however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor s report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria,
Qwest shall reimburse CLEC for its costs associated with the Service
Eligibility Audit.
10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours
unless there is a mutual agreement otherwise.
10.Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Qwest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that audit , and if
any subsequent Service Eligibility Audit does not find non-compliance,
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
10.At the same time that Qwest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
10.Service Eligibility Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Qwest may have pursuant to other provisions of this Agreement.
10.Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
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Criteria of this Section. Qwest shall not require a Service Eligibility Audit
as a prior prerequisite to Provisioning combination and Commingled
facilities.
10.CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
10.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above , the CLEC must convert all non-compliant circuitsto private line/special access circuits and CLEC must true-up any
difference in payments within thirty (30) days.
Qwest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Qwest provides, as well as the access provided to that
element, will be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest will be
provided in "substantially the same time and manner" to that which Qwest provides to itself or to
its Affiliates. In those situations where Qwest does not provide access to Network Elements to
itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Qwest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the Network Element, except when the provisions
herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Qwest
shall provide access and UNEs at the service performance levels set forth in Section 20.
Notwithstanding specific language in other sections of this Agreement, all provisions of this
Agreement regarding Unbundled Network Elements are subject to this requirement. In addition
Qwest shall comply with all state wholesale service quality requirements.
If facilities are not available, Qwest will build facilities dedicated to an End
User Customer if Qwest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local
Exchange Service. CLEC will be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest does not agree
that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to
Section 9.19 of this Agreement.
Upon receipt of an LSR or ASR, Qwest will follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC will
not receive an additional FOC, and the order Due Date will not be changed.
If cable capacity is available , Qwest will complete incremental
facility work (i.e., conditioning, place a drop, add a Network Interface Device , and
other routine network modifications as described below) in order to complete
facilities to the End User Customer s premises.
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Qwest shall make all routine network modifications to
unbundled Loop and transport facilities used by CLEC where the
requested loop or transport facility has already been constructed. Qwest
shall perform these routine network modifications to unbundled Loop or
transport facilities in a non-discriminatory fashion, without regard to
whether the Loop or transport facility being accessed was constructed on
behalf, or in accordance with the specifications, of any carrier.
A routine network modification is an activity that Qwest
regularly undertakes for its own retail End User Customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Qwest ordinarily
attaches to a DS 1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable , and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried cable
for CLEC.
During the normal assignment process , if no available facilities
are identified for the UNE requested , Qwest will look for existing engineering job
orders that could fill the request in the future. If an engineering job currently
exists, Qwest will add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC
another FOC with a new Due Date. If facilities are not available and no
engineering job exists that could fill the request in the future , Qwest will treat
CLECs request as follows:
For UNEs that meet the requirements set forth in
Section 9., CLEC will receive a jeopardy notice. Qwest will initiate
an engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC CLEC can request a
different Due Date by submitting a supplemental order to change the Due
Date to a later date.
For UNEs that do not meet the requirements in
Section 9., Qwest will send CLEC a rejection notice canceling the
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.
1.2.1.4 Qwest will provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds $100,000 (one hundred
thousand dollars) in total cost, the estimated Ready for Service Date, the number
of pairs or fibers added, and the location of the new facilities (e., Distribution
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Area for copper distribution, route number for copper feeder, and termination
CLLI codes for fiber). CLEC acknowledges that Qwest does not warrant
guarantee the estimated Ready for Service Dates. CLEC also acknowledges
that funded Qwest outside plant engineering jobs may be modified or cancelled
at any time.
1.2.Intentionally Left Blank.
Intentionally Left Blank.1.4 Qwest will provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for
each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the
connection between the Unbundled Network Element and the ICDF or other Central Office
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall
be:a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or
Physical Collocation Space; orb) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution
Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation , at the ICDF; ord) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
at another Central Office Demarcation Point mutually-agreed to by the Parties.
CLEC may connect Network Elements in any Technically Feasible manner.
Qwest will provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Qwest provides to itself. Qwest will provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Qwest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Qwest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict
CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Qwest in combination or as elements to be combined
by CLEC) except as Qwest may be expressly permitted or required by Existing Rules.
Except as set forth in Section 9.23 , the - UNE Combinations Section , Qwest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
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Qwest or CLEC):a) Qwest will perform testing necessary or reasonably requested by CLEC
to determine that such UNE is capable of meeting the technical parameters
established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
When elements are provisioned by Qwest in combination:a) Qwest will perform testing necessary or reasonably requested by CLEC
to determine that such combination and each UNE included in such combination
is capable of meeting the technical parameters of the combination.b) Qwest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
Installation intervals for Unbundled Network Elements are contained in Exhibit C.
Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Qwest web site.
In order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits
and new area code implementation. FCC rules are contained in C.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web site.10 Channel Regeneration. Qwest's design will ensure the cable between the
Qwest-provided active elements and the DSX will meet the proper signal level requirements.
Channel regeneration will not be charged for separately for Interconnection between a
Collocation space and Qwest's network. Cable distance limitations are based on ANSI
Standard T1.102-1993 "Digital Hierarchy - Electrical Interface; Annex B.
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Unbundled Network Elements11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.12 Miscellaneous Charges apply for miscellaneous services listed below in this
Section , if such miscellaneous services are available with Unbundled Network Elements as
provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are
provided at CLEC'request or are provided based on CLEC'actions that result in
miscellaneous services being provided by Qwest. Miscellaneous Charges are in addition to
recurring and nonrecurring charges that apply under this Agreement. When more than one
miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous
Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services
provided during Qwest's regular business hours , 8 a.m. to 5 p., local time, Monday through
Friday, excluding holidays; overtime Miscellaneous Charges apply for such services provided
between 5 p.m. and 8 a., local time , Monday through Friday, or any time Saturday, excluding
holidays; and premium Miscellaneous Charges apply for such services provided any time on
Sundays or holidays.a) Additional engineering - engineering work including: 1) additional technical
information after Qwest has already provided the technical information normally on the
design layout record; 2) customized service; or 3) review of Qwest outside plant
records. Basic or overtime rates apply.
b) Additional labor - installation - installation work scheduled to be performed
outside of Qwest's regular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation
above that involves labor only, including testing and maintenance that are not part
initially requested installation or maintenance, or, for example, for optional testing when
CLEC reports trouble and provides no test results and authorizes Qwest to perform tests
on CLEC's behalf. Basic, overtime, or premium rates apply.
d) Additional cooperative acceptance testing - performing specific tests requested
by CLEC. Qwest's participation in such testing is subject to the availability of necessary
qualified Qwest personnel and test equipment at test locations, which normally include
the Qwest Central Office and may include CLEC's specified location. Tests include , but
are not limited to, loop back, attenuation, intermodulation, phase jitter, noise , delay,
echo , and frequency shift tests. Basic, overtime , or premium rates apply.e) Non-scheduled cooperative testing - performing specific tests requested by
CLEC as described above under "additional cooperative acceptance testing" on a non-
scheduled basis. Tests include, but are not limited to, loss, noise, slope, delay, and
echo. Such tests are performed as the result of a repair request and are in addition to
tests required to isolate and repair trouble. Basic, overtime, or premium rates apply.f) Cancellation - cancellation of a pending order for the Installation of services at
any time prior to notification by Qwest that service is available for use. The cancellation
date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC
or CLEC's End User Customer is unable to accept service within thirty (30) Days after
the original Due Date, the order will be cancelled by Qwest. Prices for this
miscellaneous service are market-based , using Qwest's Tariffed, cataloged, price listed
or other similarly documented prices, and are subject to change. Additional information
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concerning the application of prices for cancellations can be found in Qwest's Tariff FCC
No., Section 5.
g)
Design change - information provided by CLEC or a request from CLEC that
results in an engineering review and/or a design change to service on a pending service
order, per order, per occurrence. Design changes include , but are not limited to: 1)
changes to the address on a pending service order when the new address is in the same
Qwest Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a private line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the original Due Date. Prices for this
miscellaneous service are market-based , using Qwest's Tariffed, cataloged , price listed,
or other similarly documented prices, and are subject to change.
h) Dispatch - 1) information provided by CLEC, or a request from CLEC , in relation
to installation of services, resulting in dispatch of a Qwest technician(s) when dispatch is
not required for Qwest to complete its installation work; 2) information provided by CLEC
resulting in dispatch , or a request from CLEC for dispatch, of a Qwest technician(s) in
relation to a repair request where no trouble is found in Qwest's facilities; and 3) a Qwest
technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or
ready. Prices for this miscellaneous service are market-based, using Qwest's Tariffed
cataloged, price listed, or other similarly documented prices , and are subject to change.i) Expedite - a Due Date that reflects a shorter service interval than is available in
Qwest's Service Interval Guide; or that is a request for an earlier Due Date than has
been established on a pending order; or that is required to meet a Due Date on a
pending order due to design or other changes submitted by CLEC. Qwest will
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based , using Qwest's Tariffed
cataloged, price listed , or other similarly documented prices , and are subject to change.
j)
Maintenance of ServicefTrouble Isolation - work performed by Qwest when
CLEC reports trouble to Qwest and no trouble is found in Qwest's facilities. CLEC is
responsible for payment of charges when the trouble is in equipment or systems
provided by a party(ies) other than Qwest. Additionally, when CLEC reports trouble
within a quantity of services and circuits , but fails to identify the specific service and
circuit experiencing trouble , charges apply for the time spent by Qwest to isolate the
trouble. A call-out of Qwest technician at a time not consecutive with that technician
scheduled work period is subject to a minimum charge of four (4) hours. Failure of
Qwest personnel to find trouble in Qwest facilities will result in no charge if the trouble is
subsequently found in those facilities. Charges apply per Qwest technician , from the
time of dispatch until the work is complete. Trouble Isolation Charges (TIC) apply for
trouble isolation work on POTS and Maintenance of Service charges apply for trouble
isolation work on other services. Dispatch Miscellaneous Charges may apply in addition
to Maintenance of Service charges or TIC. Basic, overtime , or premium rates apply.
Prices for this miscellaneous service are market-based, using Qwest's Tariffed
cataloged, price listed , or other similarly documented prices , and are subject to change.
ntentionally Left Blank.
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Intentionally Left Blank.15 Expedite requests for designed Unbundled Network Elements are allowed.
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.
15.CLEC will request an expedite for designed Unbundled Network
Elements, including an expedited Due Date, on the Local Service Request (LSR) or the
Access Service Request (ASR), as appropriate.
15.The request for an expedite will be allowed only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog
for expedites at Qwest's wholesale web site.
Intentionally Left Blank.
Unbundled Loops
Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a Qwest Central Office and the Loop Demarcation Point at an End User
Customer s premises. The Unbundled Loop includes all features, functions, and capabilities of
such transmission facility. Those features , functions, and capabilities include, but are not limited
, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1 , and DS3 Loops.
Loop Demarcation Point. For purposes of this Section Loop
Demarcation Point is the point where Qwest owned or controlled facilities cease, and
CLEC, End User Customer, owner or landlord ownership of facilities begins.
FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer s premises, or, in the case of predominantly
residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section , a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer s premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution subloop also. is not more than 500 feet from the respective End User
Customer s premises.
FTTH/FTTC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer s premises
that had not previously been served by any loop facility prior to October 2 , 2003.
FTTH/FTTC Overbuilds.Qwest shall have no obligation to
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provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
loop facility:
Qwest shall: (i) leave the existing copper loop
connected to the End User Customer s premises after deploying the
FTTH/FTTC loop to such premises. and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, Qwest shall not be required to incur any expense to ensure
that any such existing copper loop remains capable of transmitting signals
prior to receiving a request from CLEC for access , as set forth above, in
which case Qwest shall restore such copper loop to serviceable condition
on an Individual Case Basis. Any such restoration shall not be subject to
Performance Indicator Definition or other performance service
measurement or intervals. Qwest's obligations under this subsection
shall terminate when Qwest retires such copper Loop in
accordance with the provisions of Section 9.3 below.
In the event Qwest in accordance with the
provisions of Section 9.3 below, retires the existing copper loop
connected to the End User Customer s premises, Qwest shall provide
access~ as an Unbundled Network Element, over the FTTH/FTTC loop to
a 64 kbps transmission path capable of voice grade service.
Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest will: (i)
provide notice of such planned replacement on its web site
(www.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (iii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) a CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th
business day following the release of the FCC's public notice of the filing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filing, unless the FCC rules
otherwise within that period.
Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, Qwest shall provide CLEC with non-discriminatory access on an
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unbundled basis to time division multiplexing features , functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist, to establish
a complete transmission path between Qwest's Central Office and an End User
Customer s premises. This access shall include access to all features , functions
and capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services , Qwest may either:a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to
DSO capacity), using time division multiplexing technology; orb) Provide nondiscriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
1.4 Intentionally Left Blank.
Terms and Conditions
Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops (unbundled from local switching and transport) of substantially the same quality
as the Loop that Qwest uses to provide service to its own End User Customers. For
Unbundled Loops that have a retail analogue, Qwest will provide these Unbundled
Loops in substantially the same time and manner as Qwest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
Use of the word "capable" to describe Loops in Section 9.
means that Qwest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
Use of the word "compatible" to describe Loops in Section 9.
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Qwest makes no assumptions as
to the capabilities of CLEC's Central Office equipment or the Customer Premises
Equipment.
Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, Qwest will first attempt, to the extent possible . to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
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available, Qwest may also seek alternatives such as Integrated Network Access
(INA), hair pinning, or placement of a Central Office terminal, to permit CLEC to
obtain an Unbundled Loop. If no such facilities are available , Qwest will make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for CLEC.
2.2.In areas where Qwest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about CLEC'
ability to provide service through available copper facilities on a broad
scale , CLEC shall have the ability to gain access to Qwest information
sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwest's
incremental costs to provide such information or access mediation.
If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Qwest will provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest will, at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops , 2/4 Wire Non-Loaded Loops, ADSL Compatible Loops and xDSL-
Capable Loops. Unbundled digital Loops are transmission paths capable of carrying
specifically formatted and line coded digital signals. Unbundled digital Loops may be
provided using a variety of transmission technologies including, but not limited to
metallic wire, metallic wire based digital Loop carrier, and fiber optic fed digital carrier
systems. Qwest will provision digital Loops in a non-discriminatory manner, using the
same facilities assignment processes that Qwest uses for itself to provide the requisite
service. Digital Loops may use a single or multiple transmission technologies.
continuity does not apply to digital capable Loops. If conditioning is required, then CLEC
shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to
perform such conditioning.
Intentionally Left Blank.
DS1 Unbundled Loops. Subject to the cap described in
Section 9.2.2., Qwest shall provide CLEC with non-discriminatory
access to a DS1 Loop on an unbundled basis to any building not served
by a Wire Center with at least 60,000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS1 Loop unbundling will be required in that Wire
Center.
1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum often (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
DS3 Unbundled Loops.Subject to the cap described
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in Section 9., Qwest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38,000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
Qwest shall make a list available to CLEC of those Wire
Centers that satisfy the above criteria and update that list as additional
Wire Centers meet these criteria.
If CLEC orders a 2/4 wire non-loaded or ADSL compatible
Unbundled Loop for an End User Customer served by a digital loop carrier
system , Qwest will conduct an assignment process which considers the potential
for an LST or alternative copper facility. If no copper facility capable of
supporting the requested service is available, then Qwest will reject the order.
2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-loaded
Unbundled Loop. In the event that no such facilities are available, CLEC may request
that Qwest condition existing spare facilities. CLEC may indicate on the LSR that it pre-
approves conditioning if conditioning is necessary. If CLEC has not pre-approved
conditioning, Qwest will obtain CLEC's consent prior to undertaking any conditioning
efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is
necessary, Qwest will dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be
charged the nonrecurring conditioning charge (i.e., cable unloading and Bridged Taps
removal), if applicable, in addition to the Unbundled Loop installation nonrecurring
charge.
2.4.Where Qwest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Qwest to deliver
it to CLEC. In the case of such fundamental failure , CLEC shall be entitled to a
credit of all conditioning charges , except where CLEC asks Qwest to cure any
defect and Qwest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
5 . When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Qwest will dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters , if required, and BRITE cards in order to provision the
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Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be
required in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the circuit design requires Extension Technology to bring it up to
the design standards , it will be added by Qwest, at no charge. Extension Technology
can also be requested by CLEC to meet its specific needs. If Extension Technology is
requested by CLEC, but is not required to meet the technical standards, then Qwest will
provide the requested Extension Technology and will charge CLEC. Qwest will
provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC will
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The
ISDN Capable Loop may also require conditioning (e., removal of load coils or Bridged
Taps).
For DS1 or DS3 capable Loops, Qwest will provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC will
have access to these terminations for testing purposes.
DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS1 panel or equivalent in a Qwest serving
Central Office and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design requirements
specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1).
DS3 capable Loops provide a transmission path between a
Qwest Central Office network interface and an equivalent network interface at an
End User Customer location. DS3 capable Loops transport bi-directional DS3
signals with a nominal transmission rate of 44.736 Mbit/s. DS3 capable Loops
shall meet the design requirements specified in Technical Publications 77384
(Unbundled Loop) and 77324 (DS3).
Qwest is not obligated to provision BRI-ISDN , xDSL-I-capable, DS1 , DS3-
capable, or ADSL-compatible Loops to End User Customers in areas served exclusively
by Loop facilities or transmission equipment that are not compatible with the requested
service.
Loop Qualification Tools. Qwest offers five (5) Loop qualification tools:the ADSL Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to
Unbundled Loop Tool, DSL Qualification Tool, and ISDN Qualification Tool. These and
any future Loop qualification tools Qwest develops will provide CLEC access to Loop
qualification information in a nondiscriminatory manner and will provide CLEC the same
Loop qualification information available to Qwest. CLEC may request an audit of
Qwest's company records, back office systems and databases pertaining to Loop
information pursuant to Section 18 of this Agreement.
2.2.ADSL Loop Qualification Tool. CLEC may use the ADSL Loop
Qualification tool to pre-qualify the requested circuit utilizing the existing
telephone number or address to determine whether it meets ADSL specifications.
The qualification process screens the circuit for compliance with the design
requirements specified in Technical Publication 77399.
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Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop
Data Tool. If CLEC has a digital certificate, CLEC may access the Wire Center
Raw Loop Data Tool via www.ecom.qwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLLI code
cable name, pair name , terminal address, ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length, segment gauge , Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire CenterCLLI code, cable
name, pair name, terminal address ML T distance, segment (F1 , F2), sub-
segment (e., 1 of F1), segment length , segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pair
gain type.
POTS Conversion to Unbundled Loop Tool. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and
whether there are load coils on the Loop.8.4 DSL Qualification Tool. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop ability to support Qwest DSL service. If the DSL
Qualification Tool returns a "" answer, it provides a brief explanation.
ISDN Qualification Tool. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and will inform CLEC of the number of lines found.
If an ISDN capable Loop is found , the tool identifies the facility and , if applicable,
pair gain.
If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest will perform a manual search of the company s records, back
office systems and databases where Loop information resides. Qwest will
provide CLEC, via email , the Loop information identified during the manual
search within forty-eight (48) hours of Qwest's receipt of CLEC's request for
manual search. The email will contain the following Loop makeup information:
composition of the Loop material; location and type of pair gain devices , the
existence of any terminals , such as Remote Terminals or digital loop terminals
Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops
served by digital loop carrier, the email will provide the availability of spare feeder
and distribution facilities that could be used to provision service to the End User
Customer, including any spare facilities not connected to the Switch and Loop
makeup for such spare facilities. After completion of the investigation, Qwest will
load the information into the Loop Facilities Assignment and Control System
(LFACS) database, which will populate this Loop information into the fields in the
Loop qualification tools.
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Provisioning Options. The following provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Qwest Technical Publication 77384 , Qwest
Interconnection Service - Unbundled Loop.
Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion , Qwest will call CLEC to notify
CLEC that the Qwest work has been completed.
9.2.2.For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting to CLEC. There is no associated circuit
testing performed.
For new End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
For basic installation of existing 2/4 wire analog
Loops, Qwest provides a Quick Loop with or without Local Number
Portability (LNP) option , that enables CLEC to receive the Quick Loop
installation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
For an existing End User Customer Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Office Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and Implementor/Tester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
The Qwest Implementor/Tester will read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single, designated CLEC office email
address.
For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
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read to CLEC by the Qwest Implementor/Tester on close~out. Within two
(2) business days, Qwest will email the performance test results to a
single, designated CLEC office email address.
Coordinated Installation With Cooperative Testing. Coordinated
Installation With Cooperative Testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated
Appointment Time, the Qwest Implementor/Tester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled Appointment Time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time.
Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time
Qwest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to Qwest's fault, Qwest will waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties will attempt to set a new Appointment Time on the same day
and , if unable to do so, Qwest will issue a jeopardy notice and a FOC with a new
. Due Date.
For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing thatCLEC requests. Upon completion of
Qwest performance testing, the Qwest Implementor/Tester will contact
CLEC, read the Qwest test results , and begin CLEC cooperative testing,
Within two (2) business days, Qwest will email the Qwest test results to a
single, designated CLEC office email address. CLEC will be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
For new End User Customer service , Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.Upon completion of Qwest performance testing, the Qwest
Implementor/Tester will contact CLEC , read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office email
address. CLEC will be charged for any Provisioning test not defined in
the Qwest Technical Publication 77384.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the Qwest Implementor/Tester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
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the installation by submitting a supplemental LSR. If Qwest is not ready within
thirty (30) minutes of the scheduled Appointment Time, Qwest will waive the
nonrecurring charge for the installation option and the Parties will attempt to set a
new Appointment Time on the same day and , if unable to do so , Qwest will issue
a jeopardy notice and a FOC with a new Due Date.
9.2.9.4.For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lift
and lay" procedure is complete.
9.2.9.4.For new Unbundled Loops, Qwest may dispatch a
technician to terminate the new circuit at the End User Customer
premises. The Field Technician will not remain on the premises to
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Office , and the COT and
Implementor/Tester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC will not
receive test results. When installation is complete, Qwest will notify
CLEC.
Basic Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
For an existing End User Customer Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of Qwest performance testing, the Qwest
Implementor/Tester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest will
email the Qwest test results to a single, designated CLEC office email
address. CLEC and Qwest will perform a loop back acceptance test
accept the Loop and exchange demarcation information.
For new End User Customer service , Basic
Installation With Cooperative Testing may require a dispatch to the End
User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits.
If Qwest fails to perform cooperative testing due to
Qwest's fault, Qwest will waive the nonrecurring charge for the installation
option. If CLEC still desires cooperative testing, the Parties will attempt to
set a new Appointment Time on the same day and, if unable to do so
Qwest will issue a jeopardy notice and a FOC with a new Due Date.
Performance Testing.
performance tests for various Loop types:
Qwest performs the following
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a) 2-Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts , or Foreign Volts
Insertion Loss = 0 to -5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds , Shorts, or Foreign Volts
Insertion Loss = 0 to-5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
c) Basic Rate ISDN and xDSL-Capable Loops
No Load Coils, Opens , Grounds , Shorts, or Foreign Volts
Insertion Loss = ~ 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
f) ADSL-Compatible Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = ~ 41 dB at 196 kHz
Automatic Number Identification (ANI) when dial-tone is present
Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1-capable,
Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops.
The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwest's ability to meet a
reasonable demand. Considerations such as system down time , Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same Frame Due Time (FDT) in the same Switch (Switch
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contention) must be reviewed. In the event that any of these situations
would occur, Qwest will negotiate with CLEC for an agreed upon FDT
prior to issuing the Firm Order Confirmation (FOC). In special cases
where CLEC is ordering Unbundled Loop with LNP, the FDT must be
agreed upon , the interval to reach agreement will not exceed two (2) days
from receipt of an accurate LSR. In addition, standard intervals will apply.7.2 CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
CLEC will incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within Qwest'standard
installation hours or out of hours. Qwest standard installation hours for
Unbundled Loops are 8:00 m. to 5:00 m. (local time) Monday through
Friday, excluding holidays. Where LNP is included, see Section 10.5.4
for rate elements.7.4 Qwest will schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees.
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP CLEC will also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation, and , as a result, non-scheduled employees are
required , CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date , within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP , if the Coordinated Installation is cancelled due to a Qwest error
or a new Due Date is requested by Qwest, within twenty-four (24) hours
of the negotiated FDT, Qwest may be charged by CLEC one (1) Person
three (3) hour minimum charge.
If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful , CLEC and
Qwest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request.
CLEC is in error then a supplemental order shall be provided to Qwest.
Qwest is in error, no supplemental order or additional order will be
required of CLEC.
If CLEC orders Project Coordinated Installation with
LNP, Qwest shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.
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10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwest'
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.23.8 of this Agreement.11 In order to properly maintain and modernize the network, Qwest may
make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.
9.2.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops
Qwest will advise the End User Customer to contact CLEC, and Qwest will initiate
contact with CLEC.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the property of Qwest.
Qwest shall have reasonable access to all such facilities for network management
purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel
to accommodate testing, il1spection repair and maintenance of such facilities and lines.
CLEC will not inhibit Qwest's employees and agents from entering said premises to test
inspect, repair and maintain such facilities and lines in connection with such purposes or
upon termination or cancellation of the Unbundled Loop service, to remove such facilities
and lines. Such entry is restricted to testing, inspection, repair and maintenance of
Qwest's property in that facility. Entry for any other purpose is subject to audit provisions
in the Audit section of this Agreement.
Intentionally Left Blank.
Reuse of Loop Facilities
15.When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest will notify CLEC of the
loss of the End User Customer, and will disconnect the Loop Qwest provided to
CLEC. Qwest will disconnect the Loop only where Qwest has obtained proper
Proof of Authorization.
15.When CLEC contacts Qwest with a request to convert an End
User Customer from their Current Service Provider to CLEC , CLEC
responsible for notifying the Current Service Provider of the conversion. Qwest
will disconnect the Loop Qwest provided the Current Service Provider and, at
CLEC's request, where technically compatible, will reuse the Loop for the service
requested by CLEC (e., resale service).
15.When CLEC contacts Qwest with a request to convert an End
User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the
existing Loop facilities for the service requested by CLEC to the extent those
facilities are technically compatible with the service to be provided. Upon CLEC
request, Qwest will condition the existing Loop in accordance with the rates set
forth in Exhibit A.
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15.4 Upon completion of the disconnection of the Loop, Qwest will
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies
CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period, Qwest shall
notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of
facilities hereunder is on a first come , first served basis. Any facility orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilities made available under the terms of this section.
Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A.
Recurring charges vary based on CLEC selected installation options, conditioning, and
extension technology. Exhibit A also provides Miscellaneous Charges.
2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN , ADSL Compatible
Loop and xDSL-Capable Loop Recurring and Nonrecurring rates.
1 DSO, DS1 , and DS3-Capable Loop Conversion Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops , including Basic Rate (BRI) ISDN and xDSL-Capable Loops.
Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic
Rate (BRI) ISDN, ADSL Compatible Loop and xDSL-1 Capable Loop, as requested and
approved by CLEC.6. All miscellaneous services as described in Section 9.12 are available
with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services.
