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Home My WebLink About20070522Application Part I.pdfI,,:i / Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 , J -1;::. c:. . r.: ' " . ,~. . Maura E. Peterson Paralegal Regulatory Law , ,, UiiUl!: i " Via Overnight delivery May 21 , 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. ~E-(-o7- Application for Approval of Resale Agreement Purecom LLC Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of a Resale Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in thi mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com 2eClt:, ,. ')) ' r:o ,- '- ! I '...1 :.; i!~i;~.. APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.QI l- 07-0 'f APPLICATION FOR APPROVAL OF RESALE AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of a Resale Agreement ("Agreement" herewith. The Agreement with Purecom LLC ("Purecom ) is submitted This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252( e )(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits that this Agreement provides no basis for either of these findings, and, therefore requests that the Commission approve this Agreement expeditiously. This Agreement is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Agreement will enable Purecom APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - Purecom LLC Page 1 LLC to interconnect with Qwest facilities and to provide customers with increased choices among telecom providers. Qwest further requests that the Commission approve this Agreement without a hearing. Because this Agreement was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this~I~r-ay of May, 2007. Qwest Corporation a?t~ ~ Adam L. Sherr Attorney for Qwest ---- APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT- Purecom LLC Page 2 CERTIFICATE OF SERVICE I hereby certify that on this ~S+day of May, 2007 , I served the foregoing APPLICATION FOR APPROVAL OF A RESALE AGREEMENT upon all parties of record in this matter as follows: Jean Jewell , Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Purecom, LLC Daryl Sanders, President 4922 Mt. Princeton Street Brighton, CO 80601 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~maill Maura Petets.on Paralegal, Qw"es0 APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - Purecom LLC Page 3 RESALE Agreement Between Qwest Corporation And Purecom LLC In the State of Idaho AGREEMENT NUMBER CDS-O70403-003 r: .- ( ' :,. nr: LLjl n ( '22 (,I c..' Li'.! , ,.. , J , " i~, :,, TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS . ............................................................................................. SECTION 2.0 - INTERPRETATION AND CONSTRUCTION ....................................................... SECTION 3.0 - RESELLER IN FORMATION............................................................................... SECTION 4.0 - DEFIN ITIONS ...................................................................................................... 6 SECTION 5.0 - TERMS AND CONDITIONS .............................................................................. 5.4 GENERAL PROVISIONS....................................................................;.............................. 12 TERM OF AGREEMENT.................................................................................................... 12 PROOF OF AUTHORIZATION (POA) ................................................................................. 13 PAYMENT....................................................................................................................... TAXES ........................................................................................................................... INSURANCE.................................................................................................................... FORCE MAJEURE........................................................................................................... 16 LIMITATION OF LIABILITY ............ .............. ....... ...... ..................... ..................................... 16 INDEMNITY ..................................................................................................................... I NTELLECTUAL PROPERTY .................................... .......................................................... 18 WARRANTIES ............ ....................... .............................................. ........ ........................ ASSIGNMENT...... .......... ................................. ............................ ...... .......... ........ ............ DEFAULT.... .......... ................. """"""""" ..................... ......... ........ ................... ...... ....... DISCLAIMER OF AGENCY....................... ..... ........ """""""'" ...................... .."................. 21 SEVERABILITY ................................................................................................................ 22 NONDISCLOSURE ........................................................................................................... SURVIVAL ...................................................................................................................... DISPUTE RESOLUTION.................................................................................................... 24 CONTROLLING LAw ........................................................................................................ RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION................................................. 27 NOTICES........................................................................................................................ RESPONSIBILITY OF EACH PARTY................................................................................... 28 No THIRD PARTY BENEFICIARIES................................................................................... 28 INTENTIONALLY LEFT BLANK.. ...................... ........... ................... ...... ...... ............... .......... 29 PUBLICITY...................................................................................................................... EXECUTED IN COUNTERPARTS ....................................................................................... COMPLIANCE .................. ...... ................... .... ....... '"'" .................. ........... ........ ....... ......... COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw ENFORCEMENT ACT OF 1994 (CALEA) ......................................................................................................... 29 COOPERATION ............................................................................................................... AMENDMENTS................................................................................................................ ENTIRE AGREEMENT ...................................................................................................... SECTION 6.0 - RESALE............ ................................................................................................ 31 6.4 DESCRIPTION............................. .......... ...... ...... ..................... ....... .............. .................... TERMS AND CONDITIONS................................................................................................ 31 RATES AND CHARGES .................................................................................................... ORDERING PROCESS ..................................................................................................... BILLING........ .................................................................................................................. MAINTENANCE AND REPAIR ............................................................................................ 39 E911 DATABASE UPDATES FOR RESALE BASED RESELLERS ........................................... 39 .4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. RESALE - PS/ALI ORDERING ......................................................................................... 39 SECTION 7.0 - WHITE PAGES DIRECTORY LlSTINGS..........................................................40 DESCRIPTION................................................................................................................ 40 TERMS AND CONDITIONS................................................................................................ 40 RATE ELEMENTS............................................................................................................ 41 ORDERING PROCESS................................................... .................................................. 44 SECTION 8.0 - NETWORK SECURITY .....................................................................................45 SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............................ GENERAL TERMS ............................................... OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ..............................47 MAINTENANCE AND REPAIR............................................................................................ 58 SECTION 10.0 - DIRECTORY PUBLISHER .............................................................................. SECTION 11.0 - SERVICE PERFORMANCE ........................................................................... 71 SECTION 12.0 - SIGNA TU RE PAGE.......................... ..... .......................................................... 72 07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Owest Resale Template 3-30-06 Version 1. TABLE OF CONTENTS FOR EXHIBITS EXHIBIT A Rates EXHIBIT B Service Performance Indicators EXHIBIT C Intentionally Left Blank EXHIBIT D Intentionally Left Blank EXHIBIT E Intentionally Left Blank EXHIBIT F Intentionally Left Blank EXHIBIT G Change Management Process (CMP) EXHIBIT H Intentionally Left Blank EXHIBIT I Intentionally Left Blank EXHIBIT J Intentionally Left Blank EXHIBIT K Performance Assurance Plan 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D awes! Resale Template 3-30-06 Version 1. Section 1 General Terms Section 1.0 - GENERAL TERMS This Resale Agreement is effective upon the approval of the Commission, and is between Qwest Corporation ("Qwest"), a Colorado corporation, and Purecom , LLC ("Reseller a Colorado corporation, pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfilling Qwest's obligations under Sections 222, 251 (a), (b), and (c), 252, 271 , and other relevant provisions of the Act and the rules and regulations promulgated thereunder. This Agreement sets forth the terms, conditions and pricing under which Qwest will offer and provide to any requesting Reseller, Ancillary services, and Telecommunications Services available for resale within the geographical areas in which both Parties are providing local exchange service at that time, and for which Qwest is the incumbent Local Exchange Carrier within the State of Idaho for purposes of providing local Telecommunications Services. This Agreement is available for the term set forth herein. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 2 Interpretation and Construction Section 2.0 - INTERPRETATION AND CONSTRUCTION This Agreement includes this Agreement and all Exhibits appended hereto each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation , rule , Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements addenda, or successor) of that statute, regulation , rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2, In the event a change in a law rule regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change, any reference in this Agreement to such law, rule , regulation or interpretation thereof will be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party's network may not be in compliance with the latest release of technical references technical publications, or publications of Telecommunications industry administrative or technical standards, The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state rules , regulations, and laws, as of March 11 , 2005 (the Existing Rules), Nothing in this Agreement shall be deemed an admission by Qwest or Reseller concerning the interpretation or effect of the Existing Rules or an admission by Qwest or Reseller that the Existing Rules should not be changed, vacated , dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or Reseller from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated , dismissed, stayed or modified, To the extent that the Existing Rules are vacated, dismissed , stayed or materially changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. ' It is expressly understood that this Agreement will be corrected, or if requested by Reseller, amended as set forth in this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision, unless otherwise ordered by the Commission. Where a Party provides notice to the other Party within thirty (30) Days of the effective date of an order issuing a legally binding change, any resulting amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates , and to the extent practicable for other terms and conditions, unless 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 2 Interpretation and Construction otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the effective date of the legally binding change shall be the Effective Date of the amendment unless the Parties agree to a different date. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days, If the Parties fail to agree on an amendment during the sixty (60) Day negotiation period , the Parties agree that the first matter to be resolved during Dispute Resolution will be the implementation of an interim operating agreement between the Parties regarding the disputed issues, to be effective during the pendency of Dispute Resolution. The Parties agree that the interim operating agreement shall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes of this section , " legally binding" means that the legal ruling has not been stayed , no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation, has passed. Unless otherwise specifically determined by the Commission , in cases of conflict between this Agreement and Qwest'Tariffs, PCAT, methods and procedures, technical publications , policies, product notifications or other Qwest documentation relating to Qwest's or Reseller s rights or obligations under this Agreement, then the rates, terms and conditions of this Agreement shall prevail. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail. 07/swd/lh/Purecom, LLC/CDS-070403-0003/1D Qwest Resale Template 3-30-06 Version 1. Section 3 Reseller Information Section 3.0 - Reseller INFORMATION Except as otherwise required by law, Qwest will not provide or establish ancillary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to Reseller s execution of this Agreement. The Parties shall complete Qwest's "New Customer Questionnaire " as it applies to Reseller s obtaining of ancillary services, and/or resale of Telecommunications Services hereunder. Prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwest's "New Customer Questionnaire General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing Operations Support Systems (OSS) and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for resold services The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will be used to: Determine geographical requirements; Identify Reseller identification codes; Determine Qwest system requirements to support Reseller s specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and Reseller contact lists; and Identify Reseller hours and holidays. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 3 Reseller Information Resellers that have previously completed a Questionnaire need not fill out a New Customer Questionnaire; however, Reseller will update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product, Reseller will need to complete the relevant New Product Questionnaire and amend this Agreement, which may include an amendment pursuant to Section 1,1. 4-4-07/swd/lh/Purecom , LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 4 Definitions Section 4.0 - DEFINITIONS Act" means the Communications Act of 1934 (47 U.C, 151 et. seq.), as amended , and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with , another Person. For purposes of this paragraph the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. Applicable Law" means all laws, statutes, common law, ordinances , codes, rules, guidelines, orders, permits and approval of any governmental regulations , including, but not limited to, the Act, the regulations, rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules , or orders of the FCC or the Commission. ATIS" or "Alliance for Telecommunications Industry Solutions is a North American telecommunication industry standards forum which, through its committees and working groups creates , and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines, as well as the standards of other industry fora , are referenced herein. Automatic Location Identification" or "All" is the automatic display at the Public Safety Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). Automatic Location Identification/Database Management System" or "ALlIDMS" is an Enhanced 911/(E911) database containing End User Customer location information (including name, service address , telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid), Basic Exchange Telecommunications Service" means, unless otherwise defined in Commission rules and then it shall have the meaning set forth therein, a service offered to End User Customers which provides the End User Customer with a telephonic connection to, and a unique local telephone number address on , the public switched telecommunications network and which enables such End User Customer to generally place calls to, or receive calls from other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. As used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancillary services such as 911 , Directory Assistance and operator services. Bill Date" means the date on which a Billing period ends, as identified on the bill. Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate Customer Billing with attendant acknowledgments and status reports, also involves the exchange of information between Telecommunications Carriers to processclaims and adjustments. 4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 4 Definitions Carrier" or "Common Carrier" See Telecommunications Carrier. Central Office" means a building or a space within a building where transmission facilities or circuits are connected or switched. Central Office Switch" means a Switch used to provide Telecommunications Services including, but not limited to: End Office Switches" which are used to terminate End User Customer station loops , or equivalent, for the purpose of interconnecting to each other and to trunks. Centrex" shall have the meaning set forth in Section 6. Commission" means the Idaho Public Utilities Commission. Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. Confidential Information" shall have the meaning set forth in Section 5.16. Current Service Provider" means the Party from which an End User Customer is planning to switch its local exchange service or the Party from which an End User Customer is planning to port its telephone number(s). Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services , whether directly or indirectly. Customer includes Telecommunication Carriers. See also , End User Customer. Day" means calendar days unless otherwise specified, Digital Signal Level" or "DSL" means one of several transmission rates in the time-division multiplex hierarchy. Effective Date" shall have the meaning set forth in Section 5. Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. End User Customer" means a third party retail Customer that subscribes to a Telecommunications Service provided by either of the Parties or by another Carrier or by two (2) or more Carriers. Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format content, code, protocol or similar aspects of a subscriber s transmitted information; that provide the subscriber with additional , different or restructured information; or involve End User Customer interaction with 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 4 Definitions stored information. Enhanced 911" or "E911" shall have the meaning set forth in Section 6. Environmental Hazard" means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation , remediation, compensation , fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. Exchange Access" (lntraLATA Toll)" is defined in accordance with Owest's current IntraLATA toll serving areas, as determined by Owest's state and interstate Tariffs and excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as used in the remainder of the AGREEMENT shall have the meaning set forth in the Act. Exchange Message Interface" or "EMI" means the format used for exchange of Telecommunications message information among Telecommunications Carriers. It is referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. Exchange Message Record" or "EMR" is the standard used for exchange of Telecommunications message information between telecommunications providers for billable non-billable , sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0 CRIS Exchange Message Record , a Telcordia document that defines industry standards for exchange message records. Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the local calling area as determined by the Commission or the in Owest's Exchange and Network Services Catalogs as applicable. FCC" means the Federal Communications Commission, Firm Order Confirmation" or "FOC" means the notice Owest provides to Reseller to confirm that the Reseller Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Owest for the Provisioning of the service requested. Information Service is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. lnterLATA Traffic" describes Telecommunications between a point located in a Local Access Transport and Area (LATA) and a point located outside such area. 4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 4 Definitions lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area as determined by the Commission or the in Qwest's Exchange and Network Services Catalogs as applicable, Legitimately Related" terms and conditions are those rates , terms, and conditions that relate solely to the individual , service being requested by Reseller under Section 252(i) of the Act, and not those relating to other, services or elements in the approved Agreement. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules regulations or orders or the interpretation of a court of competent jurisdiction. Line Information Database" or "LlDB" shall have the meaning as set forth in Section 6. Local Access Transport Area" or "LATA" is as defined in the Act. Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Qwest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Qwest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Qwest technician performs work on either a Sunday or Qwest recognized holiday. Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to recurring and nonrecurring rates, for activities Reseller requests Qwest to perform , activities Reseller authorizes, or charges that are a result of Reseller s actions, such as cancellation charges, additional labor and maintenance, Miscellaneous Charges are not already included in Qwest's recurring or nonrecurring rates. Miscellaneous Charges are that Miscellaneous Charges for resale services are provided in the applicable tariff, catalog, or price list."911 Service" shall have the meaning set forth in Section 6. NXX " " NXX Code " " Central Office Code " or "CO Code" is the three (3) digit Switch entity code which is defined by the D , E, and F digits of a ten (10) digit telephone number within the NANP, Operational Support Systems" or "OSS" shall have the meaning set forth in Section 9, Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. Parity" means the provision of non-discriminatory access to Resale, and other services provided under an Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable, Where Technically Feasible, the access provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself, its End User Customers , its Affiliates or to any other party. Party" means either Qwest or Reseller and "Parties" means Qwest and Reseller. Person" is a general term meaning an individual or association, corporation , firm, joint-stock company, organization, partnership, trust or any other form or kind of entity. Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1D Owest Resale Template 3-30-06 Version 1. Section 4 Definitions POTS" means plain old telephone service. Proof of Authorization" or "POA" shall consist of verification of the End User Customer selection and authorization adequate to document the End User Customer s selection of its local service provider. Proprietary Information" shall have the same meaning as Confidential Information. Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services from the other with attendant acknowledgments and status reports. Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered, Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. Resale Agreement" or "Agreement" is an agreement entered into between Qwest and Reseller for ancillary services and resale of telecommunication services as a result of negotiations adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. Reseller" is a category of Resellers who purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their End User Customers. Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 9. Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs price lists, and price schedules. Telecommunications" means the transmission, between or among points specified by the user of information of the user s choosing, without change in the form or content of the information as sent and received, Telecommunications Carrier" means any provider of Telecommunications Services , except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 ofthe Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services, except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled , associated with activities Reseller or Qwest or their respective contractors or agents perform at Work Locations, It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers garbage, scrap, residues or by products), except for substances and materials that Reseller Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 4 Definitions no longer in current use. Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier s network, where transmission facilities are connected or switched, Wire Center can also denote a building where one or more Central Offices, used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. Work Locations" means any real estate that Reseller or Qwest, as appropriate, owns, leases or licenses , or in which it holds easements or other rights to use, or does use , in connection with this Agreement. Terms not otherwise defined here , but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS General Provisions Each Party is solely responsible for the services it provides to its End Users and to other Telecommunications Carriers, This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. The Parties shall work cooperatively to minimize fraud associated with third-number billed calls, calling card calls, and any other services related to this Agreement. Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Qwest shall not assess any charges against Reseller for services, facilities, ancillary services and other related works or services covered by this Agreement, unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder (including resold Telecommunications Services and ancillary services) and all new and additional services to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the, rules and orders of the Federal Communications Commission and orders of the Commission. Term of Agreement This Agreement shall become effective upon Commission approval pursuant to Section 252 of the Act (the Effective Date). This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire three (3) years from the Effective Date. Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor Agreement in accordance with this Section 5,2. Any party may request negotiation of a successor Agreement by written notice to the other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or the Agreement shall renew on a month to month basis. The date of this notice will be the starting point for the negotiation window under Section 252 of the Act. This Agreement will terminate on the date a successor Agreement is approved by the Commission, Prior to the conclusion of the term specified above, Reseller may obtain services under the terms and conditions of a then-existing AGREEMENT or Agreement to become effective , at the conclusion of the term or prior to the conclusion of the term if Reseller so chooses. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Proof of Authorization (POA) Each Party shall be responsible for obtaining and maintaining Proof of Authorization (POA) as required by applicable federal and state law, as amended from time to time. The Parties shall make POAs available to each other upon request in the event of an allegation of an unauthorized change in accordance with all Applicable Laws and rules and shall be subject to any penalties contained therein. Payment 5.4.Amounts payable under this Agreement are due and payable within thirty (30) calendar Days after the date of invoice, or within twenty (20) calendar Days after receipt of the invoice , whichever is later (payment Due Date). If the payment Due Date is not a business day, the payment shall be due the next business day, 5.4.2 One Party may discontinue processing orders for the failure of the other Party to make full payment for the relevant services, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within thirty (30) calendar Days following the payment due date. The Billing Party will notify the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for the relevant services, If the Billing Party does not refuse to accept additional orders for the relevant services on the date specified in the ten (10) business days notice, and the other Party s non-compliance continues nothing contained herein shall preclude the Billing Party right to refuse to accept additional orders for the relevant services from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all charges for the relevant services not disputed in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party, pursuant to this section. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief including injunctive relief and specific performance. The Billing Party may disconnect any and all relevant services for failure by the billed Party to make full payment, less any disputed amount as provided for in Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement within sixty (60) calendar Days following the payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each resold End User Customer line disconnected pursuant to this paragraph, The Billing Party will notify the billed Party at least ten (10) business days prior to disconnection of the unpaid service(s). In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due. If the Billing Party does not disconnect the billed Party's service(s) on the date specified in the ten (10) business days notice, and the billed Party s noncompliance continues, nothing contained herein shall preclude the Billing Party's right to disconnect any or all relevant services of the non-complying Party without further notice, For reconnection of the non-paid service to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the relevant services, Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to this Section. Both Parties agree, however, that the application of this 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts billed during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.4 Should Reseller or Qwest dispute, in good faith, any portion of the nonrecurring charges or monthly Billing under this Agreement, the Parties will notify each other in writing within fifteen (15) calendar Days following the payment Due Date identifying the amount, reason and rationale of such dispute. At a minimum, Reseller' and Qwest shall pay all undisputed amounts due. Both Reseller and Qwest agree to expedite the investigation of any disputed amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating any other rights or remedies. 5.4.4,If a Party disputes charges and does not pay such charges by the payment Due Date, such charges may be subject to late payment charges. the disputed charges have been withheld and the dispute is resolved in favor of the Billing Party, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the second Bill Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bill Date after the resolution of the dispute, If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. 5.4.4.If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4., and the dispute is resolved in favor of the disputing Party, the Billing Party shall, no later than the second Bill Date after the resolution of the dispute: (1) credit the disputing Party s bill for the disputed amount and any associated interest or (2) pay the remaining amount to Reseller, if the disputed amount is greater than the bill to be credited. The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, shall any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.If a Party fails to dispute a charge and discovers an error on a bill it has paid after the period set forth in section 5.4.4, the Party may dispute the bill at a later time through an informal process, through an Audit pursuant to the Audit provision of this Agreement, through the Dispute Resolution provision of this Agreement, or applicable state statues or commission rules. 5.4.Each Party will determine the other Party'credit status based on previous payment history or credit reports such as Dun and Bradstreet. If a Party has not established satisfactory credit with the other Party according to the above provisions or the Party is repeatedly delinquent in making its payments, or the Party is being reconnected after a disconnection of service or discontinuance of the processing of orders by the Billing Party due to a previous nonpayment situation , the Billing Party may require a deposit to be held as security for the payment of charges before the orders from the billed Party will be provisioned and completed or before reconnection of 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003I1D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions service. "Repeatedly delinquent" means any payment received thirty (30) calendar Days or more after the payment Due Date , three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for an average two (2) month period within the 151 three (3) months for all services. The deposit may be a surety bond if allowed by the applicable Commission regulations, a letter of credit with terms and conditions acceptable to the Billing Party, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) calendar Days after demand. 5.4,Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations, Cash deposits and accrued interest will be credited to the billed Party's account or refunded , as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with the Billing Party, which will generally be one (1) full year of timely payments of undisputed amounts in full by the billed Party. Upon a material change in financial standing, the billed Party may request and the Billing Party will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve Reseller from any requirements of this Agreement. 5.4.The Billing Party may review the other Party's credit standing and modify the amount of deposit required but in no event will the maximum amount exceed the amount stated in 5.4. 5.4.The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements, 5.4.Each Party shall be responsible for notifying its End User Customers of any pending disconnection of a non-paid service by the billed Party, if necessary, to allow those End User Customers to make other arrangements for such non-paid services. Taxes Any federal, state , or local sales , use , excise, gross receipts, transaction or similar taxes , fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such taxes is placed upon the other Party. However, where the selling Party is permitted by law to collect such taxes fees or surcharges from the purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence, status or income. Whenever possible, these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption , the purchasing Party shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided , no exemptions will be applied, If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge, provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Party is liable for and has paid 4-4-07/swdllh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions the tax contested. Insurance Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain all insurance required by law and Commercial General Liability insurance covering claims for bodily injury, death, personal injury or property damage and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than $1 000,000 (one million dollars) each occurrence and $2 000 000 (two million dollars) general aggregate limit. Such coverage shall be written with insurers having a "Best'" rating of A-VII. Upon request each Party will provide a certificate of insurance evidencing coverage, Such certificate shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) calendar Days prior written notice of cancellation of, material change or exclusions in the policy(s) to which certificate(s) relate. Force Majeure Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation, acts of nature, acts of civil or military authority, government regulations, embargoes, epidemics, terrorist acts, riots , insurrections, fires, explosions earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party s control and without that Party' fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event, and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. Limitation of Liability Each Party's liability to the other Party for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract warranty, strict liability, or tort, including (without limitation) negligence of any kind , shall be limited to the total amount that is or would have been charged to the other Party by such breaching Party for the service(s) or function(s) not performed or improperly performed, Each Party's liability to the other Party for any other losses shall be limited to the total amounts charged to Reseller under this Agreement during the contract year in which the cause accrues or arises, Payments pursuant to the QPAP shall not be counted against the limit provided for in this Section. Neither Party shall be liable to the other for indirect, incidental consequential, or special damages, including (without limitation) damages for lost profits 4-4-07/swdllh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions lost revenues , lost savings suffered by the other Party regardless of the form of action whether in contract, warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement, nothing in this Section 5.2 shall limit amounts due and owing under any Performance Assurance Plan, Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party s liability to the other for (i) willful or intentional misconduct or (ii) damage to tangible real or personal property proximately caused solely by such Party s negligent act or omission or that of their respective agents, subcontractors or employees, Nothing contained in this Section 5.8 shall limit either Party s obligations of indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party liability for failing to make any payment due under this Agreement. Indemnity The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: Each of the Parties agrees to release, indemnify, defend and hold harmless the other Party and each of its officers, directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt liability, damage, obligation, claim , demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to reasonable costs and expenses (inCluding attorneys' fees), whether suffered made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for loss , damage to, or destruction of tangible property, whether or not owned by others, resulting from the Indemnifying Party's breach of or failure to perform under this Agreement regardless of the form of action, whether in contract, warranty, strict liability, or tort including (without limitation) negligence of any kind, In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Party, the Party whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and each of its officers, directors, employees and agents (collectively the Indemnified Party) against any and all such claims or loss by the Indemnifying Party , End User Customers regardless of whether the underlying service was provided or was provisioned by the Indemnified Party, unless the loss was caused by the willful misconduct of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party's End User Customers shall not extend to any claims for physical bodily injury or death of any Person or person , or for loss, damage to , or destruction of ' tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees, contractors, agents, or 07/swdllh/Purecom, LLC/CDS-070403-0003/1D Owest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions other representatives of the Indemnified Party, The indemnification provided herein shall be conditioned upon: The Indemnified Party shall promptly notify the Indemnifying Party of any action taken against the Indemnified Party relating to the indemnification. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party s ability to defend such claim, If the indemnifying Party wishes to defend against such action , it shall give written notice to the indemnified Party of acceptance of the defense of such action, In such event, the Indemnifying Party shall have sole authority to defend any such action , including the selection of legal counsel , and the Indemnified Party may engage separate legal counsel only at its sole cost and expense, In the event that the Indemnifying Party does not accept the defense of the action, the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party. In the event the Indemnified Party withholds consent, the Indemnified Party may, at its cost, take over such defense , provided that, in such event, the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Party against, any cost or liability in excess of such refused compromise or settlement. Intellectual Property 10.Except for a license to use any facilities or equipment (including software) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to telecommunications facilities and services, nothing contained within this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, trade name, trademark, service mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned, controlled or licensable by either Party, Nothing in this Agreement shall be construed as the grant to the other Party of any rights or licenses to trade or service marks, 10.Subject to Section 5,, each Party (the Indemnifying Party) shall indemnify and hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party, In addition to being subject to the provisions of Section 5,, the obligation for indemnification recited in this paragraph 07/swd/lh/Purecom, LLC/CDS-O70403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event of any claim , the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Party may request that the Indemnified Party take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services, and such request shall not be unreasonably denied. 10.To the extent required under applicable federal and state law, Qwest shall use its best efforts to obtain, from its vendors who have licensed intellectual property rights to Qwest in connection with facilities and services provided hereunder licenses under such intellectual property rights as necessary for Reseller to use such facilities and services as contemplated hereunder and at least in the same manner used by Qwest for the facilities and services provided hereunder. Qwest shall notify Reseller immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights, 10,Qwest covenants that it will not enter into any licensing Agreements with respect to any Qwest facilities, equipment or services, including software, that contain provisions that would disqualify Reseller from using or interconnecting with such facilities , equipment or services, including software pursuant to the terms of this Agreement. ' Qwest warrants and further covenants that it has not and will not knowingly modify any existing license Agreements for any network facilities, equipment or services, including software, in whole or in part for the purpose of disqualifying Reseller from using or interconnecting with such facilities, equipment or services, including software, pursuant to the terms of this Agreement. To the extent that providers of facilities, equipment, services or software in Qwest's network provide Qwest with indemnities covering intellectual property liabilities and those indemnities allow a flow-through of protection to third parties, Qwest shall flow those indemnity protections through to Reseller.10.4 Except as expressly provided in this Intellectual Property Section nothing in this Agreement shall be construed as the grant of a license, either express or implied , with respect to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual property right now or hereafter owned, controlled or licensable by either Party, Neither Party may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other Party or its Affiliates without execution of a separate Agreement between the Parties, 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1.7 Section 5 Terms and Conditions 10.Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected , or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its End Users, provided it does not represent the Network Elements as originating from the other Party or its Affiliates in any marketing, advertising or promotional activities or materials. 10.For purposes of resale only and notwithstanding the above , unless otherwise prohibited by Owest pursuant to an applicable provision herein , Reseller may use the phrase "Reseller is a Reseller of Owest Services" (the "Authorized Phrase ) in Reseller s printed materials provided: 10.The Authorized Phrase is not used in connection with any goods or services other than Owest services resold by Reseller. 10.2 Reseller s use of the Authorized Phrase does not cause End Users to believe that Reseller is Owest. 10.The Authorized Phrase, when displayed, appears only in text form (Reseller may not use the Qwest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of Reseller s name and in no event shall exceed 8 point size. 10.6.4 Reseller shall provide all printed materials using the Authorized Phrase to Owest for its prior written approval. 10.If Owest determines that Reseller s use of the Authorized Phrase causes End User confusion, Owest may immediately terminate Reseller right to use the Authorized Phrase. 10.Upon termination of Reseller right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and Reseller shall immediately cease any and all such use of the Authorized Phrase. Reseller shall either promptly return to Qwest or destroy all materials in its possession or control displaying the Authorized Phrase. 10,Qwest and Reseller each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (Marks ) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable.' Neither Party will do anything inconsistent with the other s ownership of their respective Marks , and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions and neither Party will infringe the Marks of the other, Warranties 11,EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST ANY WARRANTY EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS " WITH ALL FAULTS. Assignment 12.Neither Party may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third party without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate Affiliate or an entity under its common control; without the consent of the other Party, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor, Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 12.In the event that Qwest transfers to any unaffiliated party exchanges including End User Customers that Reseller serves in whole or in part through facilities or services provided by Qwest under this Agreement, the transferee shall be deemed a successor to Qwest's responsibilities hereunder for a period of ninety (90) Days from notice to Reseller of such transfer or until such later time as the Commission may direct pursuant to the Commission s then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Qwest shall use its best efforts to facilitate discussions between Reseller and the transferee with respect to transferee s assumption of Qwest's obligations pursuant to the terms of this Agreement. Default 13.If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) calendar Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision , but the same shall, nevertheless, be and remain in full force and effect. Disclaimer of Agency 14,Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or 4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions incur any liability or any obligation of any kind , express or implied , against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party, Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual , or to assume any responsibility for the management of the other Party s business. Severability 15,In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties will negotiate in good faith for replacement language as set forth herein, If any part of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will affect only the portion of this Agreement which is invalid or unenforceable, In all other respects, this Agreement will stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. Nondisclosure 16.All information , including but not limited to specifications, microfilm photocopies, magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical information, data , employee records, maps, financial reports , and market data, (i) furnished by one Party to the other Party dealing with business or marketing plans, End User Customer specific, facility specific, or usage specific information, other than End User Customer information communicated for the purpose of providing Directory Assistance or publication of directory database, or (ii) in written, graphic electromagnetic, or other tangible form and marked at the time of delivery as Confidential" or "Proprietary , or (iii) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) calendar Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as "Proprietary Information ), shall remain the property of the disclosing Party. A Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary Information. Each Party shall have the right to correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirty (30) Days after the information is disclosed. The receiving Party shall from that time forward , treat such information as Proprietary Information, To the extent permitted by Applicable Law either Party may disclose to the other proprietary or confidential customer, technical or business information. 16.Upon request by the disclosing Party, the receiving Party shall return all tangible copies of Proprietary Information , whether written, graphic or otherwise, except that the receiving Party may retain one copy for archival purposes. 16.Each Party shall keep all of the other Party's Proprietary Information confidential and will disclose it on a need to know basis only, Each Party shall use the other Party's Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to, 47 U.C, ~ 222. accordance with Section 222 of the Act, when either Party receives or obtains 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Proprietary Information from the other Party for purposes of providing any Telecommunications Services, that Party shall use such information only for such purpose, and shall not use such information for its own marketing efforts. Neither Party shall use the other Party's Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Party s employees to disciplinary action up to and including termination of employment. If either Party loses, or makes an unauthorized disclosure of, the other Party s Proprietary Information, it will notify such other Party immediately and use reasonable efforts to retrieve the information. 16.4 Unless otherwise agreed , the obligations of confidentiality and non-use set forth in this Agreement do not apply to such Proprietary Information as:a) was at the time of receipt already known to the receiving Party free of any obligation to keep it confidential evidenced by written records prepared prior to delivery by the disclosing Party; orb) is or becomes publicly known through no wrongful act of the receiving Party; orc) is rightfully received from a third person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee , agent, or contractor of the receiving Party which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; ore) is disclosed to a third person by the disclosing Party without similar restrictions on such third person s rights; or Party; or is approved for release by written authorization of the disclosing g) is required to be disclosed by the receiving Party pursuant to Applicable Law or regulation provided that the receiving Party shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 16.Nothing herein is intended to prohibit a Party from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLA T A services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Information pursuant to an appropriate protective order in any such proceeding. 16,Effective Date of this Section, Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 16.Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief including injunctive relief and specific performance, in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement but shall be in addition to all other remedies available at law or in equity, 16.Nothing herein should be construed as limiting either Party's rights with respect to its own Proprietary Information or its obligations with respect to the other Party's Proprietary Information under Section 222 of the Act. 16.Intentionally Left Blank Survival 17.Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification, Confidential or Proprietary Information, limitations of liability, and any other provisions of this Agreement which , by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof, Dispute Resolution 18.If any claim, controversy or dispute between the Parties, their agents, employees, officers, directors or affiliated agents should arise, and the Parties do not resolve it in the ordinary course of their dealings (the "Dispute ), then it shall be resolved in accordance with this Section. Each notice of default, unless cured within the applicable cure period , shall be resolved in accordance herewith. Dispute resolution under the procedures provided in this Section 5.18 shall be the preferred , but not the exclusive , remedy for all disputes between Qwest and Reseller arising out of this Agreement or its breach. Each Party reserves its rights to resort to the Commission or to a court, agency, or regulatory authority of competent jurisdiction, Nothing in this Section 5,18 shall limit the right of either Qwest or Reseller, upon meeting the requisite showing, to obtain provisional remedies (including injunctive relief) from a court before during or after the pendency of any arbitration proceeding brought pursuant to this Section 5.18. However, once a decision is reached by the Arbitrator, such decision shall supersede any provisional remedy. 