Miscellaneous Charges for Out-of-Hours Coordinated Installations.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
7.4 Intentionally Left Blank.
For coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, CLEC will incur
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additional labor - installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
Conversions of private line/Special Access circuits to Unbundled Loops.
Ordering Process
2.4.Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the Qwest wholesale web site.
2.4.Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
2.4.Based on the pre-order Loop make-l:Jp, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
2.4.Before submitting an order for a 2/4 wire non-loaded Loop,
ADSL compatible Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC
should use one of Qwest's Loop make-up tools available via IMA-EDI, IMA-GUI
or the web-based application interface to obtain specific information about the
Loop CLEC seeks to order.
2.4.Based on the Loop make up information provided
through Qwest tools CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Qwest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Qwest will assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to perform the conditioning, Qwest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to perform the
conditioning on the LSR, Qwest will send CLEC a rejection notice
indicating the need to obtain approval for conditioning. CLEC must
submit a revised LSR before the conditioning work will commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval will begin as described in Section 9.2.4.
2.4.For a 2/4 wire non-loaded Loop, ADSL-compatible
Loop, ISDN-capable Loop, and xDSL-I-capable Loop, and DS1-capable
Loop, Qwest will return a Firm Order Confirmation (FOC) to CLEC within
seventy-two (72) hours from receipt of a valid and accurate LSR. Return
of such FOC will indicate that Qwest has identified a Loop assignment.
Such FOC will provide CLEC with a firm Due Date commitment or
indication that appropriate facilities are not available to fill CLEC's order.
2.4.If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Qwest will return
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the FOC with the standard interval (i.e., five (5) days).
2.4.i2 If CLEC' has not pre-approved Loop
conditioning and Qwest determines that the Loop contains load
coils, Qwest will notify CLEC via a reject notification. CLEC must
submit a new version of the LSR approving Loop conditioning. In
this scenario, the Application Date will correspond to the date the
new version is received by Qwest.
2.4.Intentionally Left Blank.
2.4.2.4 Intentionally Left Blank.
2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval will start when Qwest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
m. For service requests received after 7:00 , the service interval will begin on the
next business day.
2.4.4.When CLEC places an order for an Unbundled Loop with Qwest
that is complete and accurate, Qwest will reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation will contain the Due Date that specifies the date on which Qwest
will provision the Loop. Qwest will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Qwest must make
changes to the commitment date , Qwest will promptly issue jeopardy
notification to CLEC that will clearly state the reason for the change
commitment date. Qwest will also submit a new Firm Order Confirmation that will
clearly identify the new Due Date.
2.4.Installation intervals for Unbundled Loops apply when Qwest has facilities
or network capacity available.
2.4.Upon CLEC request, Qwest will convert special access or private line
circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the
Serving Wire Center. The Loop conversion ordering process applies.
2.4.Intentionally Left Blank.
2.4.When ordering Unbundled Loops , CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
2.4.
the Loop.
The installation interval for xDSL Loops depends on the need to condition
9.2.4.When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which will apply upon submission of a
complete and accurate LSR.
2.4.When load coils and/or Bridged Taps do exist CLEC will
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request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
required , then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
2.4.Out of Hours Coordinated Installations
2.4.10.For purposes of this Section, Qwest's standard installation hours
are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
Qwest's standard installation hours. Installations requested outside of standard
installation hours are considered to be out of hours Installations.
2.4.10.Intentionally Left Blank.
2.4.10.To request out of hours Coordinated Installations , CLEC will
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated Installation in the "remarks" section of the LSR.
2.4.10.4 . The date and time for out of hours Coordinated Installations may
need to be negotiated between Qwest and CLEC because of system downtime
Switch upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same appointment times in the same Switch (Switch contention).
Maintenance and Repair
CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancillary services prior to reporting trouble to Qwest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. Qwest will work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Qwest's network. Qwest and CLEC will
report trouble isolation test results to the other. For Unbundled Loops, each Party shall
be responsible for the costs of performing trouble isolation on its facilities , subject to
Sections 9.2 and 9.
When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on
the End User Customer s side of the Loop Demarcation Point. If the trouble is on the
End User Customer s side of the Loop Demarcation Point CLEC is required to perform
its own maintenance.
Before submitting a repair request to Qwest , CLEC will isolate trouble to
the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on CLEC's or the End User Customer
side of the Loop Demarcation Point, a Maintenance of Service charge applies. If CLEC
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elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop
at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair
processes are set forth in Section 12.3 of this Agreement.5.4 Qwest will maintain detailed records of trouble reports of CLEC-ordered
Unbundled Loops, comparing CLEC provided data with internal data, and evaluate .such
reports on at a minimum of a quarterly basis to determine the cause of Loop problems.
Qwest will conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Qwest. Based on this analysis, Qwest will take corrective measure
to fix persistent and recurrent problems , reporting to CLEC on the analysis and the
process changes that are instituted implemented to fix the problems.
Qwest shall allow access to the NID for testing purposes where access at
the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the
event that Qwest chooses not to allow such access, it shall waive any trouble isolation
charges that may otherwise be applicable.
Spectrum Management
Qwest will provide 2/4 Wire non-loaded Loops, ADSL-compatible Loops
ISDN-capable Loops, xDSL-I-capable Loops , DS1-capable Loops , and DS3-capable
Loops (collectively referred to in this Section 9.6 as "xDSL Loops ) in a non-
discriminatory manner to permit CLEC to provide Advanced Services to its End User
Customers. Such Loops are defined herein and are in compliance with FCC
requirements and guidelines recommended by the Network Reliability and
Interoperability Council (NRIC) to the FCC, such as guidelines set forth in T1-417.
When ordering xDSL Loops, CLEC will provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. CLEC also agrees ' to notify Qwest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology will operate if the
technology fits within a generic PSD mask.
CLEC information provided to Qwest pursuant to Section 9.
shall be deemed Confidential Information and Qwest may not distribute, disclose
or reveal, in any form, this material other than as allowed and described in
subsections of 9.2.
The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9., to legal personnel
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in Qwest's retail marketing, sales or strategic planning.
If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work cooperatively to determine Spectrum
Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards
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is approved by a standards body or by the FCC or Commission , of if technology has
been deployed elsewhere without a "significant degradation of service6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
services being provided , Qwest shall, whenever it is Technically Feasible, replace its
T1 s with a technology that will eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group
information including cable, pair, Carrier and PSD class to allow CLEC to notify the
causing Carrier.
If CLEC is unable to isolate trouble to a specific pair within the binder
group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
Intentionally Left Blank.
Qwest will not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Qwest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Qwest is ordered to do so by the Commission or other authorized
dispute resolution body. CLEC may submit any claims for resolution under Section 5.
of this Agreement.
Where CLEC demonstrates to Qwest that it has deployed Central Office
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwest's use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption , which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under this Agreement.
Private line/Special Access circuits may be converted to Unbundled Loops subject to the
terms and conditions of this Agreement, including the following criteria: 1) must be like-for-like
facilities, e., DS1 private line to DS1 capable Unbundled Loop; 2) must originate at CLEC'
Collocation site in the serving Central Office; and 3) must terminate at an End User Customer
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premises. The provisioning intervals for converting from private line/Special Access to
Unbundled Loop are located in the Service Interval Guide (SIG). Additional information can be
found in the Product Catalog for Unbundled Loop.
Subloop Unbundling
Description
An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in Qwest's outside plant (originating outside of the Central Office), including
inside wire owned or controlled by Qwest, and terminates at the End User Customer
premises. An accessible terminal is any point on the Loop where technicians can
access the wire within the cable without removing a splice case to reach the wire within.
Such points may include , but are not limited to, the pole , pedestal , Network Interface
Device, minimum point of entry, single point of Interconnection , Remote Terminal
Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not
have access on an unbundled basis to a feeder subloop defined as facilities extending
from the Central Office to a terminal that is not at the End User Customer s premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of a complete transmission path, not a subloop, between the
Central Office and the End User Customer s premises or MTE. This section does not
address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9.
Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form
accessible terminal. Throughout Section 9.3 the Parties obligations around such
MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring Qwest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilities of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards , or practices necessary to assure the safe and reliable
operation of all Carriers' facilities.
Any Party may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
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1.4 Prior to the development of such standard terms and conditions,
Qwest shall impose in the six (6) areas identified in Section 9.2 above, only
those requirements or intervals that are reasonably necessary, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
conditions for access. If there is a dispute regarding the conditions for access
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
1.4
1.4.MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Qwest owned building, are not considered
MTE Terminals.
1.4.Detached Terminals: All accessible terminals other
than MTE Terminals.
Intentionally Left Blank. .
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a CLEC-requested Field Connection Point (FCP)
has been installed within or adjacent to the Qwest accessible terminal. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Qwest Subloop elements.
Accessing Subloops in MTE Terminals: Subloop unbundling is
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE , during or after an inventory of CLEC's terminations has been created
and CLEC has constructed a cross connect field at the building terminal.
Field Connection Point
1.4.Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Qwest outside of the Central Office location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminal. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required , it must be
in place before Subloop orders are processed.
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1.4.Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation.
1.4.The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.
1.4.To the extent that CLEC places equipment in a
Qwest Premises that requires power and or heat dissipation , such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
1.4.A FCP arrangement can be established either within a Qwest
accessible terminal , or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible , CLEC may place the FCP in an
adjacent terminal. CLEC will have access to the equipment placed within the
Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
MTE Point of Interconnection (MTE-POI)
A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must
create the cross connect field at the building terminal that will allow CLEC to
connect its facilities to Qwest's Subloops. The Demarcation Point between
CLEC and Qwest's facilities is the MTE-POL
Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal , Qwest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the Dispute
Resolution provisions of this Agreement, that it is not Technically Feasible, or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminal.
Intentionally Left Blank.
Standard Subloops Available
Distribution Loops
1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest-
provided facility from the Qwest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User Customer location. The Two-
Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type
services. CLEC can obtain access to this Unbundled Network Element at any
Technically Feasible accessible terminal.
2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest-
provided facility without load coils and excess Bridged Taps from the Qwest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User Customer location. When CLEC requests a Non-Loaded
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Unbundled Distribution Loop and there are none available, Qwest will contact
CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the
response is affirmative , Qwest will dispatch a technician to "condition" the
Distribution Loop by removing load coils and excess Bridged Taps (i.e.
, "
unload"
the Loop). CLEC may be charged the cable unloading and Bridged Taps
removal nonrecurring charge in addition to the Unbundled Loop installation
nonrecurring charge. If a Qwest technician is dispatched and no load coils or
Bridged Taps are removed, the nonrecurring conditioning charge will not apply.
CLEC can obtain access to this Unbundled Network Element at any Technically
Feasible accessible terminal.
Intrabuilding Cable Loop: a Qwest-provided facility from the
building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
when Qwest owns the intrabuilding cable. 1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings , CLEC
can access the Subloop by ordering a Distribution Loop pursuant to either
Section 9.1 or 9.2. A campus environment is one piece of property,
owned by one (1) Person or entity, on which there are multiple buildings.
Intentionally Left Blank.
Intentionally Left Blank.
MTE Terminal Subloop Access: Terms and Conditions
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Qwest owned MTE is done through an MTE-POL Collocation is
not required to access Subloops used to access the network infrastructure within an
MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross
Connect Collocation, as defined in Section 9., refers to creation of a cross connect field
and does not constitute Collocation as defined in Section 8. The terms and conditions of
Section 8 do not apply to Cross Connect Collocation if required at or near an MTE.
To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.5.4.
The optimum point and method to access Subloop elements will be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity,. reliability, and
security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC will be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest to rearrange its facilities.
If there is space in the building for CLEC to enter the building and
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terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Qwest's systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC
requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.5.4.7. Qwest shall have five (5)
Days from receipt of a written request from CLEC, in addition to the interval set forth in
Section 9.5.4., to input the inventory of CLEC's terminations into its systems. Qwest
may seek an extended interval if the work cannot reasonably be completed within the
stated interval. In such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the work. 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 the extended interval. If CLEC submits
aSubloop order before Qwest inputs the inventory into its systems, Qwest shall process
the order in accordance with Section 9.5.4.
If CLEC connects Qwest's Subloop element to CLEC's facilities using any
temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) Days. All
wiring arrangements, temporary and permanent, must adhere to the National Electric
Code.
If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and Qwest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MTE, Qwest will either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
Qwest's obligation to construct a SPOI is limited to those MTEs where Qwest has
distribution facilities to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition, Qwest shall have an obligation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOL In such instances , CLEC shall pay the applicable charge, identified in Exhibit A
which shall be ICB , based on the scope of the work required.
If Qwest must rearrange its MTE Terminal to make space for
CLEC , Qwest shall have forty-five (45) Days from receipt of a written request
from CLEC to complete the rearrangement. Qwest may seek an extended
interval if the work cannot reasonably be completed within forty-five (45) Days.
In such cases, Qwest shall provide written notification to CLEC of the extended
interval Qwest believes is necessary to complete the work. 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.
9~3.If Qwest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
CLEC may cancel a request to construct an FCP or SPOI prior
to Qwest completing the work by submitting a written notification via certified mail
to its Qwest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Qwest as well as any costs necessary to restore the
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property to its original condition.
At no time shall either Party rearrange the other Party's facilities within the
MTE or otherwise tamper with or damage the other Party's facilities within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
Detached Terminal Subloop Access: Terms and Conditions
3.4.Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required , a Remote Collocation.
3.4.To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP , CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
3.4.Field Connection Point
3.4.Qwest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Qwest shall allow CLEC
to construct its own structure adjacent to Qw.est's accessible terminal. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Qwest rights of way, pursuant to Section 10.8 of this
Agreement) and shall coordinate its facility placement with Qwest, when placing
its facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter
from cities, counties , electric power companies , property owners and similar third
parties, when it seeks to interconnect its equipment at Subloop access points
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
3.4.The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
3.4.CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest will terminate the cable in the
Qwest accessible terminal if termination capacity is available. If termination
capacity is not available, Qwest will expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Qwest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminal. It will be the responsibility of Qwest to
seek to resolve obstacles that Qwest may encounter from cities, counties
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electric power companies, property owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or rights of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC will be
responsible for placing the cable from the Qwest FCP to its equipment. Qwest
will perform all of the initial splicing at the FCP.
3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to Qwest completing the work by submitting a written notification via
certified mail to its Qwest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Qwest.
3.4.If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section of this
Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the
Act with the Commission, wherein Qwest shall have the burden to demonstrate
that there is insufficient space in the accessible terminal to accommodate the
FCP, or that the requested Interconnection is not Technically Feasible.
3.4.4 At no time shall either Party rearrange the other Party's facilities within the
accessible terminal or otherwise tamper with or damage the other Party's facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
Ordering/Provisioning
All Sub loop Types
CLEC may order Subloop elements through the Operational
Support Systems described in Section 12.
CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
Additional Terms for Detached Terminal Subloop Access
5.2.CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC
will populate the LSR with the termination information provided at the completion
of the FCP process.
Qwest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect Qwest facilities or attempt to run a jumper between its Subloop
elements and Qwest's Subloop elements without specific written authorization
from Qwest.
Once the FCP is in place, the Subloop Provisioning intervals
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contained in Exhibit C shall apply.
Intentionally Left Blank.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access
Ordering Process
5.4.CLEC shall notify its account manager at Qwest in writing,
including via email , of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Qwest shall have up to ten
(10) Days to notify CLEC and the MTE owner whether Qwest believes it or the
MTE owner owns the intrabuilding cable. In the event that there has been a
previous determination of on-premises wiring ownership at the same MTE, Qwest
shall provide such notification within two (2) business days. In the event that
CLEC provides Qwest with a written claim by an authorized representative of the
MTE owner that such owner owns the facilities on the End User Customer side of
the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days
from Qwest's receipt of such claim.
5.4.Intentionally Left Blank.
5.4.If the MTE owner owns the facilities on the Customer side of the
terminal , CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
5.4.If Qwest owns the facilities on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Qwest must rearrange facilities or construct new facilities to accommodate such
access, CLEC shall notify Qwest. Upon receipt of such notification , the intervals
set forth in Section 9.3 shall begin.
5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC will populate the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Qwest's Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop
elements and Qwest's Subloop elements to make a connection at the MTE-POL
CLEC, at its option , may request that Qwest run the jumper for intrabuilding cable
in MTEs when the inventory is done and a complete LSR has been submitted.
5.4.When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring will be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to Qwest's Standard MTE
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Access Protocol unless the Parties have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Qwest's Standard MTE Access Protocol, Qwest shall
negotiate with CLEC promptly and in good faith toward that end.
5.4.Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when Qwest runs the jumper
the Subloop Provisioning intervals contained in Exhibit C shall apply.
5.4.For access to Qwest's on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing
Qwest before securing such access. Qwest shall secure the circuit-identifying
information , and will be responsible for entering it on the LSR when it is received.
Qwest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
FCP Ordering Process
CLEC shall submit a Field Connection Point Request Form to
Qwest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
After construction of the FCP and Collocation are complete
CLEC will be notified of its termination location, which will be used for ordering
Subloops.
The following constitute the intervals for provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
Any Remote Collocation associated with a
FCP in which CLEC will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) Days from receipt
of a written request by CLEC.
If Qwest denies a request for Cross
Connect Collocation in a Qwest Premises due to space limitations
Qwest shall allow CLEC representatives to inspect the entire
Premises escorted by Qwest personnel within ten (10) Days of
CLECs receipt of the denial of space, or a mutually agreed upon
date. Qwest will review the detailed space plans (to the extent
space plans exist) for the Premises with CLEC during the
inspection , including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
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limitations at the Premises make Collocation impractical, Qwest
and CLEC may present their arguments to the Commission. In
addition, if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Cross
Connect Collocation Application date for determining RFS unless
both Parties agree to a revised date.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
construction activities and payment of the remaining nonrecurring
charge , Qwest will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Qwest, despite its best efforts, including notification through the
contact number on the Cross Connect Collocation Application, is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) Days of the RFS , Qwest shall activate the
applicable charges.
Qwest may seek extended intervals if the
work cannot reasonably be completed within the set interval. In
such cases, Qwest shall provide written notification to CLEC of the
extended interval Qwest believes is necessary to complete the
work. 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.
Rate Elements
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
Miscellaneous Charges.
All Subloop Types
Recurring Charge - CLEC will be charged monthly recurring
charges for each Subloop.
Nonrecurring Charges - One-time charges apply for specific
work activities associated with installation of each Subloop.
Intentionally Left Blank.
Additional Rate Elements for Detached Terminal Subloop Access:
Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of a Cross Connect Collocation upon
submission of the Collocation Application. The FCP Request Form shall not be
considered complete until complete payment is submitted to Qwest, as described
in Section 8.
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Any Remote Collocation associated with a FCP in which CLEC
will install equipment requiring power and/or heat dissipation shall be charged for
in accordance with the rate elements set forth in Section 8.
Subloop Nonrecurring Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal for each Subloop ordered by CLEC.
6.4 Additional Rate Elements for MTE Terminal Subloop Access
6.4.CLEC will be charged the Subloop MTE - POI Site Inventory
nonrecurring charge for Qwest to complete an inventory of CLEC's facilities
within the MTE such that Subloop orders can be submitted and processed.
6.4.CLEC will be charged the MTE - POI Rearrangement of
Facilities nonrecurring charge for Qwest to complete a rearrangement of facilities
to make room for an MTE for CLEC.
6.4.CLEC will be charged the MTE - POI Construction of New SPOI
nonrecurring charge for Qwest to construct a new MTE SPOI for CLEC.
Nonrecurring charges apply for conditioning for Distribution Subloop.
All miscellaneous services as described in Section 9.12 are available
with Subloop. Miscellaneous Charges apply for miscellaneous services.
Repair and Maintenance
Detached Terminal Subloop Access: Qwest will maintain all of its
facilities and equipment in the accessible terminal and CLEC will maintain all of its
facilities and equipment in the accessible terminal.
MTE Terminal Subloop Access: Qwest will maintain all of its facilities and
equipment in the MTE and CLEC will maintain all of its facilities and equipment in the
MTE.
Intentionally Left Blank
Network Interface Device (NID)
Description
The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest'
distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is
a single line termination device or that portion of a multiple line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop
facilities to on-premises wiring through Qwest's NID, or at any other Technically Feasible point.
The NID carries with it all features, functions and capabilities of the facilities used to connect the
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Loop distribution plant to the End User Customer s premises wiring, including access to the
Cross Connection field , regardless of the particular design of the NID mechanism. Although the
NID provides the connection to the End User Customer s premises wiring, it may not represent
the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends.
The NID contains a protective ground connection that protects the End User Customer s on-
premises wiring against lightning and other high voltage surges and is capable of terminating
media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the
existing drop and Qwest's NID, as well as any on premises wiring that Qwest owns or controls
will remain in place and continue to carry the signal over the End User Customer s on-premises
wiring to the End User Customer s equipment. Notwithstanding the foregoing, an Unbundled
Loop and any Subloop terminating at a NID shall include the existing drop and the functionality
of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer s on-premises inside wiring termination, and a modular plug which connects
the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
Smart NID - To the extent Qwest has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Qwest or any other provider, Qwest shall
provide unbundled access to such devices. Qwest shall also continue to allow CLEC , at
its option, to use all features and functionality of the Qwest NID including any protection
mechanisms , test capabilities , or any other capabilities now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility on
the NID.
3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
1.4 Intentionally Left Blank.
Terms and Conditions
CLEC may use the existing Qwest NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID , CLEC may connect its NID to the Qwest NID by
placing a cross connect between the two. When Provisioning a NID-to-NID connection
CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID, Qwest will perform the
replacement for the charge described in Section 9.1. If CLEC is a facilities-based
provider up to and including its NID, the Qwest facility currently in place, including the
NID , will remain in place.
Qwest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Qwest, without restriction. Where Qwest does not own or control
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the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
Qwest shall allow CLEC to use all features and functionality of
the Qwest NID including any protection mechanisms , test capabilities , or any
other capabilities now existing or as they may exist in the future.
Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer , either Party may remove the inside wire from the
NID and connect that wire to that Party s own NID. Future installation of Qwest
NIDs will be such that it will not unnecessarily impede access to the End User
Customer s wiring. 1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID
connections.
Upon CLEC request, Qwest will make other rearrangements to
the inside wire terminations or terminal enclosure. Charges will be assessed per
Section 9.3.4. No such charge shall be applicable if Qwest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without an End
User Customer s perceivable disruption in service. Qwest will not make any
rearrangements of wiring that is provided by another Carrier that relocates the
other Carrier s test access point without notifying the affeCted Carrier promptly
after such rearrangement if CLEC has properly labeled its cross connect wires.
Qwest will retain sole ownership of the Qwest NID and its contents on
Qwest's side. Qwest is not required to proactively conduct NID change-outs, on a wide
scale basis. At CLEC's request, Qwest will change the NID on an individual request
basis by CLEC and charges will be assessed per Section 9.5 except where Section
1 applies. Qwest is not required to inventory NID locations on behalf of CLEC.
When CLEC accesses a Qwest NID, it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross connect wires it uses to provide service. Qwest shall label its terminals when a
technician is dispatched.2.4 All services fed through a protector field in a Qwest NID located inside a
building will interface on an industry standard termination block and then extend , via a
Cross Connection to the End User Customer s in-premises wiring. All services fed
through a protector field in a Qwest NID that is attached to a building will interface on
industry standard lugs or a binding post type of termination and then extend, via a Cross
Connection, to the End User Customer s on-premises wiring.
If so requested by CLEC , Qwest shall allow CLEC to connect its Loops
directly to the protector field at Qwest NIDs that have unused protectors and are not
used by Qwest or any other Telecommunications Carrier to provide service to the
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premises. If CLEC accesses the Qwest protector field, it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases
CLEC shall only access a Qwest NID protector field in cable increments appropriate to
the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at
the MTE NID , additions must be in increments of twenty-five (25) additional metallicpairs. In all cases, Telecommunications cables entering a Qwest NID must be
. terminated in compliance with FCC 88-, section 315 of the National Electric Safety
Code and section 800.30 of the National Electric Code.
Rate Elements
Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing
NID, and Exhibit A also provides Miscellaneous Charges.
If CLEC requests the current simple NID be replaced with a different
simple NID , pursuant to Section 9., additional labor - other Miscellaneous Charges
will be assessed with CLEC paying only for the portion of the change-out that is specific
to and for the functionality that supports CLEC requirements.
Recurring rates apply for unbundled access to the protector field in a
Qwest NID , pursuant to Section 9.5. As of the Effective Date of this Agreement,
Qwest has not implemented charges for this recurring rate element, but reserves the
right to assess such a charge in the future.
When CLEC requests that Qwest perform the work to connect its NID to
the Qwest NID , the costs associated with Qwest performing such work will be charged to
CLEC as additional labor - other Miscellaneous Charges.3.4 When Qwest makes rearrangements to the inside wire terminations or
terminal enclosure , pursuant to Section 9., charges will be assessed as additional
labor - other Miscellaneous Charges.
CLEC will be charged for any change out Qwest performs pursuant to
Section 9.2. CLEC will be billed only for the portion of the change out that is specific
. to CLEC's request for modified/additional capacity. Charges will be assessed
additional labor - other Miscellaneous Charges.
Ordering Process
5.4.Intentionally Left Blank.
5.4.CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by Qwest. CLEC shall tag its jumper wire.
5.4.When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID CLEC shall submit a LSR for
connection to the NID. Qwest shall notify CLEC, within ten (10) business days, if
the connection is not Technically Feasible. In such cases, Qwest shall inform
CLEC of the basis for its claim of technical infeasibility and , at the same time
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identify all alternative points of connection that Qwest would support. CLEC shall
have the option of employing the alternative terminal or disputing the claim of
technical infeasibility pursuant to the Dispute Resolution provisions of this
Agreement. No additional verification is needed by Qwest and CLEC shall tag its
jumper wire.
5.4.Subject to the terms of Section 9.5.4.2 , CLEC may perform a NID-to-NID
connection , according to Section 9., and access the End User Customer field of the
NID without notice to Qwest. CLEC may access the protector field of the NID by
submitting a LSR.
Maintenance and Repair
If Qwest is dispatched to an End User Customer location on a
maintenance issue and finds the NID to be defective, Qwest will replace the defective
element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and
lines have been removed from the protector field or damaged by CLEC , CLEC will be
responsible for all costs associated with returning the facilities and lines back to their
original state. This work is billed to CLEC as additional labor - other Miscellaneous
Charges. Maintenance and Repair processes are contained in the Access to OSS
Section of this Agreement.
Unbundled Dedicated Interoffice Transport (UDlT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
Description
Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element of a single transmission path between Qwest Wire Centers in the
same LATA and state. A UDIT provides a path between one (1) CLEC's Collocation in
one (1) Qwest Wire Center and a different CLEC's Collocation in another Qwest WireCenter. UDIT is a distance-sensitive flat-rated bandwidth-specific interoffice
transmission path designed to a DSX in each Qwest Wire Center. UDIT is available in
DSO through DS3 bandwidths. CLEC can assign channels and transport its choice of
voice or data. Specifications , interfaces and parameters are described in Qwest
Technical Publication 77389.