18,At the written request of either Party (the Resolution Request), and prior to any other formal dispute resolution proceedings , each Party shall within seven (7) calendar Days after such Resolution Request designate a vice-presidential level employee or a representative with authority to make commitments to review, meet, and 4-4-07/swd/1 h/Purecom, LLC/CDS-070403-000311 D awest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions negotiate, in good faith , to resolve the Dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives , and the locations format, frequency, duration , and conclusions of these discussions shall be at the discretion of the representatives. By mutual Agreement, the representatives may use other procedures, such as mediation , to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations shall be treated as Confidential Information developed for purposes of settlement, and shall be exempt from discovery and production, and shall not be admissible in any subsequent arbitration or other proceedings without the concurrence of both of the Parties, 18,If the vice-presidential level representatives or the designated representative with authority to make commitments have not reached a resolution of the Dispute within fifteen (15) calendar Days after the Resolution Request (or such longer period as agreed to in writing by the Parties), or if either Party fails to designate such vice-presidential level representative or their representative with authority to make commitments within seven (7) calendar Days after the date of the Resolution Request then either Party may request that the Dispute be settled by arbitration. Notwithstanding the foregoing, a Party may request that the Dispute be settled by arbitration two (2) calendar Days after the Resolution Request pursuant to the terms of Section 5.18, In any case, the arbitration proceeding shall be conducted by a single arbitrator knowledgeable about the Telecommunications industry unless the Dispute involves amounts exceeding $5 000 000 (five million dollars) in which case the proceeding shallbe conducted by a panel of three (3) arbitrators, knowledgeable about the Telecommunications industry. The arbitration proceedings shall be conducted under the then-current rules for commercial disputes of the American Arbitration Association (AAA) or J,A.M,S.lEndispute, at the election of the Party that initiates dispute resolution under this Section 5.18. Such rules and procedures shall apply notwithstanding any part of such rules that may limit their availability for resolution of a Dispute. The Federal Arbitration Act, 9 U.C. ~~ 1-16, not state law, shall govern the arbitrability of the Dispute, The arbitrator shall not have authority to award punitive damages, The arbitrator s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration proceedings shall occur in the Denver~ Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that the Parties, by mutual , written agreement, may change any of these arbitration practices for a particular, some, or all Dispute(s). The Party which sends the Resolution Request must notify the Secretary of the Commission of the arbitration proceeding within forty-eight (48) hours of the determination to arbitrate. 18.All expedited procedures prescribed by the AAA S.lEndispute rules, as the case may be, shall apply to Disputes affecting the ability of a Party to provide uninterrupted , high quality services to its End User Customers, or as otherwise called for in this Agreement. A Party may seek expedited resolution of a Dispute if the vice-presidential level representative, or other representative with authority to make commitments, have not reached a resolution of the Dispute within two (2) calendar Days after the Resolution Request. In the event the Parties do not agree that a service affecting Dispute exists, the Dispute resolution shall commence under the expedited process set forth in this Section 5.18., however, the first matter to be addressed by the arbitrator shall be the applicability of such process to such Dispute. 4-4-07/swd/lhlPurecom, LLC/CDS-070403-0003I1D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions 18,There shall be no discovery except for the exchange of documents deemed necessary by the arbitrator to an understanding and determination of the Dispute, Qwest and Reseller shall attempt, in good faith , to agree on a plan for such document discovery. Should they fail to agree, either Qwest or Reseller may request a joint meeting or conference call with the arbitrator. The arbitrator shall resolve any Disputes between Qwest and Reseller, and such resolution with respect to the need, scope, manner, and timing of discovery shall be final and binding. 18.Arbitrator s Decision 18.The arbitrator s decision and award shall be in writing and shall state concisely the reasons for the award, including the arbitrator findings of fact and conclusions of law. 18.An interlocutory decision and award of the arbitrator granting or denying an application for preliminary injunctive relief may be challenged in a forum of competent jurisdiction immediately, but no later than ten (10) business days after the appellant's receipt of the decision challenged. During the pendency of any such challenge, any injunction ordered by the arbitrator shall remain in effect, but the enjoined Party may make an application to the arbitrator for appropriate security for the payment of such costs and damages as may be incurred or suffered by it if it is found to have been wrongfully enjoined , if such security has not previously been ordered. If the authority of competent jurisdiction determines that it will review a decision granting or denying an application for preliminary injunctive relief, such review shall be conducted on an expedited basis. 18.3.4 To the extent that any information or materials disclosed in the course of an arbitration proceeding contain proprietary, trade secret or Confidential Information of either Party, it shall be safeguarded in accordance with Section 5.16 of this Agreement, or if the parties mutually agree, such other appropriate Agreement for the protection of proprietary, trade secret or Confidential Information that the Parties negotiate. However, nothing in such negotiated Agreement shall be construed to prevent either Party from disclosing the other Party's information to the Arbitrator in connection with or in anticipation of an arbitration proceeding, provided however that the Party seeking to disclose the information shall first provide fifteen (15) calendar Days notice to the disclosing Party so that that Party, with the cooperation of the other Party, may seek a protective order from the arbitrator. Except as the Parties otherwise agree, or as the Arbitrator for good cause orders, the arbitration proceedings including hearings, briefs, orders, pleadings and discovery shall not be deemed confidential and may be disclosed at the discretion of either Party, unless it is subject to being safeguarded as proprietary, trade secret or Confidential Information, in which event the procedures for disclosure of such information shall apply, 18.4 Should it become necessary to resort to court proceedings to enforce a Party's compliance with the dispute resolution process set forth herein , and the court directs or otherwise requires compliance herewith, then all of the costs and expenses 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions including its reasonable attorney fees, incurred by the Party requesting such enforcement shall be reimbursed by the non-complying Party to the requesting Party, 18,No Dispute , regardless of the form of action, arising out of this Agreement, may be brought by either Party more than two (2) years after the cause of action accrues. 18.Nothing in this Section is intended to divest or limit the jurisdiction and authority of the Commission or the FCC as provided by state and federal law. 18.I n the event of a conflict between this Agreement and the rules prescribed by the AAA or J.A.M.S.lEndispute , this Agreement shall be controlling. 18.This Section does not apply to any claim , controversy or dispute between the Parties, their agents , employees, officers, directors or affiliated agents concerning the misappropriation of use of intellectual property rights of a Party, including, but not limited to, the use of the trademark, tradename, trade dress or service mark of a Party, Controlling Law 19.This Agreement is offered by Qwest and accepted by Reseller in accordance with applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance with applicable federal law and the state law of Idaho. Responsibility for Environmental Contamination 20.Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any environmental hazard that either Party did not introduce to the affected work location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages claims, demands, suits , liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any environmental hazard that the indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any environmental hazard for which the indemnifying Party is responsible under Applicable Law, Notices 21.Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail, return receipt requested, or by email where specified in this Agreement to Qwest and Reseller at the addresses shown below: 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Qwest Corporation Director - Interconnection Agreements 1801 California Street, 24th Floor Denver, CO 80202 Email: intaareeav.awestcom Phone: 303-965-3029 Fax: 303-896-7077 and to RESELLER at the address shown below: Purecom, LLC Daryl Sanders , President 4922 Mt Princeton Street Brighton, CO 80601 Email - dsanders(Qlpurecom.com Phone - 303-710-0673 Fax- 714-726-6906 With copy to: Owest Law Department Attn: Corporate Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21. Responsibility of Each Party 22,Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction compensation and discharge of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party will be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise generated in connection with its or its contractors' or agents ' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and property, real or personal, and (ii) the acts of its own Affiliates, employees, agents and contractors during the performance of that Party's obligations hereunder. No Third Party Beneficiaries 23,1 The provisions of this Agreement are for the benefit of the Parties and not for any other Person, This Agreement will not provide any Person not a Party to this Agreement with any remedy, claim , liability, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 0 Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions Intentionally Left Blank Publicity 25.Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party, Nothing in this section shall limit a Party s ability to issue public statements with respect to regulatory or judicial proceedings. Executed in Counterparts 26.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. Compliance 27.Each Party shall comply with all applicable federal , state , and local laws, rules and regulations applicable to its performance under this Agreement. Without limiting the foregoing, Qwest and Reseller agree to keep and maintain in full force and effect all permits, licenses, certificates , and other authorities needed to perform their respective obligations hereunder.28 Compliance with the Communications Assistance Law Enforcement Act of 1994 (CALEA) 28.Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with CALEA. Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party's sole cost and expense, modify or replace any equipment, facilities or services provided to the other Party under this Agreement to ensure that such equipment facilities and services fully comply with CALEA. Cooperation 29.The Parties agree that this Agreement involves the provision of Qwest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre- ordering, ordering, maintenance, Provisioning and Billing and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 9 of this Agreement. Amendments 30,Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) calendar Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 5 Terms and Conditions provisions of this Agreement. 30.Intentionally Left Blank. 30.The provisions of this Agreement, including the provisions of this sentence , may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default misrepresentation , or breach of warranty or covenant hereunder or affect in any way any . rights arising by virtue of any prior or subsequent such occurrence. Entire Agreement 31,This Agreement (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of this Agreement. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Section 6.0 - RESALE Description Owest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the terms and conditions of this Section. All Owest retail Telecommunications Services are available for resale from Owest pursuant to the Act and will include terms and conditions (except prices) in Owest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. While this Section 6.0 of this Agreement addresses the provision of certain Owest services to Reseller for resale by Reseller, the Parties also acknowledge that Reseller is required to provide its Telecommunications Services to Owest for resale by Owest. Upon request by Owest, Reseller shall make its Telecommunications Services available to Owest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC' relevant orders and rules , and the Commission s relevant orders and rules, Certain Owest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. Terms and Conditions Owest shall offer introductory training on procedures that Reseller must use to access Owest's OSS at no cost to Reseller. If Reseller asks Owest personnel to travel to Reseller location to deliver training, Reseller will pay Owest's reasonable travel related expenses. Owest may also offer to Reseller other training at reasonable costs. Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Owest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6. Promotional offerings of ninety (90) days or less are available for resale, Such promotions are available for resale under the same terms and conditions that are available to Owest retail End User Customers , with no wholesale discount. Should Owest re-offer any promotion for a sequential ninety (90) day or less promotion period following the initial ninety (90) day or less promotion period, then the initial and subsequent promotion(s) will be available to Reseller for resale with any applicable wholesale discount. Market trials of ninety (90) days or less are not available for resale. Residential services and Lifeline/Link-up services are available only to the same class of End User Customers eligible to purchase these services from Owest.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Exchange Service line resold by Reseller whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, calling cards and CPE, are not available for resale. Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and information services, other than voice messaging, are not available for resale. Qwest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs including early termination liability. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where Reseller seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide Reseller the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. Grandfathered services are available for resale by Reseller to existing End User Customers of the grandfathered product or service. Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and Reseller s serving location. Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single Reseller within a single Central Office switching system, A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality, Reseller may purchase multiple common blocks within a single Central Office switching system when Reseller requires different dialing plans , feature access arrangements and station line or system restrictions within a single system operation, Reseller with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (Le" Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. Centrex station lines are provisioned and charges are calculated based on serving Reseller s location. A location is defined as the site where 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Qwest facilities (cable plantfrom the serving Central Office Switch) meet Reseller facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with Reseller facilities, typically in a basement equipment room , which would be considered a single location for this multi-tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate Reseller facilities termination point is considered a location. Where Reseller has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location, Contiguous property is defined as property owned or leased by Reseller and not separated by public thoroughfare, river or railroad rights-of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where Reseller has Centrex station lines from multiple Central Office switching systems, within the same Qwest Wire Center, and provisioned to the same location, Reseller will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Reseller Centrex system to a single Reseller serving location for ratingpurposes. Reseller may not specify a Central Office as a Reseller location for the termination of Centrex station lines.10 Private line service used for Special Access is available for resale but not at a discount. Intentionally Left Blank,12 Telecommunications Services provided directly to Reseller for its own use and not resold to End User Customers must be identified by Reseller as such, and Reseller will pay Qwest retail prices for such services, Qwest shall provide to Reseller Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides' these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwest's retail End User Customers. Qwest shall also provide resold services to Reseller in accordance with the Commission s retail service quality requirements, if any. Qwest further agrees to reimburse Reseller for credits or fines and penalties assessed against Reseller as a result of Qwest' failure to provide service to Reseller, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: Qwest shall provide service credits to Reseller for resold services in accordance with the Commission s retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's service credits to Reseller shall be subject to the wholesale discount;b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to Reseller. Qwest is not required to provide service credits for service failures that are the fault of Reseller; 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Intentionally Left Blank, Intentionally Left Blank,e) In no case shall Qwest's credits to Reseller exceed the amount Qwest would pay a Qwest End User Customer under the service quality requirements less any wholesale discount applicable to Reseller s resold services; andf) In no case shall Qwest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident. Fines and Penalties - Qwest shall be liable to pay to Reseller fines and penalties for resold services in accordance with the Commission retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's fines and penalties paid to Reseller shall be subject to the wholesale discount;b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to Reseller. Qwest is not required to pay fines and penalties for service failures that are the fault of Reseller; Intentionally Left Blank.d) In no case shall Qwest's fines and penalties to Reseller exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to Reseller s resold services; ande) In no case shall Qwest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident.2.4 In the event that there are existing agreements between Reseller and Qwest for resale under Qwest retail Tariffs , catalogs, price lists , or other retail Telecommunications Services offerings , Reseller may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs price lists , or other retail Telecommunications Services offerings, or Reseller may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If Reseller so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. 6.2,Intentionally Left Blank. The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation, Qwest will accept at no charge one (1) primary white pages Directory Listing for each main telephone number belonging to Reseller s End User Customer based on End User Customer information provided to Qwest by Reseller. Qwest will place Reseller s End User Customer s Listings in Qwest's Directory Assistance Database and will include such Listings in Qwest's Directory Assistance Service. For additional terms and conditions for Directory Listings see Section 7 of this Agreement. 44-07/swdllh/Purecom, LLC/CDS-070403-0003I1D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Qwest shall provide to Reseller, for Reseller s End User Customers , E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be responsible for any failure of Reseller to provide accurate End User Customer information for listings in any databases in which Qwest is required to retain and/or maintain such information. Qwest shall provide Reseller s End User Customer information to the Automatic Location IdentificationlDatabase Management System (ALI/DMS), Qwest shall use its standard process to update and maintain Reseller s End User Customer service information in the ALlIDMS used to support E911/911 services on the same schedule that it uses for its retail End User Customers. Qwest assumes no liability for the accuracy of information provided by Reseller. Qwest provides access to Directory Assistance Services and Operators Services with Resellers Local Exchange Lines under this agreement. Local Operator Services calls will be handled by the Qwest Operator Services platform, For Reseller specific Branding of Qwest Directory Assistance and Operator Services , terms and conditions are available by amendment to this Agreement.10 Reseller shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. Reseller and Qwest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall disclaim any liability for Reseller s improper InterLATA and IntraLATA PIC change requests, and Reseller shall disclaim any liability for Qwest's improper InterLATA (when applicable) and IntraLATA PIC change requests,11 When End User Customers switch from Qwest to Reseller, or to Reseller from any other Reseller and if they do not change their service address to an address served by a different Rate Center, such End User Customers shall be permitted to retain their current telephone numbers if they so desire and if such number retention is not prohibited by Applicable Laws or regulations for number administration and Local Number Portability (LNP),12 In the event Qwest properly terminates the Provisioning of any resold services to Reseller for any reason, Reseller 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 Reseller s End User Customers. Qwest will provide notice to Reseller of Qwest's termination of a resold service on a timely basis consistent with Commission rules and notice requirements.13 The underlying network provider of a resold service shall be entitled to receive from the purchaser of Switched Access , the appropriate access charges pursuant to its then effective Switched Access Tariff.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if Reseller requests that facilities be constructed or enhanced to provide resold services , Qwest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Qwest's retail Tariffs, catalogs , price lists or other retail Telecommunications Services offerings and Commission rules. Under such circumstances, Qwest will develop and provide to Reseller a price quote for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest retail End User Customers, If the quote is accepted by Reseller, Reseller will be billed the quoted price and construction will commence after receipt ofpayment. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale Rates and Charges Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to Reseller. A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by Reseller without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs , catalogs, price lists, or other retail Telecommunications Services offerings also apply.3.4 Reseller will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for Reseller End User Customer changes of Interexchange or IntraLATA Carriers. Any change in Reseller s End User Customer s Interexchange or IntraLATA Carrier must be requested by Reseller on behalf of its End User Customer, and Qwest will not accept changes to Reseller s End User Customer s Interexchange or IntraLATA Carrier(s) from anyone other than Reseller. Reseller agrees to pay Qwest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e.g" continuous redial last call return , call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide Reseller with sufficient information to enable Reseller to bill its End User Customers, Miscellaneous Charges applicable to services ordered for resale by Reseller will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End User Customers , except that Reseller will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates , those additional services will be added to this Agreement at the original Agreement wholesale discount rate. Qwest shall timely bill new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills Reseller amounts different from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate bill adjustments or provide appropriate bill credits on Reseller s bill(s). If rates for services resold by Reseller under this Agreement change, based on changes in Qwest's Tariffs, catalogs, price lists or other retail Telecommunications Services 07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale offerings, charges billed to Reseller for such services will be based upon the new Tariff catalogs , price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs, catalogs, price lists , or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at Reseller s request for use by Reseller End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed. Ordering Process 6.4.1 Reseller, or Reseller s agent, shall act as the single point of contact for its End User Customers' service ne~ds , including without limitation , sales , service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Billing, collection and inquiry. Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Qwest's End User Customers contacting Reseller in error 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 Reseller from discussing its products and services with Reseller s or Qwest's End User Customers who call the other Party seeking such information. 6.4.1 Reseller, or Reseller 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, Reseller shall inform its End User Customers that they are End User Customers of Reseller for resold services. Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Qwest's End User Customers contacting Reseller in error will be instructed to contact Qwest. In the event Reseller s End User Customers contact Qwest in error, Qwest will either (1) provide the caller with a number the caller can dial to obtain sales information; or (2) ask the caller whether he or she would like to hear sales information. 