Intentionally Left Blank.
Intentionally Left Blank.
Terms and Conditions
Intentionally Left Blank.
Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tier" classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
Tier 1 Wire Centers. As such, Qwest must unbundle DS1 transport if a Wire
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Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
On Routes for which no unbundling obligation for DS3
dedicated transport circuits exists but for which DS1 dedicated transport
is available on an unbundled basis , CLEC may obtain a maximum of ten
(10) unbundled DS1 dedicated transport circuits.
Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where , through application of "Tier" classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
either Tier 1 or Tier 2 Wire Centers. As such , Qwest must unbundle DS3
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire
Center.
CLEC may obtain a maximum of twelve (12)
unbundled DS3 dedicated transport circuits on each Route where DS3
dedicated transport is available on an unbundled basis.
Qwest shall make available to CLEC a list of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.0.4 All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.9 of this Agreement.
All services provided in this Section 9., when combined with
high capacity Loops, are subject to the Service Eligibility Criteria as provided in
Section 9.10 of this Agreement.
To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs , Qwest will perform requested and
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End User Customers or for itself. If not ordered as a
combination, CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancillary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLEC orders
a continuous UDIT element from one point to another.
Intentionally Left Blank.
With the exception of combinations provided through the UNE
Combinations Section 9., CLEC may utilize any form of Collocation at both ends of the
UDIT. Qwest's design will ensure the cable between the Qwest-provided active elements
and the DSX will meet the proper signal level requirements. Channel regeneration will not
be charged for separately for Interconnection between a Collocation space and Qwest'
network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital
Hierarchy - Electrical Interface; Annex 8."
2.4 Intentionally Left Blank.
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Upon CLEC request, Qwest will convert special access or private line
circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving
Wire Center.
Rate Elements
Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous
Charges.
DS1 UDIT includes the following rate elements:a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Qwest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating Qwest Wire Centers.
Intentionally Left Blank.d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS 1 service.
Intentionally Left Blank.
DS3 UDIT includes the following rate elements:a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides an interoffice transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating Qwest Wire Centers.
Intentionally Left Blank.d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
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Intentionally Left Blank.
DSO UDIT includes the following rate elements:a) DSO Transport Termination (Fixed). This recurring rate element
provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile
rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile). This recurring rate element
provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a
mileage sensitive element based on the V&H coordinates of the DSO UDIT. The
mileage is calculated between the originating and terminating Qwest Wire
Centers.c) DSO Nonrecurring Charges. One-time charges apply for specific work
activity associated with installation of the DSO service.d) Low Side Channelization. Recurring charges apply for low side
multiplexed channel cards and settings at each end of the DSO UDIT.
3.4 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Nonrecurring charges apply for rearrangements of UDIT.
Intentionally Left Blank.
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The following miscellaneous services, as described in Section 9., are
available with UDIT. Miscellaneous Charges apply for miscellaneous services.
Additional labor - other
Cancellation
Design Change
Dispatch
Expedite
Maintenance of Service10 A nonrecurring charge is applied to the conversion of an existing private
line/special access circuit to UDIT.
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Ordering Process
6.4.Ordering processes and installation intervals are as follows:
6.4.UDIT is order~d via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of. this
Agreement.
6.4.Intentionally Left Blank.
6.4.The interval will start when Qwest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval will begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C , Section 2.0 of this
Agreement.
6.4.1.4 Intentionally Left Blank.
6.4.An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations except when:a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notified by Qwest that such Due Date will be
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
6.4.Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
6.4.UDIT is ordered with basic installation. Qwest will install the UDIT
extending connections to CLEC Demarcation Point and will notify CLEC when the work
activity is complete.
6.4.Intentionally Left Blank.
6.4.4 Intentionally Left Blank.
6.4.Qwest will perform industry standard tests, set forth in Technical
Publication 77389, when installing UDIT service.
6.4.To convert an existing private line/special access circuit to UDIT, CLEC
must submit two (2) ASRs to change the circuit identification , Network Channel Interface
Code (NCI) and billing.
6.4.CLEC will submit an Access Service Request (ASR) for rearrangement
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including appropriate termination information (e., Connecting Facility Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
Maintenance and Repair
The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
Rearrangement
CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options.
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
rearrangements are used to change options or movement of terminations in two (2) Wire
Centers. Rearrangement is only available for in-place and working UDITs.
The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
CLEC will submit an ASR. with the rearrange USOC and appropriate
termination information (e., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
Unbundled Dark Fiber
Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffice transmission facilities.
Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within Qwest's network within the sam~ LATA or state. UDF exists in two (2)
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include
all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under
agreements with any other party affiliated or not, that do not prohibit Qwest's ability to provide
access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities
owned by Qwest, but will include in place and easily called into service facilities to which Qwest
has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right
to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner
that is inconsistent with the restrictions and other terms and conditions that apply to Qwest'
access; however, in the case of access obtained from an Affiliate: (a) the actual practice and
custom as between Qwest and the Affiliate shall apply, in the event that it provides broader
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access than does any documented agreement that may exist, and (b) any terms restricting access
by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions
imposed by any agreement with a third party from whom the Affiliate has gained rights of access)
shall not be applied to restrict CLEC access.
Terms and Conditions
Qwest shall unbundle dark fiber transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications described in Section 4
of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire
Centers. As such , Qwest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
Qwest shall make a list available to CLEC of those Wire Centers
that satisfy the above criteria and update that list as additional Wire Centers meet
these criteria.
Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. Qwest will provide UDF of substantially the same quality
as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
Qwest provides access to unbundled Dark Fiber at:
22.1 Accessible terminations such as fiber distribution panels.
A point of technically feasible access is any point in Qwest's
outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in t~e MTE premises. Such points include, but
are not limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection, and the feeder/distribution
interface.
Intentionally Left Blank.
Qwest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber at both ends, provided
that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will
follow the requirements of Section 9.19 in deciding whether or not to build the facilities
for CLEC.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one
(1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of available
Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable
segment over a twelve (12) month period. Before CLEC may order additional UDF on
such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each
C?able segment. Efficient use of interoffice cable segments is defined as providing a
minimum of OC-12 termination on each fiber pair. Efficient use of UDF MTE Subloop
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fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC
may designate five percent (5%) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
Qwest shall not have an obligation to unbundle Dark Fiber in the following
circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwest's own use. Qwest
shall not reserve more than five percent (5%) of the fibers in a sheath , or two (2)
strands , whichever is greater, for maintenance or maintenance spare for Qwest'
own use.b) Qwest will not be required to unbundle Dark Fiber if Qwest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) Days of denying CLEC'
request (by written notice) to unbundle Dark Fiber where such fiber is available.
In this proceeding, Qwest shall not object to using the most expeditious
procedure available under state law, rule or regulation. Qwest shall be relieved
of its unbundling obligations, related to the specific Dark Fiber at issue, pending
the proceeding before the Commission. If Qwest fails to initiate such pending
proceeding within such seven (7) Day period , CLEC's request to unbundle Dark
Fiber shall be reinstated and the ordering and Provisioning processes of Section
3 shall continue.
Intentionally Left Blank.
7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwest's Technical Publication 77383.
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
7.2.Intentionally Left Blank.10 Upon thirty (30) Days notification to CLEC, Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission , including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
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7.2.Intentionally Left Blank.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.13 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the
responsibility of CLEC.
Intentionally Left Blank.
15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.17 Qwest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the
date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one (1) termination point of the
UDF, and CLEC shall furnish light generating equipment at the other termination point of
the UDF as described below:
17.CLEC may identify on its order the Wire Center at which Qwest
must provide a light detector and the Wire Center at which CLEC will provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC
will provide the light generating equipment.
7.2.17.Intentionally Left Blank.
17.Intentionally Left Blank.
18 If, within ten (10) Days of the date Qwest provisioned an order for UDF
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of a CLEC disconnect order, Qwest will refund the nonrecurring charges
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associated with the Provisioning excluding IRI , FVQP and Field Verification and will
discontinue all recurring charges.
Intentionally Left Blank.
Intentionally Left Blank.
Ordering Processes
Ordering processes and installation intervals are as follows:
The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF.
CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
Qwest will notify CLEC, within the interval set forth in Exhibit C
of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is
not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC'
request pursuant to Section 9.5(b). Qwest shall provide written notice of
denials pursuant to (iii) above.
If there is UDF available, the UDF simple inquiry response and
the complex inquiry response will contain up to five (5) available UDF routes
between the CLEC-specified end locations. If additional routes are available
Qwest will notify CLEC that such additional routes exist and negotiate how that
additional information will be made available.
CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA - Connecting Facility Assignment)
for its network Demarcation Points in each Qwest Wire Center where the UDF
terminates prior to placing an order for UDF. When preliminary APOT has been
established and delivered to CLEC , Qwest can begin processing the UDF Provisioning
order upon receipt of the UDF Provisioning request. If the preliminary APOT address is
changed by CLEC , anew Provisioning time line for UDF must be established.
Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible.
access is not Technically Feasible on the MTE Premises, then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. Qwest will prepare and submit to CLEC a quotation along with
the original Field Verification Quote Preparation form (FVQP) within the interval
set forth in Exhibit C. Quotations are on an Individual Case Basis (ICB) and will
include costs and an interval in accordance with Exhibit C.
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3.2 Intentionally Left Blank.
Termination at Qwest Wire Center. If spare fiber is available
and CLEC chooses to proceed , and the request is for UDF terminations at a
Qwest Wire Center, Qwest will begin the Provisioning process upon notification
from CLEC to proceed and the receipt of fifty percent (50%) of the nonrecurring
charges. The notification to proceed is accomplished by completing, signing and
returning the original inquiry request to the account manager. Provisioning
intervals for this type of request are set forth in Exhibit C. CLEC will be notified
that Provisioning is complete and the remaining nonrecurring charges and
associated recurring charges will be billed.
3.4 An order may be canceled any time up to and including the Service Date.
CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space , CLEC must place an inquiry pursuant to Section 9.1 of this
Agreement and receive a UDF inquiry response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a field verification
that the route to be reserved is available. If CLEC does not obtain a field verification
CLEC assumes the risk that records upon which the UDF inquiry response is based may
be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days. CLEC
may extend or renew reservations if there is delay in completion of the Collocation build.
All applicable UDF recurring charges specified in Section 9.2 will be assessed at the
commencement of the reservation. Nonrecurring charges for Provisioning and cross
connects will be assessed at the time of installation.
Maintenance and Repair
7.4.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
7.4.If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest
UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs, then it, upon receipt of a CLEC disconnect order
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
5 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides
Miscellaneous Charges.
Dark Fiber includes the following rate elements:
Initial Records Inquiry (IRI). This rate element is a pre-order
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work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) Qwest Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than Qwest Wire Centers. Qwest will prepare a
quotation which will explain what work activities, timeframes, and additional
costs, including recurring and non-recurring costs , are associated with providing
access to this FDP location. This quotation will be good for thirty (30) Days. The
FVQP is not necessary when the request is between Qwest Wire Centers (i.e.
simple IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF
that has been reserved after a Field Verification has been performed, then the
charge for FVQP will be reduced by the amount of the Engineering Verification
charge assessed in the context of the reservation.c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
5.2.Unbundled Dark Fiber - Single Strand - IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffice
FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply
per cross connect provided on the facility. Termination charges apply for
each intermediate office terminating at an FDP or like cross connect
point.
b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This
recurring rate element applies per strand. This rate element provides a
transmission path between Qwest Wire Centers. This rate element is
mileage sensitive based on the route miles of the UDF rounded up to the
next mile.
c) UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC'
order for UDF-IOF.
Intentionally Left Blank
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Intentionally Left Blank
2.4
Per Order
Unbundled Dark Fiber - Order Charge , First Strand/Route
5.2.4.This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location.
Unbundled Dark Fiber- Order Charge , Each Additional
Strand/Route, Per Order
This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request.
Unbundled Dark Fiber per Pair - IOF Rate Elements
1 UDF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination at the
interoffice FDP within the Qwest Wire Center. Two UDF-IOF terminations
apply per pair at each end of the facility. Termination charges apply for
each intermediate Central Office terminating at an FDP or like cross
connect point.
2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurring component and applies per pair. This rate
element provides a transmission path between Qwest Wire Centers. The
recurring component of this rate element is mileage sensitive based on
the route miles of the UDF rounded up to the next mile.
UDF-IOF Fiber Cross Connect Rate Element
This rate element has both a recurring and nonrecurring
component and is used to extend the optical connection from the IOF
FDP to CLEC's optical Demarcation Point. A minimum of two (2) UDF-
IOF fiber cross connects apply per pair. Cross connect charges apply for
each intermediate Central Office terminating at an FDP or like cross
connect point. The nonrecurring rate will not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF.
Order
Unbundled Dark Fiber - Order Charge, First Pair/Route, Per
This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location.
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Unbundled Dark Fiber - Order Charge, Each Additional
Pair/Route, Per Order, Per Location , Per Request
This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location or
subsequent locations for CLEC.
Unbundled Dark Fiber Splice
10.This rate element is the nonrecurring charge assessed for
the splice location , if required, to make the UDF MTE subloop accessible.
This rate element is for the work performed at the accessible first
manhole or splicing location associated with an UDF MTE subloop order.
5.2.Unbundled Dark Fiber MTE Subloop
11.This rate element includes recurring and
nonrecurring charges assessed for the UDF MTE subloop and it is ICB
(Individual Case Basis).12 Miscellaneous Services. The following miscellaneous services
as described in Section 9., are available with Dark Fiber. Miscellaneous
Charges apply for miscellaneous services.
Cancellation
Dispatch
c) Maintenance of Service
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18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and , where appropriate, development of
. additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
Construction Charges
Qwest will assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Qwest will conduct an individual fillancial assessment of any request that
requires construction of network capacity, facilities , or space for access to or use of UNEs.
When Qwest constructs to fulfill CLEC's request for UNEs , Qwest will bid this construction on a
case-by-case basis. Qwest will charge for the construction through nonrecurring charges as
described in this Section 9.19. When CLEC orders the same or substantially similar service
available to Qwest End User Customers, nothing in this Section shall be interpreted to authorize
Qwest to charge CLEC for special construction where such charges are not provided for in a
Tariff or where such charges would not be applied to a Qwest End User Customer.
19.Qwest reserves the right to determine if Qwest will undertake requested
construction. Some circumstances under which Qwest will reject a construction request include
but are not limited to, if it is determined that the requested element will jeopardize the reliability
of Qwest's existing network, endanger Qwest's employees or consumers, is not consistent with
the National Electrical Code (NEC), or does not meet Network Equipment Building Standards
(NEBS) requirements. If Qwest agrees to construct a network element, the following will apply.
19.CLEC may request that Qwest construct new facilities for use in providing
services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested
Unbundled Network Elements Construction (CRUNEC) method. CRUNEC is not required for
requests that can be resolved through facility work or assignments. CRUNEC is not available
for requests for facilities that are not offered as UNEs. Qwest'CRUNEC applies to the
following Wholesale products and services:
Enhanced Extended Loop (EEL)
Unbundled Subloop
Unbundled Dark Fiber (UDF)
Unbundled Dedicated Interoffice Transport (UDIT)
Unbundled Local Loop
19.To make a request for construction of facilities
CRUNEC request by contacting the Qwest service manager.
CLEC must submit a
19.Rates for CRUNEC
19.A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring
charge assessed prior to preparation of a Records Quotation, which is a high level
overview and estimate of the cost of construction. This construction estimate is based
on records only and is not binding on Qwest. Credit in the amount of the RQPF will be
applied to the Construction Quote Preparation Fee that is described below.
19.The Construction Quote Preparation Fee (CQPF) is a nonrecurring
charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC
quotation provides the amount CLEC will pay should it agree to pursue construction.
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Credit in the amount of the CQPF will be applied to the cost of construction if CLEC
accepts the quoted CRUNEC price and agrees to pursue construction.
19.32.CLEC may choose to first receive a Records Quotation, or may
choose to forego the Records Quotation and pay the CQPF for the CRUNEC
quotation, at any time after receiving notification that facilities are not available to
complete a service request.
19.Qwest will retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction , Qwest will refund the Construction payment
excluding expenditures already incurred by Qwest for work completed (including work
Engineered , Furnished and/or Installed (EF&I)). Qwest will provide a brief description of
work completed.
19.EF&I is defined as:
Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
Furnished material cost
Installation labor costs to complete the work order
19.3.4 The amount of the CRUNEC quotation is determined using the same
financial analysis criteria, and costs to recover for EF&I , that Qwest uses to assess
whether to build the equivalent facilities for itself.
19.Rates are included in Exhibit A to this Agreement.
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Unbundled Network Element Combinations
23.General Terms
23.Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to , Enhanced
Extended Loop (EEL), according to the following terms and conditions.
923.12 Qwest will offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest will make
available any other form of access requested by CLEC thC)t is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
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functionality as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combinations accessed by CLEC , except as specified in this Agreement or required byExisting Rules.
23.Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Qwest is required to unbundle and/or provide in a UNE Combination , shall be
incorporated into this Agreement 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, or the Bona Fide Request process, 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.
23.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 Connecting
Facility Assignment (CFA) 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 access services. All requests
for combinations and Commingling will be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
with another UNE provided by Qwest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwest's Directory Assistance and operatorservices platforms.
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23.When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional , such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
23.1.4 When ordered in combination , Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwest's network, provided that facilities are available.
23.When ordered in combination, Qwest will combine for CLEC UNEs that
are not ordinarily combined in Qwest's network, provided that facilities are available and
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such combination:
23.Is Technically Feasible;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.Would not impair Qwest's use of its network.
23.When ordered in combination, Qwest will combine CLEC UNEs with
Qwest UNEs , provided that facilities are available and such combination:
9.23.Is Technically Feasible;
23.Shall be performed in a manner that provides Qwest access to
necessary facilities;
23.Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwest's network; and
23.6.4 Would not impair Qwest's use of its network.
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23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: EEL
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination , CLEC may request access through the Special Request Process set forth in this
Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement
without requiring an amendment to this Agreement, provided that all of the UNEs included in the
combination request, and their associated Billing rate elements are contained in this Agreement.
If Qwest develops additional UNE Combination products CLEC can order such products
without using the Special Request Process , but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
23.3 Terms and Conditions
23.Qwest shall provide non-discriminatory access to UNE Combinations on
rates , terms and conditions that are non-discriminatory, just and reasonable. The quality
of a UNE Combination Qwest provides , as well as the access provided to that UNE
Combination , will be equal between all Carriers requesting access to that UNE
Combination; and, where Technically Feasible, the access and UNE Combination
provided by Qwest will be provided in "substantially the same. time and manner" to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
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23.Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.
23.Service Eligibility Criteria in Section 9.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibility Criteria in Section 9.10.
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23.7.2.
23.7.2.
23.
23.2.4
23.
23.
23.
23.7.2.
23.
23.
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23.11 CLEC .may request the conversion of an existing
private line/special access service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
1. Qwest will provide CLEC with conversions to EELs according to
the standard intervals set forth in Exhibit C. Work performed by Qwest to
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provide Commingled EELs at CLEC's request or to provide services that
are not subject to standard provisioning intervals will not be subject
performance measures and remedies, if any, contained in this Agreement
or elsewhere , by virtue of that service inclusion in a requested
Commingled EEL .service arrangement. Provisioning intervals applicable
to services included in 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 provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
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23.12 EEL is a combination of Loop and dedicated
interoffice transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
23.12.Terms and Conditions
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23.12.One (1) end of the interoffice facility of a
high capacity EEL must originate at a CLEC Collocation in a Wire
Center other than the Serving Wire Center of the Loop.
23.12.4 EEL combinations consist of Loops and
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from a CLEC
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist of
Loops and interoffice transport of different bandwidths(multiplexed EEL).
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23.12.Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
add ress: http://www.qwest.com/carrier/guides/sig/index.htmi.
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23.12.EEL is available only where existing
facilities are available.
23.12.Rearrangements may be requested for
work to be performed by Qwest on an existing EEL, or on some
private line/special access circuits, when coupled with a
conversion-as-specified request to convert to EEL.
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23.Ordering
23.Intentionally Left Blank.
23.CLEC will submit EEL orders using the LSR process.
23.Qwest will install the appropriate channel card based on the
DSO EEL Loop LSR order and apply the charges.
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23.One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
23.Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of Qwest's standard installation
hours. This permits CLEC to obtain a coordinated installation for EEL where
CLEC requests work to be performed outside of Qwest's standard installation
hours. For purposes of this Section, Qwest's standard installation hours are 8:00
m. to 5:00 p.m. (local time). Monday through Friday, excluding holidays.
Installations commencing outside of these hours are considered to be out of
hours project coordinated installations.
23.The date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
between Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwest's ability to meet a
reasonable demand. Considerations such as volumes, system down
time, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch
(Switch contention) must be reviewed.
23.To request out of hours project coordinated
installations , CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in the "remarks" section of the LSR.
23.Rate Elements
Exhibit A provides recurring and nonrecurring rates for EEL and also provides
Miscellaneous Charges.
23.EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO, DS1 , and DS3 bandwidths. Recurring and nonrecurring
charges apply.
23.EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Qwest Wire Centers. EEL Transport is available in
DSO, DS1 , and DS3 bandwidths. Recurring charges apply.
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23.EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges apply.
23.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop.
Channel Cards are available for Analog Loop Start, Ground Start, ReverseBattery, and No Signaling.
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23.Rearrangements. Nonrecurring charges apply for work
performed by Qwest on an existing EEL or on private line/special access circuits
when coupled with a conversion-as-specified request to convert to EEL.
9.23.Nonrecurring charges apply for conversions of private
line/Special Access to EEL.
23.Miscellaneous Charges. The following miscellaneous services
as described in Section 9., are available with EEL. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours , in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for optional
testing
Cancellation
Design change
Dispatch
Expedite
Maintenance of Service
23.10 CLEC may request access to and, where appropriate, development of
additional UNE Combinations. For UNEs Qwest currently combines in its network
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
Qwest does not currently combine , CLEC must use the Bona Fide Request Process
(BFR). In its BFR or SRP request, CLEC must identify the specific combination of
UNEs, identifying each individual UNE by name as described in this Agreement.
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23.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
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minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services will not be delayed due to the
applicability of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
23.13 For installation of new UNE Combinations, CLEC will not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
23.Intentionally Left Blank.
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23.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason , CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User Customers. Qwest shall
only be required to notify CLEC of Qwest's termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
23.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs , including without limitation , sales , service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest will be instructed to contact CLEC, and Qwest's End User Customers contacting
CLEC will be instructed to contact Qwest. 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 Qwest or CLEC from discussing its products and services with CLEC's or
Qwest's End User Customers who call the other Party seeking such information.
23.4 Rates and Charges
23.4.The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
, and Exhibit A also provides Miscellaneous Charges.
23.4.Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered.
23.4.Nonrecurring charges , if any, will apply based upon the cost to
Qwest of Provisioning the UNE Combination and providing access to the UNE
Combination.
23.4.Miscellaneous Charges will apply based upon Qwest providing
miscellaneous services, if made available, with UNE combinations.
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23.4.If the Commission takes any action to adjust the rates previously ordered
Qwest will make . a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Qwest, the Parties will abide by the adjusted rates on a
going-forward basis, or as ordered by the Commission.
23.4.CLEC shall be responsible for Billing its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
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23.4.Qwest shall have a reasonable amount of time to implement system or
other changes necessary to bill CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
23.5 Ordering Process
23.UNE Combinations and associated products and services are ordered via
anLSR or ASR, as appropriate. Ordering processes are contained in this Agreement
and in the PCAT. The following is a high-level description of the ordering process:
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23.Step
representative.
Complete product questionnaire with account team
23.1.4 Step 2: Obtain Billing Account Number (BAN) through account
team representative.
23.Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Qwest Billing system.
23.Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
23.Additional information regarding the ordering processes are
located at: http://www.qwest.com/wholesale/solutions/clecFacility/une - c. html.
23.Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
23.Standard service intervals for each EEL are set forth in Exhibit C. For
UNE Combinations with appropriate retail analogues, CLEC and Qwest will use the
standard Provisioning interval for the equivalent retail service. CLEC and Qwest can
separately agree to Due Dates other than the standard interval.
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23.5.4 Due Date intervals are established when Qwest receives a complete and
accurate Local Service Request (LSR) or Access Service Request (ASR) made through
the IMA, EDI or Exact interfaces or through facsimile. For EEL, the date the LSR or
ASR is received is considered the start of the service interval if the order is received on a
business day prior to 3:00 m. For EEL, the service interval will begin on the next
business day for service requests received on a non-business day or after 3:00 m. on
a business day. Business days exclude Saturdays, Sundays , New Year s Day, Memorial
Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day.
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9.23.For EEL, CLEC shall provide Qwest and Qwest shall provide CLEC with
points of contact for order entry, problem resolution, repair, and in the event special
attention is required on service request.
23.6 Billing
23.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, Billing information including (1) a summary bill , and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
23.7 Maintenance and Repair
23.Qwest will maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other
than by connection or disconnection to any interface between Qwest and the End User
Customer, without the written consent of Qwest.
23.8 Loop-Mux Combination (LMC)
23.Description
23.Loop-mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 of this Agreement (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same Qwest Wire Center.
23.LMC provides CLEC with the ability to access End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between
the multiplexer and CLEC's Collocation.
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23.Qwest offers the LMC Loop as a billing conversion or as new
provisioning.
23.Terms and Conditions
23.An Extended Enhanced Loop (EEL) may be commingled with the
PL T/SA multiplexed facility.
23.
available.
LMC Loops will be provisioned where existing facilities are
23.
Collocation.
The PL T/SA DS1 or DS3 multiplexed facility must terminate in
23.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and billing) of the appropriate Tariff.
23.The multiplexer and the Collocation must be located in the same
Qwest Wire Center.
23.Rearrangements may be requested for work to be performed by
Qwest on an existing LMC Loop, or on some private line/special access circuits
when coupled with a conversion-as-specified request to convert to LMC Loop.
23.Rate Elements
Exhibit A provides recurring and nonrecurring rates for LMC and also provides
Miscellaneous Charges.
23.The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-recurring charges apply.
23.DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges.
23.Nonrecurring charges apply for billing conversions to LMC Loop.
23.3.4 Nonrecurring charges apply for rearrangements of an existing
LMC Loop, or on some private line/special access circuits, when coupled with a
conversion-as-specified request to convert to LMC Loop.
23.Nonrecurring charges apply for conversions of private
line/Special Access to LMC.
23.Miscellaneous Charges. The following miscellaneous services
as described in Section 9., are available with LMC. Miscellaneous Charges
apply for miscellaneous services.
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a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for optional
testing
Cancellation
Design change
Dispatch
Expedite
Maintenance of Service
23.8.4 Ordering Process
23.8.4.Ordering processes for LMC Loop(s) are contained in this
Agreement and in Qwest's Product Catalog (PCA T). The following is a high-level
description of the ordering process:
23.8.4.Step 1: Complete product questionnaire for LMC Loop(s)
with account team representative.
23.8.4.Step 2: Obtain billing account number (BAN) through
account team representative.
23.8.4.Step 3: Allow two (2) to three (3) weeks from Qwest's
receipt of a completed questionnaire for accurate loading of LMC rates tothe Qwest billing system.
23.8.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
23.8.4.Prior to placing an order on behalf of each End User Customer
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
9.23.8.4.Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at www.qwest.com/whoiesale.
23.8.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops , the date the LSR is received is considered the start of
the service interval if the order is received on a business Day prior to 3:00 p.
For LMC Loops, the service interval will begin on the next business Day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business Days exclude Saturdays, Sundays, New Year s Day,
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Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
23.8.4.Out of Hours Project Coordinated Installations: CLEC may
request an out of hours project coordinated Installation. This permits CLEC to
obtain a coordinated installation for LMC Loops with installation work performed
by Qwest outside of Qwest's standard installation hours. For purposes of this
Section , Qwest's standard installation hours are 8:00 a.m. to 5:00 p.m. (local
time), Monday through Friday, except holidays. Installations commencing
outside of these hours are considered to be out of hours project coordinated
installations.
23.8.4.The date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
between Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwest's ability to meet a
reasonable demand. Considerations such as volumes , system down
time , Switch upgrades, Switch maintenance , and the possibility of other
CLECs requesting the same appointment times in the same Switch
(Switch contention) must be reviewed.
23.8.4.To request out of hours project coordinated
installations, CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in the "remarks" section of the LSR.
23.Billing
23.Qwest shall provide CLEC , on a monthly basis, within seven to ten
(7 to 10) Days of the last day of the most recent billing period , in an agreed upon
standard electronic billing format, billing information including (1) a summary bill
and (2) individual End User Customer sub-account information.
23.Maintenance and Repair
23.Qwest will maintain facilities and equipment for LMC Loops
provided under this Agreement. Qwest will maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange,
move , disconnect or attempt to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest and the End User
Customer, without the prior written consent of Qwest.
Loop Splitting
24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provided
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffic and allows the
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copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" will herein be referred to as the voice service
provider while "DLEC" will be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity.
24.With regard to Qwest's current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop.
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Qwest will amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
24.2 Terms and Conditions
24.General
24.Qwest is not responsible for providing the Splitter, filter(s) and/or
other equipment necessary for the End User Customer to receive separate voice
and data service across a single copper Loop.
24.To order Loop Splitting, CLEC/DLEC must have a Splitter
installed in the Qwest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Office equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
24.There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop or ADSL compatible Loop.
24.1.4.The Customer of Record will be able to request
conditioning of the Unbundled Loop. Qwest will perform requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2 of this Agreement.
24.1.4.If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it
unacceptable to CLEC, Customer of Record shall pay to convert back to
an analog Loop.
24.Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of this Agreement. Under
either option, Splitters will be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, Qwest shall use the
same length of tie pairs as it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection , which required for Loop Splitting.
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24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
24.Recurring Rates
24.Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
24.OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
24.Nonrecurring Rates
24.Basic Installation Charge - nonrecurring charge for Loop
Splitting installed will apply.
24.Miscellaneous Charges. All miscellaneous services as described
Section 9.12 are available with Subloop. Miscellaneous Charges apply for
miscellaneous services.
24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement.
24.All of these rates are interim and will be subject to true-up based on either
mutually agreed permanent rates o"r permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A will
be changed to reflect the interim rates set by the Commission; however, no true up will
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
24.4 Ordering Process
24.4.Loop Splitting
24.4.As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section. The Customer of Record will determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
24.4.The Customer of Record will provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest will
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
24.4.Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach , a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
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24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center
including, but not limited to , Splitter installation and tie cable reclassification or
augmentation has been completed;
9.24.4.The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
24.4.If the voice service is disconnected on a Loop Splitting
arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
24.Billing
24.Qwest shall provide a bill to the Customer of Record , 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.
24.Qwest shall bill the Customer of Record for all recurring and nonrecurring
Loop Splitting rate elements.
24.Repair and Maintenance
24.Qwest will allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the Splitter.
24.The Customer of Record will be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each will be responsible for maintaining its equipment. The entity that
controls the Splitters will be responsible for their maintenance.
24.3 Qwest, CLEC and DLEC will continue to develop repair and maintenance
procedures for Loop Splitting and agree to document final agreed to procedures in a
methods and procedures document that will be made available on Qwest's web site.
24.Customer of Record and Authorized Agents
24.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. Qwest will bill the Customer of Record for Loop Splitting. The
Customer of Record may designate an authorized agent pursuant to the terms of
sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair
functions.
24.In order for the authorized agent of the Customer of Record to perform
ordering and/or Maintenance and Repair functions, the Customer of Record must
provide its authorized agent the necessary access and security devices, including but
not limited to user identifications, digital certificates and SecurlD cards, that will allow the
authorized agent to access the records of the Customer of Record. Such access will be
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managed by the Customer of Record.
24.The Customer of Record shall hold Qwest harmless with regard to any
harm Customer of Record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other Person who
has obtained from the Customer of Record the necessary access and security devices
including but not limited to user identifications, digital certificates and SecurlD cards, that
allow such Person to access the records of the Customer of Record unless such access
and security devices were wrongfully obtained by such Person through the willful or
negligent behavior of Qwest.
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Section 10.0 - ANCILLARY SERVICES
10.Interim Number Portability
10.1 Description
10.Interim Number Portability (INP) service is an arrangement that allows an
End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest.
For the purposes of this section, the Party porting traffic to the other Party shall be
referred to as the "INP provider" and the Party receiving INP traffic for termination shall
be referred to as the "INP Requestor.
10.INP applies to those situations where an End User Customer elects to
transfer to a New Service Provider and such End User Customer also wishes to retain its
existing telephone number. INP consists of INP Provider provision to the INP
Requestor the capability to route calls placed to telephone numbers assigned to the INP
Provider s Switches to the INP Requestor s Switches. INP is available only for working
telephone numbers assigned to the INP Provider s End User Customers who request to
transfer to the INP Requestor s service. Local Interconnect Service (LIS) is required for
INP.
10.INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an End Office Switch or through a Tandem Switch
also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local
Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX)
to CLEC's Switch if the NXX Code is used solely for one (1) End User Customer.
10.1.4 Remote Call Forwarding (RCF)
10.1.4.RCF permits a call to an INP Provider s assigned telephone
number to be translated to the INP Requestor s dialable local telephone number.
With the RCF solution, a permanent RCF is established in Qwest's Switch
forwarding any incoming call to the telephone number assigned and maintained
in CLEC's Switch.
10.1.4.INP via RCF also requires office equipment (OE), on a per
telephone number basis. The INP Requestor will need to provide a forecast of
deployment sites and estimated quantities of ported telephone numbers to assist
in an assessment of available porting methods. Each request for INP via RCF
will be analyzed by the Infrastructure Availability Center, lAC, to determine if OE
is available.
10.Direct Inward Dialing (DID)
DID permits incoming calls to be ported to the INP Requestor s Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic
between Qwest's End Office Switch and CLEC's End Office Switch. The traffic on these
trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID is
limited to multi-frequency (MF). This precludes passing the Calling Line ID to CLEC'
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End Office Switch. With DID , because there is no SS7 capability, there are CLASS
feature limitations. For DID, the INP Provider will deliver the dialed telephone number to
the INP Requestor s Central Office.
10.Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor s End Office Switch via a
route index. A permanent route index is assigned to the Elld User Customer s ported
telephone number in the INP Provider s End Office Switch. The INP Provider will deliver
the dialed seven digit telephone number to the INP requestor s Central Office. INP
Requestor may terminate the call as desired. Additional capacity for simultaneous call
forwarding is available where Technically Feasible. The INP Requestor will need to
specify the number of simultaneous calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to
establish technical requirements for routing the ported calls.
10.2 Terms and Conditions
10.Qwest and CLEC will provide INP service in a non-discriminatory manner
and with as little impairment of functioning, quality, reliability and convenience
possible.
10.Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.The Parties shall provide INP on a reciprocal basis to each other to the
extent Technically Feasible , and in accordance with rules and regulations as, from time
to time , prescribed by the FCC and/or the Commission.
10.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission, the Parties agree to provide INP to each other through
RCF , DID, DNRI and NXX migration. Local Interconnect Service (LIS) is required for
INP.
10.Once Local Number Portability has been implemented within a Wire
Center, INP will no longer be available for ordering within that Wire Center.
10.Upon LNP implementation, the INP offerings will be withdrawn subject to
advance notice to the other Party. Both Parties will conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.The INP Requestor s designated INP End Office Switch must return
answer and disconnect supervision to the INP Provider s End Office Switch.
10.8 . The INP Requestor will provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned, ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibility of the INP Requestor. For
consistency in administration , the INP Requestor shall enter into a separate agreement
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with the E911 database provider.
10.Qwest will update its Line Information Database (LID B) listings for ported
telephone numbers as directed by CLEC. Qwest will restrict or cancel calling cards
associated with these ported telephone numbers. LlDB updates shall be completed by
the Parties on the same business day each INP arrangement is activated.
10.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor s End User Customers located within the INP Provider s Local Calling
Area and toll rating area that is associated with the NXX Code of the ported telephonenumber.
10.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the INP Provider.
10.12 Only the existing INP Provider assigned End User Customer telephone
number may be used as a ported telephone number for INP.
10.13 An INP telephone number must be active and assigned to an End User
Customer to accommodate INP.
10.14 INP services shall not be re-sold , shared or assigned by either Party to
another LEC or CLEC.
10.1.2.15 INP is not offered for NXX Codes 555, 976 960 and coin telephones
and Service Access Codes (Le.500, 700 8XX 900). INP is not available for Feature
Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP
telephone numbers may not be used for mass calling events.
10.16 The ported telephone number will be returned to the End Office Switch
which originally had the ported telephone number when the End User Customer
disconnects service from the INP Requestor. The INP Requestor shall not retain it and
reassign it to another End User Customer. The normal intercept announcement will be
provided by the INP Provider for the period of time until the telephone number is
reassigned by the INP Provider.
10.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.18 NXX Migration, or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the NXX
Code is used solely for one (1) End User Customer. Where one Party has activated an
entire NXX Code for a single End User Customer, or activated a substantial portion of an
NXX Code for a single End User Customer with the remaining telephone numbers in that
NXX Code either reserved for future use or otherwise unused, if such End User
Customer chooses to receive service from the other Party, the first Party shall cooperate
with the second Party to have the entire NXX Code reassigned to an End Office Switch
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases , routing tables, etc.). Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
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appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXX Codes from one End Office
Switch to another. Other applications of NXX Code migration will be discussed by the
Parties as circumstances arise.
10.3 Ordering
10.Both Parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.CLEC may order INP service either manually or through aD electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 M. are considered the next business day. The following service intervals have
been established for Interim Number Portability:
Number of Lines Interval
Simple (1 FR/1 FB)
49 lines
50 or more lines
3 business days
ICB
Complex (PBX Trunks/lSDN)
8 lines or trunks
16 lines or trunks
17 -24 lines or trunks
25 or more lines or trunks
5 business days
6 business days
7 business days
ICB
Centrex
10 lines
11-20 lines
21 or more lines
5 business days
10 business days
ICB
Out of Hours Conversions
Any quantity ICB
10.3.4 Qwest will provide FOCs to CLECs within a reasonable time, no later than
48 hours after receipt of complete and accurate orders for regular POTS or simplebusiness End User Customers. The FOC interval for all other complex orders will be
within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for ICB orders will reflect an ICB FOC date.
10.For purposes of this Section, Qwest's normal business hours are 7:00
m. to 7:00 , local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 m. as a normal business hour, Monday through Friday.
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Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.
normal business hours shall be considered an out of hours cut.
10.CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours will be proactively
managed by Qwest to ensure that the Frame Due Time is met.
10.Out of Hours Cut
10.1 Out-of-hours cuts permit CLEC to select either a coordinated or
non-coordinated cut for INP service outside of Qwest's normal business hours.
For planning purposes, CLEC shall provide Qwest with a forecast of out-of-hours
coordinated cuts at least two weeks prior to CLEC placing an order in a particular
state. Forecasts should include the anticipated Frame Due Times and volumes
to be ported out of hours.
10.CLEC shall request out of hours cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR, CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.The date and time for the coordinated cut may need to be
negotiated between Qwest and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibility of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts , Firm Order Confirmation (FOC) of the
FDT will require additional time. In the event that this situation would occur
Qwest will negotiate with CLEC to provide the FOC within a reasonable time
frame.
10.7.4 Non-Coordinated Out of Hours Cut
10.7.4.CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1 :00 a.m. FDT (Due Date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut
occurs between the hours of 1 :00 a.m. and 7:00 a., with the cut
completed by 7:30 a.m. of that Day (if the requested date is a business
day, or by 7:30 a.m. of the next business day).
10.7.4.Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accomplished during the
business day prior to the cut.
10.7.4.CLEC will not incur additional charges for non-
coordinated out of hours cuts.
10.Coordinated Out of Hours Cut
10.CLECs shall request a coordinated out of hours cut
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by submitting a LSR and designating the requested FDT.
10.Out of hours coordinated cuts will be managed by a
Qwest project manager. Coordination of this effort requires an up-front
internal planning session. Any changes to the original FDT will be
negotiated with CLEC and will occur prior to issuing an FOC.
10.
out of hours cuts.
CLEC will incur additional charges for coordinated
10.End User Customer Impacts
10.The INP Requestor is responsible for all dealings with and on
behalf of its End User Customers, including all End User Customer account
activity (e., End User Customer inquiries and complaints).
10.Each Party is responsible for obtaining a Proof of Authorization
from its End User Customers who request a transfer of the End User Customer
telephone number from the other Party.
10.The INP Provider will work cooperatively with the INP Requestor
to ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e., Loops).
10.8.4 If an End User Customer requests transfer of service from the
INP Requestor back to the INP Provider, the INP Provider may rely on that End
User Customer request to institute cancellation of the INP service. The INP
Provider will provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service, and will work cooperatively with the INP Requestor to
ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e., Loops).
10.The INP Requestor will submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestor s End User Customers. Qwest will provide an electronic interface for
the purpose of ordering INP service. This interface may be accomplished by
either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange).
10.4 Maintenance and Repair
10.1.4.CLEC is responsible for its own End User Customers and will have the
responsibility for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC will be instructed to report all cases of trouble to their
Service Provider.
10.1.4.CLEC and Qwest will provide to their respective End User Customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest will provide their repair contact telephone numbers to one another on
reciprocal basis.
10.1.4.Qwest will work cooperatively with CLEC to resolve trouble reports when
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the trouble condition has been isolated and found to be within a portion of the Qwest
network. Qwest will perform standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket will be closed by the functional group that corrected the
trouble. This group will also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes will be entered to the trouble ticket.
10.5 Rate Elements
10.INP Rate Elements
In accordance with Commission requirements, Qwest recovers an appropriate allocation
of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per
. Commission Orders, a true-up will be completed semi-annually. The true-up is a
mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quantities during the year. The Parties will comply with the FCC rules
and Commission decisions on cost recovery for Interim Number Portability. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.In accordance with Commission requirements, Qwest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
Code assigned to CLEC. Per Commission Orders , a true-up will be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Qwest's overtime rate, time and one-half rates for timeframes outside of Qwest'
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Qwest's overtime
premium rate, which is double time. Overtime rates will be multiplied by the
number of Qwest personnel actively participating in the cut , multiplied by the
number of hours required for the cut. Exhibit A of this Agreement contains
overtime rates for coordinated out of hours cuts.
10.Qwest will schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC.
such information requires modification during the cut and, as a result
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.Switched Access Revenues. Qwest will comply with the FCC and
Commission rules regarding the sharing of terminating Switched Access revenues.
Once the End Office Switch is converted to long term number portability (LNP), CLEC
has the ability to directly bill the Interexchange Carrier, and no sharing of terminating
Switched Access revenues is required.
10.The Switched Access rate elements are identified in Qwest'
Switched Access Tariff.
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10.Qwest will use ARMIS data to determine the average Minutes of
Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis.
10.The number of lines to be used in determining the amount of
terminating Switched Access will be extracted from the Qwest corporate data
warehouse once each month. This database contains billed information for
posted orders.
10.5.2.4 The calculation of the terminating Switched Access charges
along with the appropriate data for the preceding month will be provided to CLEC
to support the payment. Qwest will pay the pass through amounts to CLEC
within one month. Disputes will be processed as though this credited amount
were a billed amount under this Agreement.
10.Local Number Portability
10.1 Description
10.2.Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location , existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. Qwest will allow
CLEC to port telephone numbers for its End User Customers in the same manner as
Qwest ports telephone numbers for Qwest End User Customers. CLEC may port
telephone numbers into and out of Qwest End Office Switches on behalf of an End User
Customer using the FCC rules and industry guidelines as described in the following
Sections.
10.Qwest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture , each End Office Switch is assigned a unique ten-digit LRN , the first six
digits of which identify the location of that End Office Switch. The LRN technology is a
triggering and addressing method which allows the re-homing of individual telephone
numbers to other End Office Switches and ensures the proper routing of calls to ported
telephone numbers through the use of a database and the signaling network. The LRN
solution interrupts call processing through the use of an Advanced Intelligent Network
(AIN) trigger, commonly referred to as the LRN trigger. During this interruption, a query
is launched to the LNP database in the signaling network and the call is re-addressed
using the LRN information for the ported telephone number. The LRN will route the call
to the proper End Office Switch destination. The actual routing of the call with either the
dialed telephone number, for calls to non-ported telephone numbers, or the LRN , for
calls to ported telephone numbers, observes the rules, protocols and requirements of the
existing Public Office Dialing Plan (PODP).
10.2 Terms and Conditions
10.2.2.Qwest will provide Local Number Portability (LNP), also known as long-
term number portability, in a non-discriminatory manner in compliance with the FCC'
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group andthe Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10., all telephone
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numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry s non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18, 1998).
10.Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
status for future deployment will be identified in the Local Exchange Routing Guide
(LERG). .
10.2.In connection with the provision of LNP , the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption , pursuant to Unbundled Loop
provisions identified in Section 9 of this Agreement. CLEC will coordinate with Qwest for
the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User
Customer s service to Qwest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Qwest's Unbundled Loop
offering, CLEC may order the LNP managed cut, as described in Section 10.5.4.
10.2.4.Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service: If the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA'
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.2.4.Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group s guidelines. Qwest will routinely send a concurrence message
within the time frames established by the industry.
10.The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.
g.
500 and 900 NPAs 950 and
976 NXX number services).
10.After an End Office Switch becomes equipped with LNP , all NXXs
assigned to that End Office Switch will be defined as portable , to the extent Technically
Feasible, and translations will be changed in each Party's Switches so that the portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
will also be defined as portable in all LNP-capable End Office Switches that have direct
trunks to the End Office Switch associated with the portable NXX.
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10.Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.At the time of porting a telephone number via LNP from Qwest, Qwest
shall ensure that the LlDB entry for that telephone number is de-provisioned if the Qwest
LlDB is not being used by CLEC.
10.10 . Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
10.11 NXX Migration , or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused , if such End User Customer chooses to
receive service from the other Party, the first Party shall cooperate with the second Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.). Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Office Code Administration guidelines)
for movement of NXXs from one End Office Switch to another. Other applications of
NXX migration will be discussed by the Parties as circumstances arise.
10.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (All) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.13 Porting of Reserved Numbers. The End User Customers of each Party
may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port
telephone numbers previously reserved by the End User Customer via the appropriate
retail Tariffs until these reservations expire. Qwest will reserve telephone numbers in
accordance with the FCC's rules.
10.14 Limits on Subscriber Relocation. Qwest and CLEC agree that an End
User Customer may geographically relocate at the same time as it ports its telephone
number, using LNP , to the New Service Provider; provided, however, that the Current
Service Provider may require that the End User Customer s relocation at the time of the
port to the New Service Provider be limited to the geographic area represented by the
NXX of the ported telephone number. The Current Service Provider may not impose a
relocation limitation on the New Service Provider or the New Service Provider
subscribers that is more restrictive than that which the Current Service Provider would
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impose upon its own subscribers with telephone numbers having the same NXX as the
telephone number(s) being ported. In addition, the Current Service Provider may not
impose any restrictions on relocation within the same Rate Center by a ported End User
Customer while that End User Customer is served by the New Service Provider.
10.3 Service Management System
10.Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party's Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.4 Database and Query Services
10.2.4.The LNP database provides the call routing information used by Qwest'
End Office Switches and Tandem Switches to route CLEC's End User Customer s calls
to a ported telephone number or to terminate calls to CLEC's End User Customers using
a ported telephone number. Qwest shall perform default LNP queries where CLEC is
unable to perform its own query. CLEC shall perform default LNP queries where Qwest
is unable to perform its own query. Qwest query services and charges are defined in
FCC Tariff #5 , including End Office and Tandem Switch Default Query Charges which
are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges
which are contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.2 For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shall query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the call to any other Switch. Prior to the first telephone number in a
NXX being ported via LNP at the request of CLEC , Qwest may query all calls directed to
the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided
that Qwest queries shall not adversely affect the quality of service to CLEC's End User
Customers as compared to the service Qwest provides its own End User Customers.
10.2.4.A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
requested in a NXX.
10.2.4.4 On calls originating from a Party s network, the Party will populate, if
Technically Feasible , the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
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Customer. Qwest shall update its LNP database from the NPAC SMS data within fifteen
(15) minutes of receipt of a download from the NPAC SMS.
10.Ordering
10.Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated LNP forms. CLEC may order LNP either
manually or through an electronic interface. The electronic gateway solution for ordering
service is described in Section 12 of this Agreement.
10.Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (Mountain time) are considered the next business day. The
following service intervals have been established for LNP:
Telephone Numbers Interval*
To Port
Sim le (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX 5 business days
Trunks , ISDN (includes FOC
Centrex)24 hr interval)
26 or more Project Basis
Intervals for LNP with Unbundled Loops shall be governed by Section 2 of the
Agreement.
10.Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when Qwest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Qwest's normal business hours for LNP, Qwest will have personnel available
in the repair center to assist in the event that CLEC experiences problems during the
cut. In addition, Qwest allows CLEC to request a managed cut on a 24 X 7 basis in
those situations where a cut would otherwise have been flow-through , but where CLEC
has a business need to have Qwest personnel dedicated to the cut. The terms and
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conditions for managed cuts are described in 10.5.4.
10.Qwest will set the ten (10) digit unconditional trigger for
telephone numbers to be ported, unless technically infeasible, by 11 :59 p.
(local time) on the business day preceding the scheduled port date. (A 10-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required, at no charge.) The ten (10)
digit unconditional trigger and End Office Switch translations associated with the
End User Customer s telephone number will not be removed , nor will Qwest
disconnect the End User Customer s Billing and account information, until 11 :59
m. (local time) of the next business day after the Due Date. CLEC is required
to make timely notifications of Due Date changes or cancellations by 8:00 p.
(mountain time) on the Due Date through a supplemental LSR order. In the
event CLEC does not make a timely notification CLEC may submit a late
notification to Qwest as soon as possible but in no event later than 12:00 p.
(mountain time) the next business day after the Due Date to Qwest'
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted, Qwest agrees to use its best efforts to ensure that the End
User Customer s service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation , no
disruption of the End User Customer s existing service. Late notifications must
be made by calling Qwest's Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
10.5.4.The date and time for the managed cut requires up-front
planning and may need to be coordinated between Qwest and CLEC. All
requests will be processed on a first come, first served basis and are subject to
Qwest's ability to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same End Office Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing
the Firm Order Confirmation (FOC). In special cases where a FDT must be
agreed upon, the interval to reach agreement will not exceed two (2) days. In
addition , standard intervals will apply.
10.5.4.CLEC shall request a managed cut by submitting a Local
Service Request (LSR) and designating this order as a managed cut in the
remarks section of the LSR form.
10.5.4.CLEC will incur additional charges for the managed cut
dependent upon the FDT. The rates are based upon whether the request is
within Qwest's normal business hours or out of hours. Qwest's normal business
hours are 7:00 a.m. to 7:00 p., End User Customer local time, Monday through
Friday. The rate for managed cuts during normal business hours is the standard
rate. The rate for managed cuts out of hours, except for Sundays and Holidays,
is the overtime rate. Sundays and Holidays are at premium rate.
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10.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (Y:z) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for
managed cuts.
10.5.4.Qwest will schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC will also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and , as a
result, non-scheduled employees are required , CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee.
the cut is either cancelled, or supplemented to change the Due Date, within
twenty-four (24) hours of the negotiated FDT , CLEC will be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Qwest
error or a new Due Date is requested by Qwest within twenty-four (24) hours of
the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
10.5.4.In the event that the LNP managed cut conversion is not
successful, CLEC and Qwest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Qwest. If Qwest is in error
no supplemental order or additional order will be required of CLEC.
10.5.4.Qwest shall ensure that any LNP order activity requested in
conjunction with a managed cut shall be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation
ensuring that the End User Customer s Qwest Loop will not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
10.6 Maintenance and Repair
10.Each Party is responsible for its own End User Customers and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. End User Customers will be instructed to report all cases of trouble to their
Current Service Provider.
10.Each Party will provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party will
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.Qwest will work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Qwest network, Qwest will perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
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10.6.4 Qwest will proactively test new Switch features and service offerings to
ensure there are no problems with either the porting of telephone numbers or calls from
Qwest End User Customers to CLEC End User Customers with ported telephone
numbers or vice versa.
10.7 Rate Elements
10.Qwest will comply with FCC and Commission rules on cost recovery for
Local Number Portability.
10.911/E911 Service
10.1 Description
10.911 and E911 provides an End User Customer access to the applicable
emergency service bureau , where available, by dialing a 3-digit universal telephone
number (911).
10.Automatic Location Identification/Data Management System (ALI/DMS).
The ALI/DMS database contains End User Customer information (including name
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the call. The ALI/DMS database is used to provide
more routing flexibility for E911 calls than Basic 911.
10.Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange End Office Switches that serve a geographic area. E911 provides
additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data
contained in the ALI/DMS , to determine to which Public Safety Answering Point (PSAP)
to route the call.
10.2 Terms and Conditions
10.Qwest will provide nondiscriminatory access to the same Basic 911 or
Enhanced 911 features, functions and services that Qwest provides to its End User
Customers. E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Qwest provides to its End User
Customers for such similar functionality.
10.In counties where Qwest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC will participate in the
provision of the 911 System as described in Section 10.
10.
services.
Qwest shall conform to all state regulations concerning emergency
10.2.4 Qwest shall route E911 calls to the appropriate PSAP.
10.Each Party will be responsible for those portions of the 911 system for
which it has total control , including any necessary maintenance to each Party's portion of
the 911 system.
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10.Qwest will provide CLEC with the identification of the Qwest 911
controlling office that serves each geographic area served by CLEC.
10.Qwest will provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC's End User Customer dials "0" instead of "911"It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Qwest with each PSAP prior to offering 911 calls or publication of such data.
10.If a third party is the primary service provider to a county, CLEC will
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and Qwest makes no representations on behalf of the third party.
10.If CLEC is the primary service provider to the county, CLEC and Qwest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
10.10 CLEC will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Qwest for the 911 call delivery.
10.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
10.3.2.13 Neither Party will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.14 Qwest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3 E911 Database Updates
10.CLEC exchanges to be included in Qwest's E911 Database will be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and will not require an amendment to this Agreement.
10.2 Qwest's designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. Qwest, or its designated
database provider, will provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule will be provided and charged on an
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Individual Case Basis. The data will be provided in computer readable format. Qwest
shall provide CLEC access to the Master Street Address Guide at a level of accuracy
and reliability that is equivalent to the access Qwest provides to itself.
10.4 E911 Database Updates for Facilities-Based CLECs
10.3.4.Qwest will ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliability that Qwest maintains for Qwest's own
End User Customers.
10.3.4.2 For Selective Routing table updates, facilities-based CLECs will negotiate
directly with Qwest's database provider for the input and validation of End User
Customer data into the Qwest Automatic Location Identification (All) database. CLEC
will negotiate directly with the PSAP (or PSAP agency s) DMS/ALI provider for input of
End User Customer data into the All database. In most cases the Selective Routing
table updates and the All database will be managed by the same provider. CLEC
assumes all responsibility for the accuracy of the data that CLEC provides for MSAG
preparation and E911 Database operation.
10.3.4.If it is facilities-based , CLEC will provide End User Customer data to
Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended
Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any
variations to NENA recommendations required for All database input.
10.3.4.4 If it is facilities-based, CLEC will provide End User Customer data to
Qwest's database provider for Qwest's All database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, All Service Providers and 9-1 Jurisdictions standard format, as specified by
Qwest.
10.3.4.If it is facilities-based, CLEC will update its End User Customer records
provided to Qwest's database provider for Qwest's All database to agree with the 911
MSAG standards for its service areas.
10.3.4.6 Qwest's E911 database administrator, an independent third party, shall
resolve failed Local Number Portability migrate records in accordance with the NENA
standard , NENA-02-011 Sections 22B., for Qwest records where Qwest is the donor
company as defined in the NENA standard. The Qwest E911 database administrator
will compare CLEC's (Le., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portability Administration Center s (NPAC)
database once each business day to determine if the migrate record (Le., ported
telephone number) has been activated by the recipient company. If the migrate record
has been activated by CLEC in the NPAC , the record shall be unlocked and the migrate
record processed. If, at the end often (10) business days , the NPAC database does not
show the migrate record as activated or the record owner identification does not match
the migrate record will be rejected. The E911 database administrator will send reports
regarding CLEC's failed migrate records (Le., 755 error code) and rejected migrate
records (Le., 760 error code) to CLEC or CLEC's designated database administrator.
Qwest's E911 database administrator will also resolve failed migrate records for CLEC , if
valid based on the NPAC database.
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10.5 E911 Database Updates for Resale Based CLECs
10.For resold services , Qwest, or its designated database provider, will
provide updates to the All database in a manner that is at the same level of accuracy
and reliability as such updates are provided for Qwest's End User Customers. For
resold accounts, CLEC shall provide Qwest with accurate End User Customer location
information to be updated to the ALI/DMS database. Qwest shall use its current process
to update and maintain End User Customer information in the ALI/DMS database.
10.6 E911 Database Accuracy
10.E911 Database accuracy shall be measured jointly by the PSAPs and
Qwest's database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwest's database provider when relevant and will indicate
incidents when incorrect or no All data is displayed. The reports provided to CLEC shall
contain CLEC-specific information regarding CLEC's accounts.
10.Each discrepancy report will be jointly researched by Qwest and CLEC.
Corrective action will be taken immediately by the responsible Party.
10.Each Party providing updates to the E911 database will be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Party from any claims
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
10.6.4 Qwest and its vendor will provide non-discriminatory error correction for
records submitted to the Automatic Location Identification (All) database. For resold
accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to
correct the error, vendor will contact Qwest for error resolution. For errors referred to
Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the
case of facilities-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
10.7 E911 Interconnection
10.If required by CLEC, Qwest shall interconnect direct trunks from CLEC'
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks will be provided on a non-
discriminatory basis. Qwest shall provide special protection identification for CLEC 911
circuits in the same manner as Qwest provides for its 911 circuits.
10.The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Office to each Qwest 911/E911 Selective Router (i.e., 911
Tandem Office) that serves the areas in which CLEC provides Exchange
Service , for the provision of 911 /E911 services and for access to all subtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When Qwest facilities are available,
Qwest will comply with diversity of facilities and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event
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failures, Qwest shall make that alternate routing available to CLEC.
10.911 Interconnection Trunk Groups must be, at a minimum , DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (i.e., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY /TDDs).
10.Qwest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Qwest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC will be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to CLEC's demarcation.
Qwest will be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Qwest repair service includes
testing and diagnostic service from a remote location , dispatch of or in-person
visit(s) of personnel. Where an on-site technician is determined to be required , a
technician will be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifying Qwest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Qwest will refer network trouble to CLEC if no defect is found in Qwest'
network. The Parties agree that 911 network problem resolution will be managed
in an expeditious manner at all times.
10.For CLEC-identified 911 trunk blockages , Qwest agrees to take corrective
action using the same trunking service procedures used for Qwest's own E911 trunkgrou~.
10.The Parties will cooperate in the routing of 911 traffic in those instances
where the All/ANI information is not available on a particular 911 call.
10.7.4 For facilities-based CLEC using its own switch(es), Qwest shall provide
911 Interconnection, including the provision of dedicated trunks from CLEC End Office
Switch to the 911 control office, at Parity with what Qwest provides itself.
10.For CLEC's resale local exchange lines, Qwest shall provide access to
the same 911 trunks used for Qwest's retail End User Customers which extend from the
Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC
access to such 911 trunks shall be on a shared , non-discriminatory basis.
10.8 E911 and Number Portability
10.When a Qwest telephone number is ported out, receiving CLEC shall be
responsible to update the ALI/DMS database. When a CLEC telephone number is
ported in , Qwest shall be responsible to update the ALI/DMS database.
10.When Remote Call Forwarding (RCF) is used to provide number
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portability to the End User Customer and a remark or other appropriate field information
is available in the database, the shadow or "forwarded-" number and an indication that
the number is ported shall be added to the End User Customer record by CLEC.
Private Switch/Automatic Location Identification (PS/ALI) Service
10.PS/ALI Description
10.Private Switch/Automatic Location Identification (PS/ALI)
Service provides End User Customers using a private telephone Switch, such as
Private Branch Exchanges (PBXs) and some Centrex/Centron , with the Selective
Routing and/or Automatic Location Identification (SR/ALI) feature(s) of E911 for
individual telephone stations served by the PBX or Centrex/Centron. The PS/ALI
capability allows for the storage and retrieval of Automatic Location Identification
and/or the Selective Routing of that call to the appropriate Public Safety
Answering Point (PSAP).
10.2 CLEC's PS/ALI End User Customer systems are viewed as a
Serving Wire Center within the E911 network. The Automatic Number
Identification (ANI) generated by the PBX/Centrex/Centron will be read
processed , and utilized as if it were a typical End Office Switch. The E911 SR
will route the E911 PS/ALI call to the appropriate PSAP based on the ANI
received, or the default Emergency Service Number (ESN). Upon receipt of the
information , the PSAP forwards the ANI information to the All database over an
existing data network, where it is then used to retrieve the stored station name,
address and location information. The PSAP monitor then displays the station
address and location information for handling by the emergency response
personnel.
10.The PS/ALI capability consists of the All database updates and
transport of PS/ALI calls to an E911 SR or to the appropriate PSAP.
10.PS/ALI Terms and Conditions
10.PS/ALI service is only available in areas where E911 is currently
supported. PS/ALI is not available with Basic 911 service.
10.CLEC or CLEC's PS/ALI End User Customer is responsible for
establishing and maintaining the E911 database records for the
PBX/Centrex/Centron. CLEC or CLEC's PS/ALI End User Customer shall
provide the PBX/Centrex/Centron All information to Qwest's designated E911
database provider. PS/ALI information includes the name , address and location
information for each station behind the PBX/Centrex/Centron. Qwest does not
guarantee or confirm the accuracy of End User Customer provided information.
10.When the station user dials 911 , the PBX/Centrex/Centron must
be able to recognize the digits as a complete dialing code. (In some systems, it
may be necessary to dial a single digit network access code before dialing 911
Le., dial "9" to make a call outside of the private Switch prior to dialing 911). The
PBX/Centrex/Centron must provide a full seven (7) digit numbering system and
the associated ANI for every station within the private Switch. If the seven (7)
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digit telephone number is not dialable, CLEC's PS/ALI End User Customer is
responsible to identify the associated call back telephone number to be
populated in the database. PS/ALI Service is not available with Digital Switched
Service (DSS). PS/ALI is available over Primary Rate Interface (PRI) trunks.
CLEC's PS/ALI End User Customer uses Integrated Service Digital Network -
Primary Rate Interface (ISDN-PRI) to provide PS/ALI , special Centralized
Automatic Accounting (CAMA) trunks are not required.
10.2.4 For PS/ALI resold service, CLEC shall meet the terms and
conditions for Qwest's PS/ALI retail product.
10.PS/ALI Database Updates
10.1 Qwest's designated E911 database provider, an independent
third party, will be responsible for maintaining the PS/ALI E911 database.
Qwest's E911 database provider will provide CLEC's PS/ALI End User Customer
with the specific PC based PS/ALI software requirements to access and update
the All database with their station name , address and location information.
10.2 CLEC's PS/ALI End User Customer will provide the input and
validation of station data directly into the All database. CLEC's PS/ALI End User
Customer will provide . station data to Qwest's All database provider that is
Master Street Address Guide (MSAG) valid and utilizes National Emergency
Number Association (NENA) guidelines. PS/ALI follows the NENA-02-010
Recommended Formats and Protocols For All Data Exchange, NENA-02-011
Recommended Data Standards for Local Exchange Carriers (LEC), All Service
Providers and 911 Jurisdictions. Qwest will furnish CLEC with any variations to
NENA recommendations required for PS/ALI database input.
10.9.4 PS/ALI Database Accuracy
10.9.4.PS/ALI database accuracy shall be measured jointly by the
PSAPs and Qwest's database provider. The reports shall be forwarded to CLEC
or CLEC's PS/ALI End User Customer by Qwest's database provider when
relevant and will indicate incidents when incorrect or no All data is displayed.
The responsible Party will take corrective action immediately.
10.9.4.Each Party providing PS/ALI updates to the E911 database will
be responsible for the accuracy of its records.
10.PS/ALllnterconnection
10.1 Facilities-based CLEC using its own switch( es) shall
interconnect direct trunks from CLEC's network to the PSAP or the E911 tandem
(Selective Router), in accordance with the terms and conditions identified in
E911 Interconnection If technically capable, CLEC may route PS/ALI calls
over CLEC's existing E911 Interconnection trunks. In some instances technical
requirements may necessitate provisioning dedicated PS/ALI CAMA trunks
between either CLEC's Switch and the E911 Selective Router or PSAP or
between CLEC's PS/ALI End User Customer PBX/Centrex/Centron and the E911
Selective Router or PSAP. In these instances the dedicated PS/ALI ES CAMA
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trunks must comply with the terms and conditions of standard E911
Interconnection.
10.For reseller CLEC, CLEC's PS/ALI End User Customer
required to install a minimum of two (2) trunks for each main location listed where
the PBX/Centrex/Centron resides on an End User Customer s premises to the
911 system. The dedicated PS/ALI ES CAMA trunks will comply with the terms
and conditions of standard E911 Interconnection. PS/ALI service is available in
some Qwest End Office Switches over PRI trunks. If CLEC's PS/ALI End User
Customer uses ISDN PRI to provide PS/ALI , special CAMA trunks are not
required. Dedicated circuits are not required for Centron service.
10.PS/ALI Rate Elements
10.Rates and charges for PS/ALI service will be assessed based
on CLEC's specific requirements. Both nonrecurring and monthly recurring rates
may be applicable as shown in Exhibit A. Rate elements for PS/ALI include
charges for establishing the service account with the E911 database provider
trunks, transport, Selective Routing, and All service features , storage and
retrieval.
10.PS/AL,.I Ordering
10.
Ordering
10.Once all critical information has been obtained and
agreed upon in the PS/ALI joint planning meeting, CLEC's PS/ALI
Interconnection arrangement will determine the ordering process to be
followed. If CLEC is planning on routing PS/ALI traffic over an existing
E911 ES trunk group, and capacity exists to handle the additional PS/ALI
traffic, CLEC will not be required to issue any changes to the existing
E911 Interconnection arrangement. If CLEC determines that a new
dedicated PS/ALI ES trunk group is required to route PS/ALI traffic from
CLEC Switch to the Qwest SR, CLEC will follow the process outlined in
the PCA T E911 ordering section.
Facilities-based CLEC Using its Own Switch(es) - PS/ALI
10.All service features may be ordered from Qwest or
directly from the third party database provider. If ordering from Qwest
CLEC will use the ASR process. If ordering directly from the third party
provider, CLEC will need to establish service with the third party provider
for the PS/ALI update, storage and retrieval capability.
10.Resale - PS/ALI Ordering
10.Orders for Resold PS/ALI are submitted using the
Local Service Ordering Guidelines (LSOG) and should be placed via the
Interconnect Mediated Access Graphical User Interface (IMA GUI) or
Interconnect Mediated Access Electronic Data Interexchange (IMA EDI).
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10.PS/ALI Billing
10.Upon completion of implementation of the PS/ALI service
Qwest will initiate PS/ALI nonrecurring and recurring Billing.
10.White Pages Directory Listings Service
10.1 Description
White Pages Directory Listings Service consists of Qwest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Qwest's Listings database, based on End
User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End
User Customer Listings as noted below.
10.2 Terms and Conditions
10.4.White Pages Directory Listings Service is provided to reseller CLEC with
CLEC's resold local exchange lines , and such Listings include terms and conditions
(except prices) for Listings 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. White Pages Directory Listings Service is available to facilities-based
CLEC as described in this Section.
10.4.Reseller CLEC and facilities-based CLEC using Qwest's switching
services to provide local Exchange Service will provide, pnd facilities-based CLEC using
its own or a third party's Switch(es) may provide, to Qwest, in standard format, by
mechanized or by manual transmission to Qwest, its primary, premium and privacy
Listings.
10.4.Qwest will accept one (1) primary Listing for each main
telephone number belonging to CLEC's resale and facilities-based End User
Customers at no monthly recurring charge.
10.4.1.2 CLEC will be charged for its resale premium Listings (e.
additional , foreign , cross-reference) and privacy Listings (Le., nonlisted and
nonpublished) at Qwest's General Exchange Listing Tariff rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC will be charged for
its facilities-based premium Listings (e., additional , foreign , cross-reference)
and privacy Listings (Le., nonlisted and non published) at market-based prices
contained in Exhibit A. Primary Listings and other types of Listings are defined in
the Qwest General Exchange Tariffs.
10.4.Intentionally Left Blank.
10.4.Information on submitting and updating Listings is available in "Facility
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." Qwest will furnish CLEC Listings format specifications. Directory publishing
schedules and deadlines for Qwest's official directory publisher will be provided to
CLEC.
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10.4.2.4 If CLEC provides its End User Customer Listings to Qwest CLEC
grants Qwest access to CLEC's End User Customer Listings information for use in its
Directory Assistance Service as described in Section 10., and in its Directory
Assistance List Service as described in Section 10., and for other lawful purposes
except that CLEC's Listings supplied to Qwest by CLEC and marked as nonpublished or
nonlisted Listings shall not be used for marketing purposes, subject to the terms and
conditions of this Agreement. Qwest will incorporate CLEC End User Customer Listings
in the Directory Assistance Database. Qwest will incorporate CLEC's End User
Customer Listings information in all existing and future Directory Assistance applications
developed by Qwest. Should Qwest cease to be a Telecommunications Carrier, by
virtue of a divestiture, merger or other transaction, this access grant automatically
terminates.
10.4.CLEC End User Customer Listings will be treated the same as Qwest'
End User Customer Listings. Prior written authorization from CLEC , which authorization
may be withheld , shall be required for Qwest to sell, make available, or release CLEC'
End User Customer Listings to directory publishers , or other third parties other than
Directory Assistance providers. No prior authorization from CLEC shall be required for
Qwest to sell, make available, or release CLEC's End User Customer Directory
Assistance Listings to Directory Assistance providers. Listings shall not be provided or
sold in such a manner as to segregate End User Customers by Carrier. Qwest will not
charge CLEC for updating and maintaining Qwest's Listings databases. CLEC will not
receive compensation from Qwest for any sale of Listings by Qwest as provided for
under this Agreement.
10.4.To the extent that state Tariffs limit Qwest's liability with regard to Listings
the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of
Liability section of this Agreement with respect to Listings only.
10.4.2.Qwest is responsible for maintaining Listings including entering,
changing, correcting, rearranging and. removing Listings in accordance with CLEC
orders.
10.4.2.Qwest provides non-discriminatory appearance and integration of white
pages directory Listings for all CLEC's and Qwest's End User Customers. All requests
for white pages directory listings, whether for CLEC or Qwest End User Customers,
follow the same processes for entry into the Listings database.
10.4.Qwest will take reasonable steps in accordance with industry practices to
accommodate CLEC's nonpublished and nonlisted Listings provided that CLEC has
supplied Qwest the necessary privacy indicators on such Listings.
10.4.10 CLEC's white pages directory Listings will be in the same font and size as
Listings for Qwest End User Customers, and will not be separately classified.
10.4.11 Qwest processes for publication of white pages directory Listings will
make no distinction between CLEC's and Qwest's subscribers. CLEC's Listings will be
provided with the same accuracy and reliability as Qwest's End User Customer Listings.
Qwest will ensure CLEC's Listings provided to Qwest are included in the white pages
directory published on Qwest's behalf using the same methods and procedures, and
under the same terms and conditions, as Qwest uses for its own End User Customers
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Listings.
10.4.12 For CLEC's End User Customers whose Listings CLEC provides to
Qwest for submission to its official directory publisher, Qwest shall ensure its third party
publisher distributes appropriate alphabetical and classified directories (white and yellow
pages) and recycling services to such CLEC End User Customers at Parity with Qwest
End User Customers, including providing directories a) upon establishment of new
service; b) during annual mass distribution; and c) upon End User Customer request.
10.4.13 CLEC shall use commercially reasonable efforts to ensure that LIstings
provided to Qwest are accurate and complete. All third party Listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Qwest, including End User Customer-requested
restrictions on use, such as nonpublished and nonlisted restrictions.
10.4.Intentionally Left Blank.
10.4.15 CLEC shall be solely responsible for knowing and adhering to state lawsor rulings regarding Listings and for supplying Qwest with the applicable Listing
information. Qwest understands that certain states, including, but not necessarily limited
, Minnesota, South Dakota, and Washington , have enacted statutes that impose
certain requirements upon the provision of wireless listings, and CLEC represents and
warrants that listings CLEC submits to Qwest reflect and are provided in full compliance
with applicable laws and regulations including but not limited to , laws and
regulations applicable to wireless listings.
10.4.16 CLEC agrees to provide to Qwest its End User Customer names
addresses and telephone numbers in a standard mechanized or manual format, as
specified by Qwest.
10.4.17 CLEC will supply its ACNAICIC or CLCC/OCN , as appropriate, with each
order to provide Qwest the means of identifying Listings ownership.
10.4.2.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession , Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.19 For Listings that CLEC submits to Qwest, Qwest will provide monthly
Listing verification proofs that provide the data to be displayed in the published white
pages directory and available on Qwest's Directory Assistance Service. Verification
proofs containing nonpublished and nonlisted Listings are also available upon request
on the same monthly schedule.
10.4.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy
of its Listings to be included in the white pages directory and in Qwest's Directory
Assistance Service.
10.4.21 CLEC may review and if necessary edit its white page Listings prior to the
close date for publication in the directory.
10.4.CLEC is responsible for all dealings with, and on behalf of, CLEC's End
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User Customers , including:
10.4.22.All End User Customer account activity (e., End User
Customer queries and complaints);
10.4.22.2 All account maintenance activity (e., additions, changes
issuance of orders for Listings to Qwest);
10.4.22.Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to Qwest does not contain a privacy
indicator, no privacy restrictions will apply); and
10.4.22.4
Customers.
Any additional services requested by CLEC's End User
10.4.23 Pursuant to Section 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, Qwest will provide subscriber list information gathered in
Qwest's capacity as a provider of local Exchange Service on a timely basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC , Qwest shall enter into negotiations
with CLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Qwest and CLEC will enter into a written contract if
agreement is reached for such use.
10.4.23.Qwest shall use commercially reasonable efforts to ensure that its
retail End User Customers' Listings provided to CLEC are accurate and
complete. Any third party Listings are provided AS IS , WITH ALL FAULTS.
Qwest further represents that it shall review all its retail End User Customers
Listings information provided to CLEC including End User Customer-requested
restrictions on use, such as non published and nonlisted restrictions.
10.4.24 Qwest represents and warrants that any arrangement for the publication
of white pages directory Listings with an Affiliate or contractor requires such Affiliate or
contractor to publish the Directory Listings of CLEC contained in Qwest'Listings
database so that CLEC's Directory Listings are non-discriminatory in appearance and
integration, and have the same accuracy and reliability that such Affiliate or contractor
provides to Qwest's End User Customers.
10.4.25 Qwest further agrees that any arrangements for the publication of white
pages directory Listings with an Affiliate or contractor shall require such Affiliate or
contractor to include in the customer guide pages of the white pages directory a notice
that End User Customers should contact their Current Service Provider to request any
modifications to their existing Listing or to request a new Listing.
10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the
publication of white pages directory Listings shall require such Affiliate or contractor to
provide CLEC space in the customer guide pages of the white pages directory for the
purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2)
contact repair service; (3) dial Directory Assistance; (4) reach an account representative;
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(5) request buried cable locate service; and (6) contact the special needs center for End
User Customers with disabilities.
10.4.27 If CLEC submits its End User Customer Listings to Qwest through a
service bureau or other type of third party (agent), CLEC and the agent shall execute a
Letter of Authorization (LOA), in a form acceptable to Qwest, that shall include, but not
be limited to, the following terms:
10.4.27.That the agent is authorized by CLEC to submit Listings to
Qwest on its behalf and to work with Qwest in resolving any issues surroundingits Listing submissions; and
10.4.27.That the agent will comply with all terms and conditions of this
Agreement in submitting CLEC's End User Customers' Listings to Qwest.
10.4.27.3 CLEC's use of an agent in submitting its End User Customers
Listings to Qwest shall not alter CLEC's obligations under this Agreement and
CLEC shall remain primarily liable for covenants and responsibilities under this
Agreement.
10.3 Rate Elements
The following rate elements apply to white pages directory Listings and are contained in Exhibit
A of this Agreement.
10.4.Primary Listings; and
10.4.Premium and Privacy Listings.
10.4 Ordering Process
10.4.4.Qwest provides training on white pages directory Listings requests and
submission processes. The ordering process is similar to the service ordering process.
10.4.4.CLEC Listings can be submitted for inclusion in Qwest white pages
directories according to the directions in the Qwest Listings User Documents for Facility-
Based and Reseller CLECs , which is available on-line through the PCA T
(http://www.qwest.com/whoiesale/pcat/) or will be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCAT.
10.4.4.CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI , IMA-GUI, or by facsimile.
10.Directory Assistance Service
10.1 Description
10.Directory Assistance Service is a voice service that Qwest provides to its
own End User Customers , reseller and/or facilities-based CLEC, and to other
Telecommunications Carriers. Directory Assistance Service provided to CLEC includes
non-discriminatory access to Qwest'directory assistance centers, services , and
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Directory Assistance Databases. Directory Assistance Service provides voice callers
published and nonlisted Listing information, which is comprised of name and telephone
number, and address if available , as contained in Qwest's then-current Directory
Assistance Database and in the national Directory Assistance Database that is accessed
by Qwest. Directory Assistance Service is available with CLEC-specific branding,
generic branding, and with Directory Assistance Call Completion service options, where
available. If facilities-based CLEC chooses to access Qwest's Directory Assistance
Service , it is provided to CLEC under this Agreement pursuant to Section 251 (b)(3) of
the Act. As such , the pricing requirements of Section 252(d)(1) of the Act are not
applicable.
10.Directory Assistance Service.
10.Local Directory Assistance Service. Provides CLEC'
End User Customers published and nonlisted Listing information within
the caller s LATA that are included in Qwest's then-current Directory
Assistance Database.
10.National Directory Assistance Service. Provides
CLEC's End User Customers published and nonlisted Listing information
from the database of the national Directory Assistance Services vendor
selected and accessed by Qwest.
10.Call Branding Service. Provides CLEC Local and
national Directory Assistance Service that is branded with the brand of
CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to
CLEC's End User Customer at the start and completion of the call.
Generic branding does not announce any provider s name. CLEC-
specific Call Branding and generic branding are optional services
available to CLEC.
a) Front End CLEC-specific Call Branding -- Announces CLEC's name to
CLEC's End User Customer at the start of the call.
b) Back End CLEC-specific Call Branding -- Announces CLEC's name to
CLEC's End User Customer at the completion of the call.
c) Intentionally Left Blank.
d) Qwest will record CLEC-specific brand message:
10.1.4 Call completion' service allows CLEC's End User
Customers . calls to be completed , where available.
10.Intentionally Left Blank.
10.Intentionally Left Blank.
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10.2 Terms and Conditions
10.Directory Assistance Service accessed over CLEC'resold local
exchange lines includes terms and conditions (except prices) for Directory Assistance
Service in Qwest'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. Directory Assistance Service is available to facilities-based CLEC as
described in this Section unless otherwise noted. If facilities-based CLEC chooses to
access Qwest's Directory Assistance Service, it is provided to CLEC under this
Agreement pursuant to Section 251 (b)(3) of the Act. As such , the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is
available to CLEC asa facilities-based provider at the market-based prices contained in
Exhibit A.
10.Intentionally Left Blank.
10.2 Qwest's Directory Assistance Database contains only those published
and nonlisted telephone number Listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
10.Qwest will provide access to Directory Assistance Service for facilities-
based CLEC using its own or a third party's Switch(es) via dedicated multi-frequency
(MF) operator service trunks. CLEC may purchase operator service trunks from Qwest
or provide them itself. These operator service trunks will be connected directly to a
Qwest Directory Assistance host or remote Switch. CLEC will be required to order or
provide at least one (1) operator services trunk for each NPA served.
10.5.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Qwest End User
Customers. Qwest will provide the same priority of handling for CLEC's End User
Customer calls to Qwest's Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Qwest's Directory Assistance Service are handled on a
first come, first served basis , without regard to whether calls are originated by CLEC or
Qwest End User Customers.
10.CLEC-specific Call Branding for Directory Assistance requires recording
CLEC's brand message and setting up the brand message.
10.Intentionally Left Blank.
10.Intentionally Left Blank.
10.Reseller CLEC's End User Customers will use the same dialing pattern to
access Directory Assistance Service as used by Qwest's End User Customers (Le., 411
555-1212, or NPA+555-1212).
10.9 Facilities-based CLEC using its own or a third party s Switch(es) may
choose to have its End User Customers dial a unique number or use the same dialing
pattern as Qwest End User Customers use to access Qwest Directory Assistance
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Service.
10.10 Qwest will timely enter into its directory assistance database updates of
CLEC's Listings that CLEC provides to Qwest as described in Section 10.4. Qwest will
incorporate CLEC End User Customer Listings in the Directory Assistance Database.
Qwest will incorporate CLEC's End User Customer Listings information in all existing
and future Directory Assistance applications developed by Qwest Qwest will implement
quality assurance procedures such as random testing for listing accuracy. Qwest will
identify itself to End User Customers calling its Directory Assistance Service provided for
itself either by company name or operating company name or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.10.In accordance with Section 18, where CLEC supplies its Listings
to Qwest, CLEC may request a comprehensive audit of Qwest's use of CLEC'
Listings for Directory Assistance Service. In addition to the terms specified in
Section 18 , the following also apply: as used herein
, "
Audit" shall mean a
comprehensive review of the other Party s delivery and use of the Listings for
Directory Assistance Service provided hereunder and such other Party'
performance of its obligations under this Agreement. CLEC may perform up to
two (2) audits per twelve (12) month period commencing with the Effective Date
of this Agreement of Qwest's use of CLEC'Listings in Qwest'Directory
Assistance Service. CLEC shall be entitled to "seed" or specially code some or
all of the Listings for Directory Assistance Service that it provides hereunder in
order to trace such information during an Audit and ensure compliance with the
disclosure and use restrictions set forth in this Agreement.
10.11 Qwest shall use CLEC's Listings supplied to Qwest by CLEC under the
terms of this Agreement for purposes of providing Directory Assistance Service and for
other lawful purposes, except that CLEC's Listings supplied to Qwest by CLEC and
marked as nonpublished or nonlisted Listings shall not be used for marketing purposes
subject to the terms and conditions of this Agreement.
10.Rate Elements
The following rate elements apply to Directory Assistance Service. Directory Assistance
Service is provided to CLEC for resale with resold local exchange lines at the Qwest retail price
less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is
provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit
10.A per-call rate applies for Local Directory Assistance and for national
Directory Assistance Services.
10.A nonrecurring set-up and recording fee will be charged for establishing
each CLEC-specific Call Brand message. A nonrecurring charge to load CLEC'
specific brand message in each Qwest Switch also applies. Such nonrecurring fees
must be paid before branding commences. If CLEC establishes a branding option, and
requests a subsequent change in branding, nonrecurring charges apply as contained in
Exhibit A.
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10.A per-call rate is applicable for call completion service.
10.4 Ordering Process
CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange
Carriers." This questionnaire may be obtained from CLEC's Qwest account manager.
10.5 Billing
10.Qwest will track and bill CLEC for the number of calls placed to Qwest'
Directory Assistance Service by CLEC's End User Customers as well as for the number
of requests for call completion service.
10.For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance call. Qwest
will not credit, rebate or waive the per call charge due to any failure to provide a
telephone number.
10.Call completion service will be charged at the per call rate when the End
User Customer completes the required action (Le.
, "
press the number one
" "
stay on the
line " etc.
).
10.Directory Assistance List
10.1 Description
10.Directory Assistance List (DAL) information consists of name, address
and telephone number information for all End User Customers of Qwest and other LECs
that are contained in Qwest's Directory Assistance Database and , where available
related elements required in the provision of Directory Assistance Service to CLEC's End
User Customers. No prior authorization from CLEC shall be required for Qwest to sell
make available, or release CLEC's End User Customer Directory Assistance Listings to
Directory Assistance providers. In the case of End User Customers who have
nonpublished Listings, Qwest shall provide the End User Customer s local Numbering
Plan Area (NPA), address, and an indicator to identify the non published status of the
Listing; however, Qwest will not provide the non published telephone number in DAL
information. DAL information includes privacy and use restriction indicators as
requested by Qwest's retail End User Customers and by Carriers. DAL is provided
pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements of Section
252(d)(1) of the Act are not applicable. DAL shall be provided to CLEC at market-based
prices contained in Exhibit A.
10.Qwest will provide DAL information via initial loads and daily updates by
means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the
Parties. Qwest will provide all changes , additions or deletions to the DAL information
overnight on a daily basis. The Parties will use a mutually agreed upon format for the
data loads.
10.DAL information shall specify whether the Qwest End User Customer is a
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residential, business, or government subscriber, and the Listings of other Carriers will
specify such information where it has been provided on the Carrier s Listing order.
10.1.4 In the event CLEC requires a reload of DAL information from Qwest'
database in order to validate, synchronize or reconcile its database, a reload will be
made available according to the rate specified in Exhibit A.
10.Qwest and CLEC will cooperate in the designation of a location to which
the data will be provided.
10.2 Terms and Conditions
10.If CLEC purchases use of Qwest's DAL information under this
Agreement, Qwest grants to CLEC, as a competing provider of telephone Exchange
Service and telephone toll service, access to DAL information for purposes of providing
Directory Assistance Services and for other lawful purposes, including directory
publishing in any format or medium, under the terms and conditions of this Agreement.
CLEC is solely responsible for its lawful use of DAL information obtained under this
Agreement pursuant to Section 251 (b )(3) of the Act, including use of such information
only for purposes permitted , or not prohibited by, the Act, federal and state laws, rules
and regulations, the FCC's orders, rules, and regulations, and the Commission s orders
rules, and regulations. As it pertains to the use of DAL information in this Agreement
Directory Assistance Service" shall mean the provision, by CLEC , via a live operator or
mechanized system, of telephone number and address information for an identified
name or the name and/or address for an identified telephone number. Should CLEC
cease to be a Telecommunications Carrier, a competing provider of telephone Exchange
Service, or telephone toll service , this access grant automatically terminates.
10.Qwest shall make commercially reasonable efforts to ensure
that Listings belonging to Qwest retail End User Customers provided to CLEC in
Qwest's DAL information are accurate and complete. All third party DAL
information is provided AS IS, WITH ALL FAULTS. Qwest further represents that
it shall review all of its End User Customer Listings information provided to
CLEC, including End User Customer requested restrictions on use , such as non-
published and non-listed restrictions.
10.If CLEC purchases use of Qwest's DAL information under this
. Agreement, Qwest shall notify CLEC of any directive from Carriers , whose
listings may be included in Qwest's DAL information , which prohibits use of their
DAL information for purposes of directory publishing. CLEC that purchases use
of Qwest's DAL information shall not include such Carrier s Listings that may be
included in the DAL information in any directory it publishes or causes to be
published, in any format or medium.
10.Listings included in Qwest's DAL information and marked to
indicate a restriction on use , or to indicate a restriction on inclusion of Listing
information in Directory Assistance Service applications and/or in published
directories, shall be used by CLEC only in a manner that is consistent with each
such restriction and that does not violate a restriction , including the following.
10.Restriction indicators on DAL information include:
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Privacy indicators
indicators;
including nonpublished and nonlisted
No solicitation indicators;
Omit from address directories indicators; and
Omit from telemarketing, direct mail , and e-mail lists indicators.
10.Nonlisted Listings and nonpublished Listings shall
not be included in any directory produced in any format or medium.
10.Nonpublished Listings information provided in DAL
information shall not be used for any purpose except for providing
Directory Assistance Services. When used in Directory Assistance
Services applications, nonpublished Listings shall not be used for any
purpose other than in matching a search query. The nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.If CLEC purchases use of DAL information under this Agreement, CLEC
will obtain and timely enter into its Directory Assistance Database daily updates of the
DAL information, will implement quality assurance procedures such as random testing
for Directory Assistance Listing accuracy, and will identify itself to End User Customers
calling its Directory Assistance Service either by company name or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.Intentionally Left Blank.
10.2.4 Qwest shall retain all right, title, interest and ownership in and to the DA
Listing information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of
non-published status) of Qwest's End User Customers to a third party calling its
Directory Assistance for such information, the fact that such End User Customer
subscribes to Qwest's Telecommunications Services is Confidential and Proprietary
Information and shall not be disclosed to any third party.
10.Each Party shall take commercially reasonable and prudent measures to
prevent unlawful use of Qwest's DAL information at least equal to the measures it takes
to protect its own Confidential and Proprietary Information, including but not limited to
implementing adequate computer security measures to prevent unauthorized access to
Qwest's DAL information when contained in any database.
10.CLEC shall include in its sublicense agreement with directory
publishers, at a minimum; 1) a restriction limiting use of DAL information to
purposes of directory publishing; 2) a requirement that the directory publisher
abide by all privacy indicators in any directories published in any format or
medium; 3) Qwest as third party beneficiary; and 4) the following language:
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Publisher shall not sublicense, copy, or allow any third party, with
the exception of End User Customers and corporate affiliates for
purposes associated with the use of directories and for publishing
directories, to access, down load, copy or use DAL information, or
any portions thereof, or any information extracted there from.
Each Party shall take commercially reasonable and prudent
measures to prevent disclosure and unauthorized use of the DAL
information at least equal to the measures it takes to protect its
own confidential and proprietary information , including but not
limited to implementing adequate computer security measures to
prevent unauthorized access to the DAL information when
contained in any database.
10.Qwest shall have the right to review CLEC's form
sublicense agreement and CLEC shall not make changes to that form
which will materially affect Qwest's rights under this Agreement.
10.Unauthorized use of Qwest's DAL information , or any disclosure
to a third party of the fact that an End User Customer, whose Listing is furnishedin the DA List, subscribes to Qwest', another Local Exchange Carrier
Reseller s or CMRS's Telecommunications Services shall be considered
material breach of this Agreement and shall be resolved under the Dispute
Resolution provisions of this Agreement.
10.Within five (5) Days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DAL information which it
has in its possession or control , (b) extract and expunge any and all copies of such DAL
information , any portions thereof, and any and all information extracted there from, from
its files and records, whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Qwest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party Carriers if the certification pertains to such Carriers' DAL information
contained in Qwest's database:
10.CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer information contained within the
DAL information. CLEC must remove from its database any telephone number for an
End User Customer whose Listing has become non published when so notified by
Qwest.
10.Audits -- In accordance with Section 18, Qwest may request a
comprehensive audit of CLEC's use of the DAL information. In addition to the terms
specified in Section 18, the following also apply:
10.As used herein
, "
Audit" shall mean a comprehensive review of
the other Party s delivery and use of the DAL information provided hereunder and
such other Party's performance of its obligations under this Agreement. Either
Party (the Requesting Party) may perform up to two (2) Audits per twelve (12)
month period commencing with the Effective Date of this Agreement. Qwest shall
be entitled to "seed" or specially code some or all of the DAL information that it
provides hereunder in order to trace such information during an Audit and ensure
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compliance with the disclosure and use restrictions set forth in this Section 10.
10.All paper and electronic records will be subject to Audit.
10.CLEC recognizes that certain Carriers who have provided DAL
information that is included in Qwest's database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their DAL information.
10.CLEC indemnifies Qwest for any and all 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) raised by these
Carriers, whether formal or informal and will handle all communications with
these Carriers regarding this matter.
10.10 Qwest will provide a non-discriminatory process and procedure for
contacting End User Customers with nonpublished telephone numbers in emergency
situations for nonpublished telephone numbers that are included in Qwest's Directory
Assistance Database. Such process and procedure will be available to CLEC for
CLEC's use when CLEC provides its own directory assistance service and purchases
Qwest's DAL product.
10.3 Rate Elements
Recurring and nonrecurring rate elements for DAL information are described below and rates
are contained in Exhibit A of this Agreement.
10.Initial Database Load -- A "snapshot" of data in the Qwest DAL
information database or portion of the database at the time the order is received.
10.Reload -- A "snapshot" of the data in the Qwest DAL information
database or portion of the database required in order to refresh the data in CLEC'
database.
10.Daily Updates -- Daily change activity affecting DAL information in the
Listings database.
10.3.4 One-Time Set-Up Fees -- Charges for special database loads.
10.Output Charges -- Media charges resulting from the electronic
transmission of the DAL information.
10.4 Ordering
10.6.4.CLEC may order the initial DAL information load or update files for
Qwest's local Exchange Service areas in its 14 state operating territory or on a state-
specific basis, or, where Technically Feasible CLEC may order the initial DAL
information load or update files by Qwest White Page Directory Code or NPA.
10.6.4.Special requests for data at specific geographic levels (such as ' NPA)
must be negotiated in order to address data integrity issues.
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10.6.4.CLEC shall use the DAL Order Form found in the PCA
10.Toll and Assistance Operator Services
10.1 Description
10.Toll and assistance operator services (operator services) are a family of
offerings that assist CLEC's resale and facilities-based End User Customers in making
and receiving EAS/local and IntraLATA Toll calls. Operator services provided to CLEC
include non-discriminatory access to Qwest operator service centers, services, and
personnel. If facilities-based CLEC using Qwest's, its own , or a third party s Switch(es)
chooses to access Qwest's operator services, they are provided to CLEC under this
Agreement pursuant to Section 251 (b )(3) of the Act. As such , the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Operator services shall be provided to
CLEC as a facilities-based provider at the market-based rates contained in Exhibit A.
10.EAS/Local and IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local
and IntraLATA Toll calls, connects CLEC End User Customers to Qwest's
Directory Assistance Service, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
Qwest's customary practice for providing End User Customer assistance.
10.Intentionally Left Blank.
10.Emergency Assistance. Provides assistance for handling
CLEC's End User Customer s EAS/local and IntraLATA Toll calls to emergency
agencies , including but not limited to, police, sheriff, highway patrol and fire.
CLEC is responsible for providing Qwest with the appropriate emergency agency
numbers and updates.
10.1.4 Busy Line Verification (BLV) is performed when CLEC's End
User Customers request assistance from the operator bureau to determine if a
called line is in use. The operator will not complete the call for the calling party
initiating the BLV inquiry. Only one BLV attempt will be made per call, and acharge shall apply.
10.Busy Line Interrupt (BLI) is performed when CLEC's End User
Customers request assistance from the operator to interrupt a telephone call in
progress. The operator will interrupt the busy line and inform the called party that
there is a call waiting. The operator will not connect the calling and called
parties. The operator will make only one BLI attempt per call and the applicable
charge applies whether or not the called party releases the line.
10.Quote Service - Provides time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.7 CLEC-Specific Call Branding Service. Provides CLEC's End User
Customers the operator services listed in this Section branded with the brand of
CLEC (CLEC-specific branding), where Technically Feasible, or with a generic
brand. CLEC-specific Call Branding announces CLEC's name to CLEC's End
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User Customer at the start and completion of the call. Generic branding does not
announce any provider s name. CLEC-specific and generic Call Branding are
optional services available to CLEC.
10.Front End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the start of the call.
10.Back End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the completion of the call.
10.2 Terms and Conditions
10.Operator services accessed over CLEC's resold local exchange lines
include terms and conditions (except prices) for operator services 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. Operator services are
available to facilities-based CLEC as described in this Section 10., unless otherwise
noted.
10.Qwest does not authorize CLEC to offer Qwest the incumbent
local exchange carrier (ILEC) as a Local Primary Interexchange Carrier (LPIC) to
its existing or new End User Customers on Qwest's behalf. If CLEC assigns
Qwest the ILEC, LPIC 5123 , to CLEC's existing or new End User Customers,
Qwest will bill reseller CLEC for IntraLATA Toll services at the Qwest retail rate
less the wholesale discount contained in Exhibit A, if any, and will bill facilities-
based CLEC at the rates contained or referenced in Exhibit A, and Qwest will not
directly bill CLEC's End User Customers for such IntraLATA Toll services.
10.If CLEC assigns Qwest the ILEC, PIC 5123, to CLEC's existing or
new End User Customers, transport beyond Qwest's local interoffice network for
IntraLATA Toll services will be provided over Qwest's IntraLATA Toll network.
Routing tables resident in Qwest's Switch(es) will direct CLEC's traffic over
Qwest's interoffice message trunk network.
10.3 If, during the term of this Agreement, Qwest the ILEC offers
IntraLATA Toll services directly to CLEC's End User Customers, Qwest will
establish its own billing relationship with such End User Customers, and Qwest
will not bill CLEC, and CLEC shall have no obligation to pay Qwest, for such
IntraLATA Toll services Qwest provides to CLEC's End User Customers.
10.For facilities-based CLEC using its own or a third party's Switch(es),
Interconnection to Qwest's operator services Switch is Technically Feasible at two (2)
distinct points on the Trunk Side of the Switch. The first connection point is an operator
services trunk connected directly to the Qwest operator services host Switch. The
second connection point is an operator services trunk connected directly to a remote
Qwest operator services Switch.
10.Trunk Provisioning and facility ownership must follow Qwest guidelines.
10.In order for CLEC to use Qwest's operator services as a facilities-based
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CLEC using its own or a third party's Switch(es), CLEC must provide an operator service
trunk between CLEC's End Office Switch and the Interconnection point on the Qwest
operator services Switch for each NPA served.
10.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.Each Party s operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BLV/BLI
traffic between the Parties' networks.
10.6 Facilities-based CLEC using its own or a third party s Switch(es) will
provide separate no-test trunks (not the 10cal/lntraLATA trunks) to the Qwest BLV/BLI
hub or to the Qwest operator services Switches.
10.Qwest will perform operator services in accordance with operating
methods , practices, and standards in effect for all its End User Customers, including
making and receiving EAS/local and IntraLATA Toll calls. Qwest will respond to CLEC'
End User Customer calls to Qwest's operator services according to the same priority
scheme as it responds to Qwest's End User Customer calls. Calls to Qwest's operator
services are handled on a first come, first served basis, without regard to whether calls
are originated by CLEC or Qwest End User Customers.
10.Qwest will provide operator services to CLEC where Technically Feasible
and facilities are available. Qwest may from time-to-time modify and change the nature
extent, and detail of specific operator services available to its retail End User Customers
and to the extent it does so, Qwest will provide notice to CLEC on a timely basis
consistent with Commission rules and notice requirements.
10.Qwest shall maintain adequate equipment and personnel to reasonably
perform the operator services. Facilities-based CLEC using its own or a third party'
Switch( es) shall provide and maintain the facilities necessary to connect its End User
Customers to the locations where Qwest provides the operator services and to provide
all information and data needed or reasonably requested by Qwest in order to perform
the operator services.
10.Intentionally Left Blank.
10.11 CLEC-specific Call Branding for operator services includes recording and
setting up CLEC's brand message and loading the brand message into Qwest's
Switch(es). Qwest will record CLEC's brand message.
10.Intentionally Left Blank.
10.13 Reseller CLEC's End User Customers dial the same number Qwest's
own End User Customers dial to access operator services, including "0" or "
Facilities-based CLEC using its own or a third party's Switch(es) may choose to have its
End User Customers access Qwest operators by dialing a unique number or by using
the same dialing pattern as used by Qwest End User Customers.
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10.Rate Elements
The following rate elements apply to operator services. Operator services are provided to
CLEC for resale with resold local exchange lines at the Qwest retail price less the wholesale
discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilities-
based provider at the market-based prices contained in Exhibit A.
10.Operator services are priced on a per call basis, as follows.
10.Operator Services Calls - Charges apply for each completed
call handled by operator services, including EAS/local calls and IntraLATA Toll
calls made , or received and accepted , by CLEC's End User Customer.
10.Intentionally Left Blank.
10.Intentionally Left Blank.
10.1.4 Intentionally Left Blank.
10.Intentionally Left Blank.
10.Busy Line Verify - Charges apply for each call where the
operator determines that conversation exists on a line.
10.Busy Line Interrupt - Charges apply for each call where the
operator interrupts conversation on a busy line and requests release of the line.
10.Operator Assistance - Charges apply for operator assistance
whether a call is completed or not, that does not otherwise generate an operator
surcharge as described in this Section. These calls include, but are not limited
to: calls given the DDD rate because of transmission problems; calls where the
operator has determined there should be no charge, such as Busy Line Verify
attempts where conversation was not found on the line; calls where CLECs' End
User Customer requests information from the operator and no attempt is made to
complete a call; and calls for quotation service.
10.9 "Completed call" as used in this Section shall mean that CLEC'
End User Customer makes contact with the location, telephone number, person
or extension designated by the End User Customer.
10.Intentionally Left Blank.
10.3 CLEC-Specific Call Branding Nonrecurring Charges. Qwest will charge
CLEC a nonrecurring set-up and recording fee for establishing CLEC-specific Call
Branding, and for loading CLEC's brand message in Qwest's Switch(es). CLEC must
pay such nonrecurring charges prior to commencement of CLEC-specific branding. The
nonrecurring charges apply each time CLEC's brand message is changed. The
nonrecurring charge to load the Switches with CLEC's branded message will be
assessed each time there is any change to the Switch.
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10.4 Ordering Process
CLEC will order operator services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Competitive Local Exchange Carriers.Copies of this
questionnaire may be obtained from CLEC's designated Qwest account manager.
10.5 Billing
10.Qwest will track usage and bill CLEC for the calls made and received by
CLEC's End User Customers and facilities.
10.Qwest will compute CLEC's invoice based on calls made and received by
CLEC's End User Customers.
10.3 If, due to equipment malfunction or other error, Qwest does not have
available the necessary information to compile an accurate Billing statement, Qwest may
render a reasonably estimated bill, but shall notify CLEC of such estimate and cooperate
in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bill
reflecting actual billable quantities when and if the information necessary for the Billing
statement becomes available.
10.5.4 Qwest shall provide to CLEC usage information within Qwest's control
with respect to calls originated by or terminated to CLEC's End User Customers in the
form of the actual information that is comparable to the information Qwest uses to bill its
own End User Customers. Without limiting the generality of the foregoing, Qwest shall
provide CLEC with Daily Usage Feed (DUF) billing information.
10.Qwest will provide DUF records for all usage billable to CLEC's lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI), and Qwest-ILEC-provided
intra LATA Toll. These records will be provided as Category 01 or Category 10 EMI
records.
10.If CLEC assigns Qwest the ILEC to provide IntraLATA Toll services for its
End User Customers, Qwest shall bill CLEC and CLEC shall pay Qwest for such
services in accordance with Exhibit A.
10.Access to Poles, Ducts, Conduits, and Rights of Way
10.1 Description
10.Pole Attachments - Where it has ownership or control to do so, Qwest
will provide CLEC with access to available Pole Attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by Qwest.
10.Ducts and Conduits - Where it has ownership or controlto do so , Qwest
will provide CLEC with access to available ducts/conduits for the purpose of placing
facilities for transmitting Telecommunications Services. A spare duct/conduit will be
leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC
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may place innerduct in an empty duct/conduit. Control of CLEC-installed spare
innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct
shall vest to Qwest if and when CLEC abandons such innerduct. Within a multiple
tenant environment (MTE), duct may traverse building Entrance Facilities, building
entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or
building riser.
10.The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges, public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilities , building entrance links
equipment rooms, Remote Terminals, cable vaults , telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
10.The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1%-inch innerduct.
10.Rights of Way (ROW) - Where it has ownership or control to do so
Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit D, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by Qwest and may
run under, on, above, across , along or through public or private property or enter
multiple tenant environments.
10.ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental , federal or Native
American, or other quasi-public or non-private lands, sufficient to permit Qwest to
place Telecommunications facilities on such real property; such property owner
may permit Qwest to install and maintain facilities under, on , above, across
along or through private property or enter multiple tenant environments. Within a
multiple tenant environment, a ROW includes a pathway that is actually used or
has been specifically designated for use by Qwest as part of its transmission and
distribution network where the boundaries of the pathway are clearly defined
either by written specifications or unambiguous physical demarcation.
10.1.4 Intentionally Left Blank.
10.The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Law as defined in this Agreement.
10.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
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10.A PDR Transfer of Responsibility request received by Qwest is
irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
10.2 Terms and Conditions
Qwest shall provide CLEC non-discriminatory access to poles, ducts , conduit and Rights of Way
(ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment
and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D.
Qwest will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and
Rights of Way (ROW). Qwest shall not give itself preference when assigning space.
10.Subject to the provisions of this Agreement, Qwest agrees to issue to
CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/duct/innerduct or ROW owned
controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local , state
and/or federal requirements.
10.Qwest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
10.Federal requirements , such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwestfacilities under Section 224(f)(1) of the Act.
10.2.4 CLEC shall provide access to a map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points
the identification and location of the poles/duct/innerduct and ROWand a description of
CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats, maps
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location , span more than five (5)
Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests will be provided within a reasonable
interval, not to exceed forty-five (45) Days.
10.Except as expressly provided herein , or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install , modify or
place any poles/duct/innerduct or other facility for use by CLEC.
10.Qwest retains the right to determine the availability of space on
poles/duct/innerduct, conduit and ROW consistent with 47 U.C. ~ 224 and FCC
orders , rules and regulations pursuant to 47 U.C. ~ 224. In the event Qwest
determines that rearrangement of the existing facilities on poles , duct/innerduct/conduit
and ROW is required before CLEC's facilities can be accommodated , the actual cost of
such modification will be included in CLEC's nonrecurring charges for the associated
order (Make-Ready fee). When modifications to a Qwest spare duct/conduit include the
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placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill
the duct/conduit to its full capacity.
10.8.2.Qwest shall make manhole ingress and egress for duct/innerduct access
available to CLEC. Qwest will perform a feasibility study to determine whether to
provide a stub out via the pre-constructed knock out within the manhole, or to perform a
core drill of the manhole.
10.Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental, federal , Native American , and private rights of way. CLEC shall obtain
any permits, licenses , bonds, or other necessary legal authority and permission , at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained, all such work may be performed by Qwest or CLEC
at the option of CLEC.
10.Access to a Qwest Central Office manhole will be permitted where
Technically Feasible. If space is available, Qwest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
CLEC can establish the necessity and Technical Feasibility of splicing in the Central
Office manhole, such action shall be permitted.
10.10 Replacement/Modification/lnstallation - If CLEC requests Qwest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC , CLEC shall pay Qwest the total actual replacement cost, Qwest'
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and
the actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Qwest.
10.10.Upon request Qwest shall permit CLEC to install
poles/duct/innerduct. Qwest reserves the right to reject any non-conforming
replacement pole/duct/innerduct installed by CLEC that does not conform to the
NESC, OSHA or local ordinances.
10.10.To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Qwest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC , Qwest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
requirements will be deemed to be sharing in the modification and will be
responsible for its share of the modification cost. Attaching entities will not be
responsible . for sharing in the cost of governmentally mandated pole or other
facility modification. Qwest does not and will not favor itself over other Carriers
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when Provisioning access to poles , innerduct and rights-of-way.
10.10.The modifying party or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as
a result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwest's expense shall be provided to CLEC at least sixty (60) Days prior to beginning
modifications. Such notification shall include a brief description of the nature and scope
of the modification. If CLEC does not respond to a requested rearrangement of its
facilities within sixty (60) Days after receipt of written notice from Qwest requesting
rearrangement, Qwest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/duct/innerduct completed at Qwest'
expense.
10.12 Qwest reserves the right to make an on-site/final construction inspection
of CLEC's facilities occupying the poles/duct/innerduct system. CLEC shall reimburse
Qwest for the actual cost of such inspections except where specified in this Section.
10.13 When final construction inspection by Qwest has been completed, CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Qwest in its written notice. If corrections are not completed within the
specified reasonable period occupancy authorizations for the ROW
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith , regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct or ROW in accordance with the provisions of this Section , provided
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. Qwest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties, Qwest shall perform or have performed such
corrections and CLEC shall pay Qwest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Qwest.
10.14 Once CLEC's facilities begin occupying the poles/duct/innerduct or ROW
system, Qwest may perform a reasonable number of inspections. Qwest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections
and re-inspections , as required. CLEC's representative may accompany Qwest on such
field inspections. The cost of periodic inspection or any special inspections found
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necessary due to the existence of sub-standard or unauthorized occupancies shall be
billed separately.
10.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to CLEC upon completion
of the inspections.
10.16 Final construction , subsequent, and periodic inspections or the failure to
make such inspections , shall not relieve CLEC of any responsibilities , obligations, or
liability assigned under this Agreement.
10.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwest's workers. CLEC may use any contractor approved
by Qwest to perform make-ready work.
10.18 If Qwest terminates an order for cause, or if CLEC terminates an order
without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated order(s) and shall remove its
facilities from the poles/duct/innerduct within sixty (60) Days, or cause Qwest to remove
its facilities from the poles/duct/innerduct at CLEC's expense; provided, however, that
CLEC shall be liable for and pay all fees and charges provided for in this Agreement to
Qwest until CLEC's facilities are physically removed. "Cause" as used herein shall
include CLEC's use of its facilities in material violation of any Applicable Law or in aid ofany unlawful act or making an unauthorized modification to Qwest'
poles/duct/innerduct, or, in the case of ROW, any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Qwest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest
or its predecessor.
10.19 Qwest may abandon or sell any poles/duct/innerduct/conduit or ROW at
any time by giving written notice to CLEC. Any poles/duct/innerduct/conduit or ROW
that is sold , will be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/duct/innerduct/conduit or ROW, and with the concurrence of the other joint
user(s), if necessary, CLEC shall, within sixty (60) Days of such notice, either: 1)
continue to occupy the poles/duct/innerduct/conduit or ROW pursuant to its existing
rights under this Agreement if the poles/duct/innerduct/conduit or ROW is purchased by
another party; 2) purchase the poles/duct/innerduct/conduit or ROW from Qwest at the
current market value; or 3) remove its facilities there from. Failure to explicitly elect one
of the foregoing options within sixty (60) Days shall be deemed an election to purchase
the poles/duct/innerduct/conduit or ROW at the current market value if no other party
purchased the poles/duct/innerduct/conduit or ROW within this sixty (60) Day period.
10.20 CLEC's facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code , and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its
Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities
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in accordance with the above requirements or failure to correct as provided in Section
10.13 shall be cause for termination of the order. CLEC shall in a timely manner
comply with all requests from Qwest to bring its facilities into compliance with these
terms and conditions.
10.21 Should Qwest under the provisions of this Agreement remove CLEC'
facilities from the poles/ducUinnerduct covered by any order, Qwest will deliver the
facilities removed upon payment by CLEC of the cost of removal , storage and delivery,
and all other amounts due Qwest. If CLEC removes facilities from poles/ducUinnerductfor other than repair or maintenance purposes , no replacement on the
poles/ducUinnerduct shall be made until all outstanding charges due Qwest for previous
occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on
which the removal of facilities from the poles/ducUinnerduct has been completed.
10.22 If any facilities are found attached to poles/ducUinnerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.C. 96621, Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. Qwest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid order for the attachment in
the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e., pulling additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Qwest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Qwest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Qwest of the unauthorized occupancy, a poles/ducUinnerduct
application. If such application is not received by Qwest within the specified time period
CLEC will be required to remove its unauthorized facility within thirty (30) Days of the
final date for submitting the required application, or Qwest may remove CLEC's facilities
without liability, and the cost of such removal shall be borne by CLEC.
10.23 No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Qwest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from itsinception.
10.24 Qwest will provide CLEC non-discriminatory access
poles/ducts/innerducts/conduits and ROW pursuant to 47 U.C. 9 224 and FCC orders
rules and regulations pursuant to 47 U.C. 9224. In the event of a conflict between this
Agreement, on one hand, and 47 U.C. 9 224 and FCC orders, rules and regulations
pursuant to 47 U.C. 9 224, on the other, 47 U.C. 9 224 and FCC orders, rules and
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regulations pursuant to 47 U.C. 9 224 shall govern. Further, in the event of a conflict
between Exhibit D , on one hand, and this Agreement or 47 U.C. 9 224 and FCC
orders, rules and regulations pursuant to 47 U.C. 9 224, on the other, this Agreement
or 47 U.C. 9224 and FCC orders, rules and regulations pursuant to 47 U.C. 9 224
shall govern , provided however, that any Access Agreement that has been duly
executed, acknowledged and recorded in the real property records for the county in
which the ROW is located shall govern in any event pursuant to its terms.
10.25 Nothing in this Agreement shall require Qwest to exercise eminent
domain on behalf of CLEC.
10.2.26 Qwest will not enter into ROW agreements for the provision of
Telecommunications Services, including agreements relating to ROW within multiple
tenant environments , that preclude CLEC from using ROW. over which Qwest has
ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom
Qwest has an ROW agreement, the following:
10.26.that the ROW agreement with Qwest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.2.26.that there will be no penalty under the agreement between the
landowner and Qwest if the landowner enters into a ROW agreement with CLEC.
10.27 For purposes of permitting CLEC to determine whether Qwest has
ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, that grants Qwest access to, ownership of, or
control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will
provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit
a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant
environment or route for each agreement.
10.2.27.Upon receipt of a completed Attachment 1., Qwest will prepare
and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days,
which will identify (a) the owner of the duct/conduit or ROW or multiple tenant
environment as reflected in Qwest's records, and (b) whether or not Qwest has a
copy of an agreement that provides Qwest access to duct/conduit or ROW or
multiple tenant environment in its possession. Qwest makes no representations
or warranties regarding the accuracy of its records, and CLEC acknowledges that
the original property owner may not be the current owner of the property.
10.27.Qwest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will
provide to CLEC a copy of an agreement listed in the MTEmatrix or ROW
matrix, as applicable, that has not been publicly recorded after CLEC obtains
authorization for such disclosure from the third party owner(s) of the real property
at issue by presenting to Qwest an executed version of the Consent to
Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement.
In lieu of submission of the Consent to Disclosure form, CLEC must comply with
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the indemnification requirements in Section 10.8.4.
10.27.As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Qwest access to a multiple tenant environment that
Qwest provides to CLEC or that CLEC obtains from the multiple tenant
environment owner or operator, Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to CLEC
and shall require that the multiple tenant environment owner or operator make
similar redaction s prior to disclosure of the agreement.
10.27.4 In all instances , CLEC will use agreements only for the following
purposes: (a) to determine whether Qwest has ownership or control over duct
conduits, or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilities and the
owner s facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.28 In cities where Qwest has deployed microduct technology but no vacant
microduct is available on the specified route CLEC may request Qwest to place
microduct along the desired route or CLEC can choose to place microduct that must
meet Qwest specifications.
10.29 In cities where Qwest has not deployed microduct and CLEC wishes to
use this technology, CLEC must lease an innerduct. In these locations CLEC will be
required to furnish and place the microduct. At the conclusion of the lease, CLEC and
Qwest will make a joint decision whether or not CLEC will be required to remove CLEC'
microduct from the innerduct.
10.30 If any microduct is found occupying facilities for which no order is in
effect, Qwest, without prejudice to its other rights or remedies, may assess a charge and
CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two (2)
manholes for the number of years since the most recent inventory, or (b) five (5) times
the annual fee per microduct run between two (2) manholes.
10.30.In addition , CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.C 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.30.Qwest shall waive half the unauthorized occupancy fee if the
following conditions are met:
10.30.1 CLEC cures such unauthorized occupancy by removing it
or submitting a valid order for the attachment within thirty (30) days of
written notification from Qwest.
10.30.2 The unauthorized occupancy did not require Qwest to take
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curative measures (e., pulling additional microduct) prior to cure by
CLEC.
10.30.3 CLEC reimburses Qwest for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. Qwest shall also
waive the unauthorized occupancy fee if the unauthorized occupancy
arose due to error by Qwest rather than CLEC. CLEC is required to
submit in writing, within ten (10) business days after receipt of written
notification from Qwest of the unauthorized occupancy, a
Poles/Duct/lnnerduct/Microduct Application. If such application is not
received by Qwest within the specified time period , CLEC will be required
to remove its unauthorized facility within thirty (30) Days of the final date
for submitting the required application, or Qwest may remove CLEC'
facilities without liability, and the cost of such removal shall be borne by
CLEC.
10.31 To be eligible for PDR Transfer of Responsibility of the
occupancy of space for poles or conduit, vacating CLEC must have a valid Agreement in
place for those facilities specified for transfer.
10.8.2.31.The assuming CLEC is required to have an Agreement with
Qwest that includes all elements involved in the transfer.
10.31.The Agreement referenced in the PDR Transfer of
Responsibility request will be transferred either in its entirety or portion thereof as
specified in the PDR Transfer of Responsibility Application Form and Transfer
Authorization Agreement.
10.31.The PDR Transfer of Responsibility includes changing the
following Qwest items: Customer name, Access Carrier Name Abbreviation
(ACNA), Master Customer Number (MCN), customer address , telephone
number, billing and contact information , and contact telephone number. The
eight (8) character CLEC CLLlTM code will remain the same.
10.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.9 365.61. The negotiation of the terms and conditions
between vacating CLEC and assuming CLEC is the responsibility of those two
parties. Qwest does not participate in these discussions. Qwest manages the
database and records the transfer.
10.31.
facilities.
Qwest is not responsible for the physical condition of CLEC'
10.31.Prior to submission of a PDR Transfer of Responsibility request
all work in progress must be negotiated between vacating and assuming CLEC.
10.31.Prior to submitting a Transfer of Responsibility request
assuming CLEC's financial obligations to Qwest must be in good standing. If
vacating CLEC is unable to meet its financial obligations, assuming CLEC will be
required to assume the financial obligations of vacating CLEC.
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10.31.Vacating and assuming CLEC must provide Qwest a signed
Qwest PDR Transfer Authorization Agreement providing the following
information: All Qwest Central Office Service Areas that may apply, PDR Billing
Authorization Numbers (BAN), requested completion date (not binding), and
state-specific charge for the transfer as indicated in Exhibit A.
10.8.2.31.Once the transfer request is accepted, Qwest will submit the
signed PDR Transfer of Responsibility Request Consent Form to vacating and
assuming CLECs and the transfer will be completed.
10.Rate Elements
Qwest recurring and nonrecurring charges for attachments are in accordance with Section 224
of the Act and FCC orders, rules and regulations promulgated there under and with rates
established by the Commission. Charges are included in Exhibit
10.Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for
each ROW, the name of the original grantor and the nature of the ROW (Le., publicly
recorded and non-recorded) and the MTE matrix or ROW matrix , as applicable, which
identifies each requested legal agreement between Qwest and a third party who has a
multiple tenant environment in Qwest's possession that relates to Telecommunications
Services provided to or through real property owned by the third party (MTE Agreement)
and, for each such MTE Agreement, the name of the third party. Separate Inquiry Fees
apply for ROW, poles and duct/conduit/innerduct.
10.Field Verification Fee/Access Agreement Preparation Fee. In the case of
poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required make-ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable , pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
billed in advance.
10.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge
which recovers the cost of necessary work required to make the requested facility/ROW
available for access. For innerduct, this could include, but is not limited to, the placing of
innerduct in conduit/duct systems or core drilling of manholes. For Pole Attachment
requests , this could include, but is not limited to, the replacement of poles to meet
required clearances over roads or land. For ROW, this make-ready could include, but is
not limited to, personnel time , including attorney time. With respect to ROW, make-
ready work refers to legal or other investigation or analysis arising out of CLEC's failure
to comply with the process described in Exhibit D for ROW, or other circumstances
giving rise to such work beyond the simple preparation of one or more Access
Agreements. The estimated pre-paid fee shall be billed in advance.
10.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy,
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including during any make-ready period, of one (1) foot of pole space (except for
antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual.
10.Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period , of an innerduct on a per foot basis.
This fee shall be annual unless CLEC requests that it be semi-annual.
10.Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(i.e., nonrecurring) fee.
10.Microduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period , and billed annually per microduct
per foot.
10.PDR Transfer of Responsibility. Vacating CLEC will not incur charges for
a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for
assuming CLEC will be a nonrecurring charge associated with the transfer of theagreement.
10.Ordering
There are two (2) steps required before placing an order for access to ROW, ducUinnerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or ducUinnerduct occupancy, Qwest will provide CLEC with Exhibit D. CLEC
will review the documents and provide Qwest with maps of the desired area indicatingthe routes and entrance points for proposed attachment, proposed occupancy or
proposed CLEC construction on Qwest owned or controlled poles , ducUinnerduct and
ROW as well as the street addresses of any multiple tenant environments upon or
through which CLEC proposes construction on ROW owned or controlled by Qwest.
CLEC will include the appropriate inquiry fee with a completed Attachment 1.A from
Exhibit D.
10.8.4.Inquiry Review - DucUConduiUlnnerduct. Qwest will complete
the database inquiry and prepare a ducUconduit structure diagram (referred to as
a "Flatline ) which shows distances and access points (such as manholes).
Along with the Flatline will be estimated costs for field verification of available
facilities. These materials will be provided to CLEC within ten (10) Days or within
the time frames of the applicable federal or state law, rule or regulation.
10.8.4.Inquiry Review - Poles. Qwest will provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.B of
Exhibit D within ten (10) Days of the request.
10.8.4.Inquiry Review - ROW. Qwest shall, upon request of CLEC,
provide the ROW matrix, the MTE matrix and a copy of all publicly recorded
agreements listed in those matrices to CLEC within ten (10) Days of the request.
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Qwest will provide to CLEC a copy of agreements listed in the matrices that have
not been publicly recorded if CLEC obtains authorization for such disclosure from
the third party owner(s) of the real property at issue by an executed version of
the Consent to Disclosure form , which is included in Exhibit 0, Attachment 4.
Qwest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Qwest provides to CLEC. Any
dispute over whether terms have been redacted appropriately shall be resolved
pursuant to the Dispute Resolution procedures set forth in this Agreement.
Alternatively, in order to secure any agreement that has not been publicly
recorded , CLEC may provide a legally binding and satisfactory agreement to
indemnify Qwest in the event of any legal action arising out of Qwest's provision
of such agreement toCLEC. In that event, CLEC shall not be required to providean executed Consent to Disclosure form. Qwest makes no warranties
concerning the accuracy of the information provided to CLEC; CLEC expressly
acknowledges that Qwest's files contain only the original ROW instruments, and
that the current owner(s) of the fee estate may not be the party identified in the
document provided by Qwest.
10.8.4.Field Verification - Poles Duct/lnnerduct and Access Agreement
Preparation (ROW). CLEC will review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired , CLEC will sign and
return Attachment 1.B of Exhibit D along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10 (ten dollars) per
Access Agreement as consideration for the Access Agreement. Upon payment of the
relevant fee and Access Agreement consideration , if applicable, Qwest will provide, as
applicable, depending on whether the request is for poles, duct/innerduct/conduit, or
ROW: (a) in the case of duct/innerduct/conduit, a field survey and site investigation of
the duct/innerduct/conduit, including the preparation of distances and drawings, to
determine availability of existing duct/innerduct/conduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work will be
completed; and, the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW , the completed Access Agreement(s), executed and
acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instructions , terms and conditions set forth in Exhibit D, the Access
Agreement becomes effective to convey the interest identified in the Access Agreement
(if any). Any dispute regarding whether a legal agreement conveys a ROW shall be
resolved between CLEC and the relevant third party or parties, and such disputes shall
not involve Qwest; and/or (c) in the case of poles, estimates of make-ready costs and
the annual recurring prices associated with the attachment of facilities shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by
Qwest not later than forty-five (45) Days after CLEC's submission of the inquiry request.
Make-ready time, if any, and CLEC review time is not part of the forty-five (45) Day
interval. The Attachment 2 quotation shall be valid for ninety (90) Days.
10.8.4.2.1 CLEC-Performed Field Verification. At the option of CLEC, it
may perform its own field verification (in lieu of Qwest performing same) with the
following stipulations: 1) Verifications will be conducted by a Qwest approved
contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and
a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest with a
legible copy of manhole butterfly drawings that reflect necessary make-ready
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effort; and 4) Qwest will use CLEC-provided butterfly drawings and
documentation to check against existing jobs and provide a final field report of
available duct/innerduct. CLEC will be charged standard rates for tactical
planner time.
10.8.4.Order - Poles and Duct/lnnerduct. The review, signing and return . of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an order for the attachment or occupancy. Upon
receipt of the accepted order from CLEC and applicable payment for the fees identified
Qwest will assign the requested space and commence any make-ready work which may
be required. Qwest will notify CLEC when poles/duct/innerduct are ready.
10.8.4.4 Make;.Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.If Qwest requests, CLEC will be responsible for payment of the
actual Make-Ready costs determined if such costs exceed the estimate. Such
payment shall be made within thirty (30) Days of receipt of an invoice for the
costs that exceed the estimate.
10.8.4.4.Within fifteen (15) business days of a request, Qwest will
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided , however, that, if Qwest does not possess all such records at the time of
the request, then Qwest will provide copies of such records within fifteen (15)
business days of receipt of such records. CLEC must request such records , if at
all , within sixty (60) Days after written notification of the completion of the Make-
Ready work.
10.8.4.4.If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will be issued upon request. Such request
must be received within sixty (60) Days following CLEC's receipt of copies of
records if CLEC has requested records under this paragraph , or within sixty (60)
Days after written notification of the completion of Make-Ready work if CLEC has
not requested records under this paragraph. Such credit will issue within ten (10)
business days of Qwest's receipt of either all records related to such actual costs
or CLEC's request for credit, whichever comes last, but in no event later than
ninety (90) Days following the request for credit.
10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, Qwest denies the request for poles, ducts or ROW, upon
CLEC request, Qwest will also refund the difference between the actual Make-
Ready costs incurred and those prepaid by CLEC, if any. Such request must be
made within thirty (30) Days of CLEC's receipt of written denial or notification of
cancellation. Any such refund shall be made within tem (10) business days of
either receipt of CLEC's request or Qwest's receipt of all records relating to the
actual costs, whichever comes last, but in no event later than ninety (90) Days
following the denial.
10.8.4.The PDR Transfer of Responsibility process requires the
submission of the DPR Transfer of Responsibility Application Form containing
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information for both the vacating and assuming CLECs , a signed Qwest PDR Transfer
Authorization Agreement, and full payment of the quoted PDR Transfer of Responsibility
charge. .
10.8.4.The PDR Transfer of Responsibility Application Form and
Transfer Authorization Agreement are on Qwest'web site at:
http://www.qwest.com/whoiesale/pcat/poleductrow.htmi.
10.8.4.The PDR Transfer of Responsibility Application Form and an
electronic version of the Transfer Authorization Agreement with "Agreed" entered
in the designated signature blocks (this will act as your electronic signature) must
be submitted to wsst~qwest.com.
10.8.4.The printed and signed PDR Transfer Authorization Agreement
and full payment is to be mailed to: Resource Allocation 700 W. Mineral MT-
G28., Littleton CO 80120.
10.5 Billing
10.CLEC agrees to pay the following fees in advance as specified in Exhibit
A: Inquiry Fee , Field Verification Fee , Access Agreement Preparation Fee, Make-Ready
Fee, Pole Attachment Fee, Duct/lnnerduct Occupancy Fee and Access Agreement
Consideration. Make-Ready Fees will be computed in compliance with applicable local
state and federal guidelines. Usage fees for poles/duct/innerduct (i.e., Pole Attachment
Fee and Duct/lnnerduct Occupancy Fee) will be assessed on an annual basis (unless
CLEC requests a semi-annual basis). Annual usage fees for poles/duct/innerduct will be
assessed as of January of each year. Semi-annual usage fees for
poles/duct/innerduct will be assessed as of January 1 and July 1 of each year. All fees
shall be paid within thirty (30) Days following receipt of invoices. All fees are not
refundable except as expressly provided herein.
10.Vacating CLEC is obligated to pay all recurring charges until Qwest
completes the PDR Transfer of Responsibility request. Once the transfer is complete
the effective date to cease recurring billing will coincide with the same date recurring
billing starts for assuming CLEC.
10.6 Maintenance and Repair
In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated
on a non-discriminatory basis as established by local , state or federal requirements. Where
such requirements do not exist, repairs shall be made in the following order: electrical
telephone (EAS/local), telephone (Long Distance), and cable television, or as mutually agreed
to by the users of the affected poles/duct/innerduct.
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Section 11.0 - NETWORK SECURITY
11.Protection of Service and Property. Each Party shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties, its employees
agents or End User Customers, or their property as it employs to protect its own personnel , End
User Customers and property, etc.
11.Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties , as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and penalties.
11.The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.11.4 Qwest and CLEC share responsibility for security and network protection for
each Collocation arrangement. Each Party s employees , agents or representatives must secure
its own portable test equipment, spares , etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rolling or track, which CLEC may use in the course of work operations. Qwest assumes no
liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder
available in the Wire Center.
11.Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders
and test gear is the training responsibility of the employing Party.
11.In the event that one Party s employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party s 24 x 7 security numbers.
11.Each Party shall comply at all times with Qwest security and safety procedures
and requirements while performing work activities on Qwest's Premises.
11.Qwest will allow CLEC to inspect or observe spaces which house or contain
CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry
codes, lock combinations, or other materials or information which may be needed to gain entry
into any secured CLEC space, in a manner consistent with that used by Qwest.
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11.Qwest will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. Qwest has similar responsibility for its employees.
11.11 CLEC will train its employees , agents and vendors on Qwest security policies
and guidelines.
11.12 When working on Qwest ICDF Frames or in Qwest's common or CLEC
equipment line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to
Qwest quality and performance standards provided by Qwest and as specified in this
Agreement.
11.13 CLEC shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888-879-7328.
11.14 Qwest and CLEC employees agents and vendors will display the
identification/access card above the waist and visible at all times.
11.15 Qwest and CLEC shall ensure adherence by their employees , agents and
vendors to all applicable Qwest environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal , State and local regulations, including evacuation
plans and indoor air quality.
11.
and gates.
Qwest and CLEC employees, agents and vendors will secure and lock all doors
11.17 CLEC will report to Qwest all property and equipment losses immediately, any
lost cards or keys, vandalism, unsecured conditions, security violations, anyone who
unauthorized to be in the work area or is not wearing the Qwest identification/access card.
11.18 Qwest and CLEC's employees, agents and vendors shall comply with Qwest
Central Office fire and safety regulations, which include but are not limited to, wearing safety
glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as
wire , checking ladders before moving, not leaving test equipment or tools on rolling ladders, not
blocking doors open, providing safety straps and cones in installation areas, using electrostatic
discharge protection, and exercising good housekeeping.
11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest
facilities. No open flames shall be permitted anywhere within the buildings, Wire Centers or
other facilities. Failure to abide by this restriction may result in denial of access for that
individual and may constitute a violation of the access rules, subjecting CLEC employee, agent
or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) Days
of CLEC violation of this provision to CLEC prior to denial of access and such notice shall
include: 1) identification of the violation of this provision and the personnel involved, 2)
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identification of the safety regulation violated, and 3) date and location of such violation. CLEC
will have five (5) Days to remedy any such violation for which it has received notice from Qwest.
In the event that CLEC fails to remedy any such violation of which it has received notice within
such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to
the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has
taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute
Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Qwest buildings or on the grounds.
11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest
property are subject to this restriction as well.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC , its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilities.
11.23 Qwest employees may request CLEC's employee$, agents or vendors to stop
any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the
facility until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance
(800-713-3666) and the reported work activity will be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Qwest Central Office, notification
of the non-compliant activity may be made to the Central Office supervisor, and the Central
Office supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of. the non-compliant work activity to the
non-compliant Party and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated, and 3) date and location of safety
violation. If such non-compliant work activities pose an immediate threat to the safety of the
other Party s employees, interference with the performance of the other Party service
obligations, or pose an immediate threat to the physical integrity of the other Party s facilities
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party's expense. In the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision , the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non-
compliant Party fails to correct any safety non-compliance within ten (10) Days of written notice
of non-compliance, or if such non-compliance cannot be corrected within ten (10) Days of
written notice of non-compliance, and if the non-compliant Party fails to take all appropriate
steps to correct as soon as reasonably possible, the compliant Party may pursue immediate
resolution by expedited Dispute Resolution.
11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC'
employees, agents or vendors parking in a Qwest parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and Qwest security
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may be notified. Continued violations may result in termination of access privileges. Qwest
shall provide immediate notice of the security violation to CLEC and such notice shall include:
1) identification of the security violation, 2) identification of the security regulation violated, and
3) date and location of security violation. CLEC will have five (5) Days to remedy any such
alleged security violation before any termination of access privileges for such individual. In the
event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision
CLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.
Centers:
Building related problems may be referred to the Qwest Work Environment
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other Qwest states)
11.27 CLEC will submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilities. CLEC and Qwest will meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access will be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC will collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or
keys cannot be collected, CLEC will immediately notify Qwest at 800-210-8169.
11.30 CLEC will assist Qwest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 Qwest and CLEC employees, agents and vendors will notify Qwest Service
Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for the
purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00
m. to 5:00
11.32 CLEC will notify Qwest if CLEC has information that its employee, agent or
vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the
reasonable judgment of Qwest threatens the safety or security of facilities or personnel.
11.33 CLEC will supply to Qwest Security, and keep up to date, a list of its employees
agents and vendors who require access to CLEC's space. The list will include names and
social security numbers. Names of employees, agents or vendors to be added to the list will be
provided to Qwest Security, who will provide it to the appropriate Qwest personnel.
11.34 Revenue Protection. Qwest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international 800 888 900 NPA-
976 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud
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prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LlDB Fraud monitoring systems.
11.34.Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of the
Party causing such error or malicious acts, if such malicious acts could have reasonably been
avoided.
11.34.Uncollectible or unbillable revenues resulting from the accidental or malicious
alteration of software underlying Network Elements or their subtending Operational Support
Systems by unauthorized third parties that could have reasonably been avoided shall be the
responsibility of the Party having administrative control of access to said Network Element or
operational support system software.
11.34.Qwest shall be responsible for any direct uncollectible or unbillable revenues
resulting from the unauthorized physical attachment to Loop facilities from the Main Distribution
Frame up to and including the Network Interface Device, including clip-on fraud, if Qwest could
have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.To the extent that either Party is liable to any toll provider for fraud and to the
extent that either Party could have reasonably prevented such fraud, the Party who could have
reasonably prevented such fraud must indemnify the other for any fraud due to compromise of
its network (e., clip-on , missing information digits, missing toll restriction, etc.
11.34.If Qwest becomes aware of potential fraud with respect to CLEC's accounts,
Qwest will promptly inform CLEC and, at the direction of CLEC , take reasonable action to
mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams , runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross
boxes, whether the line is a resold line or Unbundled Loop element, Qwest will perform
trap/trace Title III and pen register assistance directly with law enforcement. CLEC will not be
involved or notified of such actions , due to non-disclosure court order considerations, as well as
timely response duties when law enforcement agencies are involved. Exceptions to the above
will be those cases, as yet undetermined , where CLEC must participate due to technical
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reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or
for legal reasons that may evolve over time. CLEC will provide Qwest with a twenty-four (24)
hours a Day, seven (7) Days aweek contact for processing such requests , should they occur.
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Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)
12.Description
12.Qwest has developed and shall continue to provide Operational Support System
(aSS) interfaces using electronic gateways and manual processes. These gateways act as a
mediation or control point between CLEC's and Qwest's OSS. These gateways provide security
for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwest's OSS
interfaces have been developed to support Pre-ordering, Ordering and Provisioning,
Maintenance and Repair and Billing. This section describes the interfaces and manual
processes that Qwest has developed and shall provide to CLEC. Additional technical
information and details shall be provided by Qwest in training sessions and documentation and
support, such as the "Interconnect Mediated Access User s Guide." Qwest will continue to
make improvements to the electronic interfaces as technology evolves, Qwest's legacy systems
improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the
provisions of the Change Management Process (CMP) set forth in Section 12.
12.Through its electronic gateways and manual processes, Qwest shall provide
CLEC non-discriminatory access to Qwest's OSS for Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such
as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC
access to its OSS in substantially the same time and manner as it provides to itself. For those
functions with no retail analogue, such as pre-ordering and ordering and Provisioning of
Unbundled Elements, Qwest shall provide CLEC access to Qwest's OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Qwest will comply with the standards
for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall
provide assistance for CLEC to understand how to implement and use all of the available OSS
functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its web site, training,
disclosure documentation and development assistance, Qwest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC'
requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Qwest will identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.055 Support for Pre-ordering, Ordering and Provisioning
12.Qwest will establish interface contingency plans and disaster recovery plans for
the interfaces described in this Section. Qwest will work cooperatively with CLECs through the
CMP to consider any suggestions made by CLECs to improve or modify such plans. CLEC-
specific requests for modifications to such plans will be negotiated and mutually agreed upon
between Qwest and CLEC.
12.Ordering and Provisioning
12.Ordering and Provisioning - Qwest will provide access to ordering
and status functions. CLEC will populate the service request to identify what
features, services, or elements it wishes Qwest to provision in accordance with
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Qwest's published business rules.
12.Qwest will provide all Provisioning services to CLEC during the
same business hours that Qwest provisions services for its End User Customers.
Qwest will provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis, as it provides such Provisioning services to itself, its End
User Customers , its Affiliates or any other Party. Qwest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale web site.
12.When CLEC places a manual order, Qwest will provide CLEC with
a manual Firm Order Confirmation (FOC) notice. The confirmation notice will
follow industry-standard formats.
12.1.4 Business rules regarding rejection of Local Service Requests
(LSR) or Access Service Requests (ASR) are subject to the provisions of Section
12.2.
12.When Qwest provides installation on behalf of CLEC , Qwest will
advise CLEC's End User Customer to notify CLEC immediately if the End User
Customer requests a service change at the time of installation.
12.Ordering Process
12.Local Service Requests (LSR)
12.Qwest shall provide electronic interface gateways for
submission of LSRs, including an application-to-application interface and a
Graphical User Interface (GUI).
12.The interface guidelines for the application-to-appllication
interface are based upon the Order & Billing Forum (OBF) Local Service Order
Guidelines (LSOG) and the appropriate electronic transmission standards.
Exceptions to the above guidelines/standards shall be specified in the
Interconnect Mediated Access (IMA) disclosure documents.
12.The GUI shall provide a single interface for Pre-order and Order
transactions from CLEC to Qwest and is browser based. The GUI interface shall
be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/lnternet
Protocol (TCP/lP) to transmit" messages.
12.1.4 Functions Pre-ordering - Qwest will provide real time , electrqnic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described herein. Qwest will make the following real time pre-order
functions available to CLEC:
12.2.1.4.1 Features services and Primary Interexchange
Carrier (PIC) options for IntraLATA Toll and InterLATA Toll available at a
valid service address;
12.1.4.Access to Customer Service Records (CSRs) for
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Qwest retail or resale End User Customers. The information will include
Billing name, service address, Billing address, service and feature
subscription , Directory Listing information , and Long Distance Carrier
identity;
12.1.4.Telephone number request and selection;
12.1.4.4 Reservation of appointments for service installations
requiring the dispatch of a Qwest technician on a non-discriminatory
basis;
12.2.1.4.Information regarding whether dispatch is required
for service installation and available installation appointments;
12.1.4.Service address verification;
12.1.4.Facility availability, Loop qualification, and Loop
make-up information, including, but not limited to, Loop length , presence
of Bridged Taps, repeaters, and loading coils;
12.1.4.. A list of valid available CFAs for Unbundled Loops;
12.1.4.A list of one to five (1-5) individual Meet Points or a
range of Meet Points for shared Loops;
12.1.4.10 Design Layout Record (DLR) Query which provides
the layout for the local portion of a circuit at a particular location where
applicable;
12.1.4.11 NC/NCI combinations supported by I MA flow-
through can be addressed;
12.1.4.12 Raw Loop Data can be validated in IMA and QORA
and retrieved by segments and sub-segments; and
12.1.4.13 Loop Qualification for ISDN, Qwest DSL and
Unbundled ADSL-compatible Loop services can be performed using the
IMA Loop Qualification Tool.
12.When CLEC places an electronic order, Qwest will provide
CLEC with an electronic FOC. The FOC will follow industry-standard formats
and contain the Qwest Due Date for order completion. Upon completion of the
order, Qwest supplies two (2) completion notices: 1) service order completion
(SaC) which notifies CLEC when the service order record was completed, and 2)
Billing completion that notifies CLEC that the service order has posted to the
Billing system.
12.When CLEC places an electronic order, Qwest will provide
notification electronically of any instances when 1) Qwest's Committed Due Date
is in jeopardy of not being met by Qwest, or 2) an order is rejected. The
standards for returning such notices are setforth in Section 20.
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12.When CLEC places a manual order, Qwest will provide
notification of any instances when 1) Qwest's committed Due Date is in jeopardy
of not being met by Qwest on any service, or 2) an order is rejected. The
standards for returning such notices are set forth in Section 20.
12.Dial-Up Capabilities
12.Intentionally Left Blank.
12.Intentionally Left Blank.
12.. When CLEC requests from Qwest more than fifty
(50) SecurlDs for use by CLEC Customer service representatives at a
single CLEC location , CLEC shall use a T1 line instead of dial-up access
at that location. If CLEC is obtaining the line from Qwest, then CLEC
shall be able to use SecurlDs until such time as Qwest provisions the
line and the line permits pre-order and order information to be exchanged
between Qwest and CLEC.
12.9 Application-to-application Facilities-based Listing Process.
Qwest shall provide an application-to-application facilities-based listing interface
to enable CLEC's listing data to be translated and passed into the Qwest listing
database. This interface is based upon OBF LSOG and the appropriate
electronic transmission standards. Qwest shall supply exceptions to these
guidelines/standards in writing in sufficient time for CLEC to adjust system
requirements.
12.Access Service Requests (ASR)
12.2.Qwest shall provide a computer-to-computer batch file interface
an application-to-application interface, and a GUI interface for submission of
ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest
shall supply exceptions to these guidelines in writing in sufficient time for CLEC
to adjust system requirements.
12.Functions Pre-ordering. Qwest will provide real time, electronic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described in this Section. Qwest will make the following real time pre-
order functions available to CLEC:
12.Service Address validation;
12.1.2.CFA validation;
12.
12.2.4
NC-NCI validation;
BAN validation; and
12.CLLI validation.
12.When CLEC places an electronic or manual order, Qwest will
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provide notification of any instances when 1) Qwest's committed Due Date is in
jeopardy of not being met by Qwest, or 2) an order is rejected. The standards for
returning such notices are set forth in Section 20.
12.2.4 When CLEC places an electronic order, Qwest will provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will
follow industry-standard formats and contain the Qwest Due Date for order
completion.
12.2 Maintenance and Repair
12.Qwest shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing an End User Customer s trouble
history at a specific location , conducting testing of an End User Customer s service
where applicable, and reporting trouble to facilitate the exchange of updated information
and progress reports between Qwest and CLEC while the Trouble Report (TR) is open
and a Qwest technician is working on the resolution. CLEC may also report trouble
through manual processes. For designed services , the TR will not be closed prior to
verification by CLEC that trouble is cleared.
12.3 Interface Availability
12.Qwest shall make its OSS interfaces available to CLEC during the hours
listed in the Gateway Availability PIDs in Section 20.
12.Qwest shall notify CLEC in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.4 Billing
12.2.4.For products billed out of the Qwest Interexchange Access Billing System
(lABS), Qwest will utilize the existing CABS/BOS format and technology for the
transmission of bills.
12.2.4.For products billed out of the Qwest Customer Record Information
System (CRIS), Qwest will utilize the existing EDI standard for the transmission of
monthly local Billing information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.5 Outputs
Output information will be provided to CLEC in the form of bills, files , and reports. Bills will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
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Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facility Availability Information
12.Bills
12.CRIS Summary Bill - The CRIS Summary Bill represents a
monthly summary of charges for most wholesale products sold by Qwest. This
bill includes a total of all charges by entity plus a summary of current charges
and adjustments on each sub-account. Individual sub-accounts are provided as
Billing detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bill provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bills
received by CLEC is dictated by the product ordered and the Qwest region in
which CLEC is operating.
12.lABS Bill - The lABS Bill represents a monthly . summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges. These bills are segmented by product, LATA, Billing account
number (BAN) and bill cycle.
12.Files and Reports
12.Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches.
This file will be transmitted Monday through Friday, excluding Qwest holidays.
This information is a file of unrated Qwest originated usage messages and rated
CLEC originated usage messages. It is provided in ATIS standard Electronic
Message Interface (EMI) format. This EMI format is outlined in the document
SR-320; which can be obtained directly from A TIS. The Daily Usage Record File
contains multi-state data for the Data Processing Center generating this
information. Individual state identification information is contained with the
message detail. Qwest will provide this data to CLEC with the same level of
precision and accuracy it provides itself. This file will be provided for resale
products.
12.The charge for this Daily Usage Record File is contained in Exhibit
A of this Agreement.
12.Routing of in-region IntraLATA Collect, Calling Card , and Third
Number Billed Messages - Qwest will distribute in-region IntraLATA collect
calling card , and third number billed messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it will contain these records for these types of calls as well.
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12.2.4 Loss Report provides CLEC with a daily report that contains a list
of accounts that have had lines and/or services disconnected. This may indicate
that the End User Customer has changed CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made. Individual reports will be provided for
resale, Unbundled Loop, and Interim Number Portability products.
12.Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports will be provided for resale and
Unbundled Loop products.
12.Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between Qwest and CLEC. Category 1101 series records are
used to exchange detailed access usage information.
12.Intentionally Left Blank.
12.SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
SAG provides Address and Serving Central Office Information.b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATAllntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by FTP (File Transfer Protocol), NDM conneCtivity, or a web browser.
12.6 Change Management Process (CMP)
Qwest agrees to maintain a Change Management Process, known as CMP , which is consistent
with or exceeds industry guidelines, standards and practices to address Qwest's OSS, products
and processes. The CMP shall include, but not be limited to, utilization of the following: (i) a
forum for CLEC and Qwest to discuss CLEC and Qwest change requests (CR), CMP
notifications, systems release life cycles, and communications; (ii) a forum for CLECs and
Qwest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) a
mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals, where
appropriate, in the process; (v) processes by which CLEC impacts that result from changes to
Qwest's OSS, products or processes can be promptly and effectively resolved; (vi) processes
that are effective in maintaining the shortest timeline practicable for the receipt, developmentand implementation of all CRs; (vii) sufficient dedicated Qwest processes to address and
resolve in a timely manner CRs and other issues that come before the CMP body; (viii)
processes for OSS Interface testing; (ix) information that is clearly organized and readily
accessible to CLECs, including the availability of web-based tools; (x) documentation provided
by Qwest that is effective in enabling CLECs to build an electronic gateway; and (xi) a process
for changing CMP that calls for collaboration among CLECs and Qwest and requires agreement
by the CMP participants. Pursuant to the scope and procedures set forth in the CMP
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Document, Qwest will submit to CLECs through the CMP, among other things, modifications to
existing products and technical documentation available to CLECs, introduction of new products
available to CLECs , discontinuance of products available to CLECs, modifications to pre-
ordering, ordering/Provisioning, maintenance/repair or Billing processes , introduction of pre-
ordering, ordering/Provisioning, maintenance/repair or Billing processes , discontinuance of pre-
ordering, ordering/Provisioning, maintenance/repair or Billing processes, modifications to
existing OSS interfaces , introduction of new OSS interfaces , and retirement of existing OSS
interfaces. Qwest will maintain as part of CMP an escalation process so that CMP issues can
be escalated to a Qwest representative authorized to make a final decision and a process for
the timely resolution of disputes. The governing document for CMP, known as the "Change
Management Process" Document is the subject of ongoing negotiations between Qwest and
CLECs in the ongoing CMP. The CMP Document will continue to be changed through those
discussions. The CMP Document reflects the commitments Qwest has made regarding
maintaining its CMP and Qwest commits to implement agreements made in the CMP as soon
as practicable after they are made. The CMP Document will be subject to change through the
CMP , as set forth in the CMP Document. Qwest will maintain the most current version of the
CMP Document on its wholesale web site.
12.In the course of establishing operational ready system interfaces between
Qwest and CLEC to support local service delivery, CLEC and Qwest may need to defineand implement system interface specifications that are supplemental to existing
standards. CLEC and Qwest will submit such specifications to the appropriate
standards committee and will work towards their acceptance as standards.
12.Release updates will be implemented pursuant to the CMP.
12.Intentionally Left Blank.
12.7 CLEC Responsibilities for Implementation of ass Interfaces
12.Before CLEC implementation can begin CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.
12.Once Qwest receives a complete and accurate New Customer
Questionnaire , Qwest and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.8 Qwest Responsibilities for On-going Support for ass Interfaces
Qwest will support previous application-to-application releases for six (6) months after the next
subsequent release has been deployed.
12.2.
release.
Qwest will provide written notice to CLEC of the need to migrate to a new
12.Qwest will provide an Implementation Coordinator to work with CLEC for
business scenario re-certification, migration and data conversion strategy definition.
12.Re-certification is the process by which CLEC demonstrates the ability to
generate correct functional transactions for enhancements not previously certified.
Qwest will provide the suite of tests for re-certification to CLEC with the issuance of the
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disclosure document.
12.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating
its internal personnel. Qwest shall provide training necessary for CLEC to use Qwest'
OSS interfaces and to understand Qwest's documentation, including Qwest's business
rules.
12.9 CLEC Responsibilities for On-going Support for ass Interfaces
12.If using the GUI interface , CLEC will take reasonable efforts to train CLEC
personnel on the GUI functions that CLEC will be using.
12.An application-to-application exchange protocol will be used to transport
electronically-formatted content. CLEC must perform certification testing of exchange
protocol prior to using the application-to-application interface.
12.Qwest will provide CLEC with access to a stable testing environment that
mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with Qwest's OSS. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.Connectivity Testing -CLEC and Qwest will conduct
connectivity testing. This test will establish the ability of the trading partners tosend and receive electronic messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment
CLEC or Qwest has implemented environment changes when moving intoproduction.
12.2.2 Stand-Alone Testing Environment (SATE) - Regression Testing:
Qwest's stand-alone testing environment will take pre-order and order requests
pass them to the stand-alone database, and return responses to CLEC during its
development and implementation of the application-to-application interface.
Regression testing SATE provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC'ability to send correctly formatted
electronic transactions through the IMA system edits successfully for both new
and existing releases. SATE uses test account data supplied by Qwest. Qwest
will make additions to the test beds and test accounts as it introduces new OSS
electronic interface capabilities, including support of new products and services
new interface features, and functionalities. All SATE pre-order queries and
orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is optional.
12.SATS - Progression Testing: CLEC has the option of
participating with Qwest in progression testing to provide CLEC with the
opportunity to validate technical development efforts and to quantify processing
results. Progression testing provides CLEC the opportunity to validate its
technical development efforts built via Qwest documentation without the need to
schedule test times. This testing verifies CLEC'ability to send correctly
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formatted electronic transactions through the IMA system edits successfully for
both new and existing releases. SATE uses test account data supplied by
Qwest. Qwest will make additions to the test beds and test accounts as it
introduces new OSS electronic interface capabilities, including support of new
products and services, new interface features, and functionalities. All SATE pre-
order queries and orders are subjected to the same edits as production pre-order
and order transactions. This testing phase is required.
12.3.4 Controlled Production - Qwest and CLEC will perform controlled
production. The controlled production process is designed to validate the ability
of CLEC to transmit electronic data that completely meets the appropriate
electronic transmission standards and complies with all Qwest business rules.
Controlled production consists of the controlled submission of actual CLEC
production requests to the Qwest production environment. Qwest treats these
pre-order queries and orders as production pre-order and order transactions.
Qwest and CLEC use controlled production results to determine operational
readiness. Controlled production requires the use of valid account and orderdata. All certification orders are considered to be live orders and will
provisioned.
12.If CLEC is using the application-to-application interface, Qwest
shall provide CLEC with a pre-allotted amount of time to complete certification of
its business scenarios. Qwest will allow CLEC a reasonably sufficient amount of
time during the day and a reasonably sufficient number of days during the week
to complete certification of its business scenarios consistent with CLEC'
business plan. It is the sole responsibility of CLEC to schedule an appointment
with Qwest for certification of its business scenarios. CLEC must make every
effort to comply with the agreed upon dates and times scheduled for the
certification of its business scenarios. If the certification of business scenarios is
delayed due to CLEC , it is the sole responsibility of CLEC to schedule new
appointments for certification of its business scenarios. Qwest will make
reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule
could result in certification being delayed. If a delay is due to Qwest, Qwest will
honor CLEC's schedule through the use of alternative hours.
12.9.4 If CLEC is using the application-to-application interface, CLEC must work
with Qwest to certify the business scenarios that CLEC will be using in order to ensure
successful transaction processing. Qwest and CLEC shall mutually agree to the
business scenarios for which CLEC requires certification. Certification will be granted for
the specified release of the interface. If CLEC is certifying multiple products or services
CLEC has the option of certifying those products or services serially or in parallel where
Technically Feasible.
12.9.4.For a new software release ,or upgrade, Qwest will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software releases and upgrades
Qwest has implemented the testing processes set forth in Sections 12.
12.3 and 12.3.4.
12.New releases of the application-to-application interface may require re-
certification of some or all business scenarios. A determination as to the need for re-
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certification will be made by the Qwest coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification will be provided to
CLEC as the new release is implemented. The suite of re-certification test scenarios will
be provided to CLEC with the disclosure document. If CLEC is certifying multiple
products or services , CLEC has the option of certifying those products or services
serially or in parallel , where Technically Feasible.
12.CLEC will contact the Qwest Implementation Coordinator to initiate the
migration process. CLEC may not need to certify to every new IMA application-to-
application release , however, CLEC must complete the re-certification and migration to
the new release within six (6) months of the deployment of the new release. CLEC will
usereasonable efforts to provide sufficient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner.
12.The following rules apply to initial development and certification
of IMA application-to-application interface versions and migration to subsequent
application-to-application interface versions:
12.SATE regression or SATE progression
interoperability testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC will be required to move its
implementation plan to the next release.
12.New IMA application-to-application users must be
certified and in production with at least one (1) product and one (1) order
. activity type on a prior release two (2) months after the implementation of
the next release. Otherwise, CLEC will be required to move its
implementation plan to the next release.
12.Any IMA application-to-application user that has
been placed into production on the prior release not later than two (2)
months after the next release implementation may continue certifying
additional products and activities until two (2) months prior to the
retirement of the release. To be placed into production , the
products/order activities must have been tested in the SATE environment
before two (2) months after the implementation of the next release.
12.CLEC will be expected to execute the re-certification test cases in the
stand alone test environment. CLEC will provide Purchase Order Numbers (PONs) of
the successful test cases to Qwest.
12.In addition to the testing set forth in other sections of Section 12.9, upon
request by CLEC, Qwest shall enter into negotiations for comprehensive production test
procedures. In the event that agreement is not reached, CLEC shall be entitled to
employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited
resolution through request to the state Commission to resolve any differences. In such
cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate
identified business plans or operations needs, accounting for any other testing relevant
to those plans or needs. As part of the resolution of such dispute, there shall be
considered the issue of assigning responsibility for the costs of such testing. Absent a
finding that the test scope and activities address issues of common interest to the CLEC
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community, the costs shall be assigned to CLEC requesting the test procedures.
12.CLEC Support
12.10.Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed efficiently. This
assistance will include, but is not limited to, contacts to the CLEC account team , training,
documentation , and CLEC Help Desk. Qwest will also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team, training, documentation and CLEC Help Desk.
12.10.CLEC Help Desk
12.10.The CLEC Systems Help Desk will provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.2.10.Connectivity covers trouble with CLEC's access to
the Qwest system for hardware configuration requirements with relevance
to application-to-application and GUI interfaces; software configuration
requirements with relevance to application-to-application and GUI
interfaces; modem configuration requirements, T1 configuration and dial-in string requirements firewall access configuration, web-services
configuration, SecurlD configuration Profile Setup, and password
verification.
12.10.System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through application-to-application and GUI interfaces. These system
errors are limited to: Resale/POTS; UNE POTS; Design Services and
Repair.
12.10.2.File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File , lABS Bill CRIS
Summary Bill, Category 11 Report and SAG/FAM Reports.
12.10.Additional assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Qwest's wholesale website. Qwest will provide Interconnect Service Center Help Desks which will provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, will be billed at rates set forth in
Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose any
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recurring or nonrecurring OSS development, enhancements , and ongoing operations charges
unless and until the Commission authorizes Qwest to impose such charges and/or approves
applicable rates at the completion of appropriate cost docket proceedings.
12.Maintenance and Repair
12.1 Service Levels
12.Qwest will provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers , its Affiliates, or any other party. Qwest shall provide
CLEC repair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.During the term of this Agreement, Qwest will provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other
party.
12.Qwest will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Qwest, its End User Customers
its Affiliates, or any other party and shall be handled in a nondiscriminatory manner.
12.2 Branding
12.Qwest shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC
provided and branded Maintenance and Repair forms. Qwest may not unreasonably
interfere with branding by CLEC.
12.Except as specifically permitted by CLEC, in no event shall Qwest provide
information to CLEC subscribers about CLEC or CLEC product or services.
12.This section shall confer on Qwest no rights to the service marks
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3 Service Interruptions
12.The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affiliated companies , or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party's facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service
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12.If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section , the Party whose network or service is being impaired (the
Impaired Party ) shall promptly notify the Party causing the Impairment of Service (the
Impairing Party ) of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified , a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
Service, the Impaired Party may temporarily discontinue use of the affected circuit
facility or equipment.
12.To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other s facilities.
12.In cases where a trouble condition affects a significant portion of
the other s service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affiliates, or any other party.
12.The Parties shall cooperate in isolating trouble conditions.
12.Trouble Isolation
12.3.4.CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC , prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation
test results to the other. Each Party shall be responsible for the costs of performing
trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.
12.3.4.When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service Miscellaneous Charge or a Trouble Isolation Charge applies if
the trouble is found to be on CLEC's side or on the End User Customer s side of the
Demarcation Point. If the trouble is on the End User Customer s side of the Demarcation
Point CLEC is required to perform its own maintenance.
12.3.4.Before submitting a repair request to Qwest, CLEC will isolate trouble to
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the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on the CLEC or the End User
Customer side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to
perform trouble isolation and Qwest performs tests at CLEC request, a Maintenance of
Service Charge or a Trouble Isolation Charge applies if the trouble is not in Qwest'
facilities, including Qwest's facilities leased by CLEC. When trouble is found on Qwest'
side of the Demarcation Point, or Point of Interface, during the investigation of the initial
or repeat trouble report for the same line or circuit within thirty (30) Days, Maintenance of
Service Miscellaneous Charges or Trouble Isolation Charges shall not apply.
12.5 Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, or as may be
provided for under Section 6 of this Agreement, Qwest will not perform any maintenance of
inside wire (premises wiring beyond the End User Customer s Demarcation Point) for CLEC or
its End User Customers.
12.6 TestinglTest Requests/Coordinated Testing/UNEs
12.Where CLEC does not have the ability to diagnose and isolate trouble on
a Qwest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve
an End User Customer, Qwest will conduct testing, to the extent testing capabilities are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other
party.
12.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilizing to serve an End User Customer, Qwest must
receive a trouble report from CLEC.
12.On manually reported trouble for non-designed services, Qwest will
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually r~ported trouble for designed services provided in this Agreement
Qwest will provide CLEC test results upon request. For electronically reported trouble,
Qwest will provide CLEC with the ability to obtain basic test results in substantially the
same time and manner that Qwest provides for itself, its End User Customers, its
Affiliates, or any other party.
12.6.4 CLEC shall isolate the trouble condition to Qwest's portion of the line
circuit, or service provided in this Agreement before Qwest accepts a trouble report for
that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest
shall process the trouble report in substantially the same time and manner as Qwest
does for itself, its End User Customers , its Affiliates, or any other party.
12.Qwest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
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12.7 Work Center Interfaces
12.Qwest and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.8 Misdirected Repair Calls
12.CLEC and Qwest will employ the following procedures for handling
misdirected repair calls:
12.CLEC and Qwest will provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.End User Customers of CLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of Qwest shall be instructed to
report all cases of trouble to Qwest.
12.To the extent the correct provider can be determined
misdirected repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Qwest or CLEC from discussing its products and services
with CLEC's or Qwest's End User Customers who call the other Party seeking
such information.
12.1.4 CLEC and Qwest will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.In responding to repair calls, CLEC's End User Customers
contacting Qwest in error will be instructed to contact CLEC; and Qwest's End
User Customers contacting CLEC in error will be instructed to contact Qwest.
responding to calls , neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party will be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Qwest
or CLEC from discussing its products and services with CLEC's or Qwest's End
User Customers who call the other Party seeking such information.
12.9 Major Outages/Restoral/Notification
12.Qwest will notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification will be via e-mail to CLEC's identified contact. With the
minor exception of certain Proprietary Information such as Customer information, Qwest
will utilize the same thresholds and processes for external notification as it does for
internal purposes. This major outage information will be sent via e-mail on the same
schedule as is provided internally within Qwest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date
abnormal condition updates, and final disposition. Service restoration will be non-
discriminatory, and will be accomplished as quickly as possible according to. Qwest
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