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 Reseller from asking Reseller's or Qwest's End User Customers who call the other Party if they would like to discuss the Party's products and services , and then discussing the Party s products and services with those End User Customers who would like to do so, 6.4.Reseller shall transmit to Qwest all information necessary for the ordering (Billing, Directory Listing and other information), installation, repair, maintenance and post- installation servicing according to Qwest's standard procedures, as described in the QwestProduct Catalog (PCA T) available on Qwest'public web site located at http://www.Qwest.com/wholesale/pcat.Information shall be provided using Qwest's designated Local Service Request (LSR) format which may include the LSR, End User Customer and resale forms, 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 6 Resale 6.4,Qwest will use the same performance standards and criteria for installation Provisioning, maintenance , and repair of services provided to Reseller for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End User Customers. The installation , Provisioning, maintenance , and repair processes for Reseller s resale service requests are detailed in the Access to OSS Section of this Agreement, and , are applicable whether Reseller s resale service requests are submitted via Operational Support System or by facsimile, 6.4.4 Reseller is responsible for providing to Qwest complete and accurate End User Customer Directory Listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services 6.4,If Qwest's retail End User Customer, or the End User Customer s New Service Provider orders the discontinuance of the End User Customer s existing Qwest service in anticipation of the End User Customer moving to a New Service Provider, Qwest will render its closing bill to the End User Customer, discontinuing Billing as of the date of the discontinuance of Qwest's service to the End User Customer. If the Current Service Provider, or if the End User Customer s New Service Provider orders the discontinuance of existing resold service from the Current Service Provider, Qwest will bill the Current Service Provider for service through the date the End User Customer receives resold service from the Current Service Provider, Qwest will notify Reseller by Operational Support System interface, facsimile , or by other agreed-upon processes when an End User Customer moves from the Current Service Provider to a New Service Provider. Qwest will not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.Reseller shall provide Qwest and Qwest shall provide Reseller with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both Reseller and Qwest in the event special attention is required on a service request. 6.4.Prior to placing orders on behalf of the End User Customer, Reseller shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the POA Section of this Agreement. 6.4,Due Date intervals for Reseller s resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile, Intervals provided to Reseller shall be equivalent to intervals provided by Qwest to itself, its Affiliates, its subsidiaries , other Resellers, and to Qwest's retail End User Customers. Billing Qwest shall bill Reseller and Reseller shall be responsible for all applicable charges for the resold services as provided herein. Reseller shall also be responsible for all Tariffed , cataloged, price listed , and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that Reseller resells to an End User Customer under this Agreement. Qwest shall provide Reseller, on a monthly basis, within seven (7) to ten (10) calendar Days of the last day of the most recent Billing ~eriod , in an agreed upon standard electronic Billing format as detailed in the OSS Section~ Billing information including (1) 4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 6 Resale summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for Reseller review. Maintenance and Repair Qwest will maintain its facilities and equipment used to provide Reseller resold services. Reseller or its End User Customers may not rearrange, move, disconnect or attempt to repair Qwest's facilities or equipment, including facilities or equipment that may terminate orbe located at Reseller s End User Customer premises, other than by connection or disconnection to any interface between Qwest and the End User Customer s facilities, without the written consent of Qwest. Maintenance and Repair procedures are detailed in this Agreement. Reseller and Qwest will employ the procedures for handling misdirected repair calls as specified in this Agreement. E911 Database Updates for Resale Based Resellers 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 Reseller 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. ' 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-Reseller for resolution. In the case of facilities-based Resellers , the vendor will interface directly with Reseller to resolve record errors. Resale - PS/ALI Ordering 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 ED I). PS/ALI Billing Upon completion of implementation of the PS/ALI service, Qwest will initiate PS/ALI nonrecurring and recurring Billing. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1D Qwest Resale Template 3-30-06 Version 1. Section 7 White Page Directory Listings SECTION 7.0 - WHITE PAGES DIRECTORYUSTINGS Description White Pages Directory Listings Service consists of Qwest placing the names , addresses and telephone numbers of Reseller s End User Customers in Qwest's Listings database, based on End User Customer information provided to Qwest by Reseller. Qwest is authorized to use Reseller End User Customer Listings as noted below. Terms and Conditions White Pages Directory Listings Service is provided to Reseller with Reseller 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 shallbe controlling, White Pages Directory Listings Service is available to Reseller as described in this Section. Reseller will provide to Qwest, in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy Listings, Qwest will accept one (1) primary Listing for each main telephone number belonging to Reseller s End User Customers at no monthly recurring charge. Reseller will be charged for its resale premium Listings (e. additional, foreign , cross-reference) and privacy Listings (i.e., nonlisted and nonpublished) at Qwest's General Exchange Listing Tariff rates, less the wholesale discount, if any, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General Exchange Tariffs. Intentionally Left Blank.2.4 Information on submitting and updating Listings is available in "Facility Based Resellers and Reselier/Unbundled Network Resellers Directory Listings User Document" Qwest will furnish Reseller Listings format specifications, Directory publishing schedules and deadlines for Qwest'official directory publisher will be provided to Reseller. If Reseller provides its End User Customer s Listings to Qwest, Reseller grants Qwest access to Reseller s End User Customer Listings information for use in its Directory Assistance Service - and in its Directory Assistance List Service and for other lawful purposes, except that Reseller s Listings supplied to Qwest by Reseller 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 ResellerEnd User Customer Listings in the Directory Assistance Database. Qwest will incorporate Reseller s End User Customer Listings information in all existing and future 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 7 White Page Directory Listings Directory Assistance applications developed by Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or other transaction , this access grant automatically terminates. Reseller End User Customer Listings will be treated the same as Owest's End User Customer Listings. Prior written authorization from Reseller, which authorization may be withheld , shall be required for Owest to sell , make available, or release Reseller s End User Customer Listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from Reseller shall be required for Owest to sell , make available, or release Reseller 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. Owest will not charge Reseller for updating and maintaining Owest's Listings databases. Reseller will not receive compensation from Owest for any sale of Listings by Owest as provided for under this Agreement. To the extent that state Tariffs limit Owest'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, Owest is responsible for maintaining Listings, including entering, changing, correcting, rearranging and removing Listings in accordance with Reseller orders. Owest provides non-discriminatory appearance and integration of white pages directory Listings for all Reseller s and Owest's End User Customers. All requests for white pages directory listings , whether for Reseller or Owest End User Customers follow the same processes for entry into the Listings database.10 Owest will take reasonable steps in accordance with industry practices to accommodate Reseller s non published and non listed Listings provided that Reseller has supplied Owest the necessary privacy indicators on such Listings. 11 Reseller s white pages directory Listings will be in the same font and size as Listings for Owest End User Customers, and will not be separately classified.12 Owest processes for publication of white pages directory Listings will make no distinction between Reseller s and Owest's subscribers. Reseller s Listings will be provided with the same accuracy and reliability as Owest's End User Customer Listings. Owest will ensure Reseller's Listings provided to Owest are included in the white pages directory published on Owest's behalf using the same methods and procedures , and under the same terms and conditions, as Owest uses for its own End User Customers' Listings,13 ' For Reseller s End User Customers whose Listings Reseller provides to Owest for submission to its official directory publisher, Owest shall ensure its third party publisher distributes appropriate alphabetical and classified directories (white and yellow pages) and recycling services to such Reseller End User Customers at Parity with Owest End User Customers , including providing directories a) upon establishment of new service; b) during annual mass distribution; and c) upon End User Customer request. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 7 White Page Directory Listings14 Reseller 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. Reseller further represents that it shall review all Listings information provided to Qwest, including End User Customer- requested restrictions on use, such as non published and nonlisted restrictions. Intentionally Left Blank.16 Reseller shall be solely responsible for knowing and adhering to state laws or 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 Reseller represents and warrants that listings Reseller 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, 17 Reseller 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. 7.2.18 Reseller will supply its ACNA/CIC or CLCC/OCN , as appropriate , with each order to provide Qwest the means of identifying Listings ownership.19 Prior to placing Listings orders on behalf of End User Customers Reseller shall be responsible for obtaining, and have in its possession , Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement.20 For Listings that Reseller 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.21 Qwest will provide Reseller 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,22 Reseller may review and if necessary edit its white page Listings prior to the close date for publication in the directory.2.23 Reseller is responsible for all dealings with , and on behalf of, Reseller End User Customers , including: - 7,23.All End User Customer account activity (e., End User Customer queries and complaints); 23,All account maintenance activity (e,g" additions, changes issuance of orders for Listings to Qwest); 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 7 White Page Directory Listings 23.Determining privacy requirements and accurately coding the privacy indicators for Reseller s End User Customer information (if End User Customer information provided by Reseller to Qwest does not contain a privacy indicator, no privacy restrictions will apply); and 7.2.24.4 Customers. Any additional services requested by Reseller s End User 25 Pursuant to Sections 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 Reseller 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 Reseller, Qwest shall enter into negotiations with Reseller for Reseller s use of subscriber list information for purposes other than publishing directories , and Qwest and Reseller will enter into a written contract if agreement is reached for such use, 25,Qwest shall use commercially reasonable efforts to ensure that its retail End User Customers' Listings provided to Reseller 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 Reseller including End User Customer-requested restrictions on use, such as non published and nonlisted restrictions,26 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 Reseller contained in Qwest's Listings database so that Reseller 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. 7.2.27 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.28 Owest agrees that any arrangement with an Affiliate or contractor for the publication of white pages directory Listings shall require such Affiliate or contractor to provide Reseller space in the customer guide pages of the white pages directory for the purpose of notifying End User Customers how to reach Reseller to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities.29 If Reseller submits its End User Customer Listings to Owest through a service bureau or other type of third party (agent), Reseller and the agent shall execute a Letter of Authorization (LOA), in a form acceptable to Owest, that shall include, but not be limited to, the following terms: 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 7 White Page Directory Listings 29,That the agent is authorized by Reseller to submit Listings to Qwest on its behalf and to work with Qwest in resolving any issues surrounding its Listing submissions; and 29.That the agent will comply with all terms and conditions of this Agreement in submitting Reseller s End User Customers' Listings to Qwest. 29,3 Reseller s use of an agent in submitting its End User Customers Listings to Qwest shall not alter Reseller s obligations under this Agreement and Reseller shall remain primarily liable for covenants and responsibilities under this Agreement. Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. Primary Listings; and Premium and Privacy Listings. Ordering Process 7.4,Qwest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 7.4.Reseller 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 Resellers which is available on-line through the PCAT http://www.Qwest.com/wholesale/pcat/) or will be provided in hard copy to Reseller upon request. Initial information and directions are available in the PCAT, 7.4.Reseller can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI , IMA-GUI , or by facsimile. 4-4-07/swdllh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 8 Network Security SECTION 8.0 - NETWORK SECURITY 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. 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, Reseller is responsible for covering its employees on such security requirements and penalties. The Qwest 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.8.4 Qwest and Reseller 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 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, 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. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 8 Network Security13 Reseller 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, Reseller shall call 911 and 1-888-879-7328,14 Qwest and Reseller employees ' agents and vendors will display the identification/access card above the waist and visible at all times.15 Revenue Protection. Qwest shall make available to Reseller 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 prevention, detection and control functionality within pertinent Operations Support Systems which include but are not limited to LlDB Fraud monitoring systems, 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 0 Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) Section 9.0 -ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) General Terms owest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between Reseller s and ' owest's OSS. These gateways provide security for the interfaces, protecting the integrity of the owest OSS and databases. owest' OSS interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and manual processes that owest has developed and shall provide to Reseller. Additional technical information and details shall be provided by owest in training sessions and documentation and, support, such as the "Interconnect Mediated Access User s Guide." owest will continue to make improvements to the electronic interfaces as technology evolves, owest's legacy systems improve, or Reseller needs require. Owest shall provide notification to Reseller consistent with the provisions of the Change Management Process (CMP) set forth in Section 9. Through its electronic gateways and manual processes, Owest shall provide Reseller non-discriminatory access to Owest's OSS for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such as pre-ordering and ordering and Provisioning of resold services, owest shall provide Reseller access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue , such as pre-ordering and ordering and Provisioning of Unbundled Elements, owest shall provide Reseller access to owest's OSS sufficient to allow an efficient competitor a meaningful opportunity to compete. owest will comply with the standards for access to OSS set forth in Section 9. Owest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. owest shall provide assistance for Reseller to understand how to implement and use all of the available OSS functions, owest shall provide Reseller sufficient electronic and manual interfaces to allow Reseller equivalent access to all of the necessary OSS functions. Through its web site, training, disclosure documentation and development assistance, owest shall disclose to Reseller any internal business rules and other formatting information necessary to ensure that Reseller requests and orders are processed efficiently. Owest shall provide training to enable Reseller devise its own course work for its own employees. Through its documentation available to Reseller, Owest will identify how its interface differs from national guidelines or standards. owest shall provide OSS designed to accommodate both current demand and reasonably foreseeable demand, OSS Support for Pre-Ordering, Ordering and Provisioning Local Service Request (LSR) Ordering Process owest shall provide electronic interface gateways for submission of LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical User Interface (GUI). 9.2.1.2 The interface guidelines for EDI are based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry Forum (TCIF) Customer Service Guidelines; and the American National Standards 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the above guidelines/standards shall be specified in the EDI disclosure documents. The GUI shall provide a single interface for Pre-Order and Order transactions from Reseller 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/Internet Protocol (TCP/IP) to transmit messages. Functions Pre-ordering - Qwest will provide real time, electronic access to pre-order functions to support Reseller s ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to Reseller: 1.4.1 Features, services and Primary Interexchange Carrier (PIC) options for IntraLATA Toll and InterLATA Toll available at a valid service address; 1.4.2 Access to Customer Service Records (CSRs) for 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; 1.4.Telephone number request and selection; 1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 1.4.Information regarding whether dispatch is required for service installation and available installation appointments; 1.4.Service address verification; 1.4.Facility availability, Loop qualification , including resale-DSL, and Loop make-up information , including, but not limited to , Loop length, presence of Bridged Taps , repeaters, and loading coils. 1.4.A list of valid available CFAs for Unbundled Loops, 1.4,A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops. 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, Dial-Up Capabilities Intentionally Left Blank, Intentionally Left Blank. When Reseller requests from Qwest more than fifty (50) 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) SecurlDs for use by Reseller Customer service representatives at a single Reseller location, Reseller shall use a T1 line instead of dial-up access at that location. If Reseller is obtaining the line from Qwest, then Reseller shall be able to use SecurlDs until such time as Qwest provisions the T1 line and the line permits pre-order and order information to be exchanged between Qwest and Reseller. Access Service Request (ASR) Ordering Process Qwest shall provide a computer-to-computer batch file 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 Reseller to adjust system requirements. Facility Based ED! Listing Process -- Qwest shall provide a Facility Based EDI Listing interface to enable Reseller Listing data to be translated and passed into the Qwest Listing database. This interface is based upon OBF LSOG and ANSI ASC X12 standards. Qwest shall supply exceptions to these guidelines/standards in writing in sufficient time for Reseller to adjust system requirements. Qwest will establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Qwest will work cooperatively with Resellers through the CMP process to consider any suggestions made by Resellers to improve or modify such plans. Reseller specific requests for modifications to such plans will be negotiated and mutually agreed upon between Qwest and Reseller. Ordering and Provisioning - Qwest will provide access to ordering and status functions. Reseller will populate the service request to identify what features services, or elements it wishes Qwest to provision in accordance with Qwest's published business rules. Qwest shall provide all Provisioning services to Reseller during the same business hours that Qwest provisions services for its End User Customers, Qwest will provide out-of-hours Provisioning services to Reseller 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,9.2 When Reseller places an electronic order, Qwest will provide Reseller with an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-standard formats and contain the Qwest Due Date for order completion, Upon completion of the order, Qwest will provide Reseller with an electronic completion notice which follows industry-standard formats and which states when the order was completed. Qwest supplies two (2) separate completion notices: 1) service order completion (SaC) which notifies Reseller that the service order record has been completed , and 2) Billing completion that notifies Reseller that the service order has posted to the Billing system. 9.2,When Reseller places a manual order, Qwest will provide Reseller with a manual Firm Order Confirmation notice. The confirmation notice will follow industry-standard formats. Upon completion of the order, Qwest will 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) provide Reseller with a completion notice which follows industry-standard formats and which states when the order was completed. Qwest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies Reseller that the service order record has been completed, and 2) Billing completion that notifies Reseller that the service order has posted to the Billing system,9.4 When Reseller places an electronic order, Qwest shall provide notification electronically of any instances when (1) Qwest's Committed Due Dates are 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 9, When Reseller places a manual order, Qwest shall provide notification of any instances when (1) Qwest's Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an o~der is rejected, The standards for returning such notices are set forth in Section Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 9. Where Qwest provides installation on behalf of Reseller, Qwest shall advise the Reseller End User Customer to notify Reseller immediately if Reseller s End User Customer requests a service change at the time of installation. Maintenance and Repair Qwest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface , for reviewing an End User Customer trouble history at a specific location, conducting testing of an End User Customer service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Qwest and Reseller while the Trouble Report (TR) is open and a Qwest technician is working on the resolution. Reseller may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by Reseller that trouble is cleared, Interface Availability Qwest shall make its OSS interfaces available to Reseller during the hours listed in the Gateway Availability PIDs. Qwest shall notify Reseller in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable, Billing 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, 2.4.For products billed out of the Qwest Customer Record Information 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 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 Reseller. Outputs Output information will be provided to Reseller 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 Reseller come in the following categories: 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 Bills 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 Reseller. These bills are segmented by state and bill cycle. The number of bills received by Reseller is dictated by the product ordered and the Qwest region in which Reseller is operating. 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. 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 Reseller 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 Reseller with the same level of precision and accuracy it provides itself. This file will be provided for resale 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (aSS) products, The charge for this Daily Usage Record File is contained in Exhibit A of this Agreement. Routing of in-region IntraLA T A Collect, Calling Card, and Third Number Billed Messages - Qwest will distribute in-region IntraLATA collect calling card, and third number billed messages to Reseller and exchange with other Resellers 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. 2.4 Loss Report provides Reseller 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 Resellers 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. Completion Report provides Reseller with a daily report. This report is used to advise Reseller 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. 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 Reseller. Category 1101 series records are used to exchange detailed access usage information. Intentionally Left Blank 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, InterLATAJlntraLATA 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. Change Management Qwest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices to address Qwest's OSS, products and processes, The CMP shall include, but not be limited to the following: (i) provide a forum for Reseller and Qwest to discuss Reseller and Qwest change requests (CR), CMP notifications, systems release life cycles , and communications; (ij) provide 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID awest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) a forum for Resellers and Qwest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals where appropriate in the process; (v) processes by which Reseller 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, development and 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 Resellers, including the availability of web-based tools; (x) documentation provided by Qwest that is effective in enabling Resellers to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among Resellers and Qwest and requires agreement by the CMP participants, Pursuant to the scope and procedures set forth in the CMP Document, Qwest will submit to Resellers through the CMP , among other things, modifications to existing products and product and technical documentation available to Resellers , introduction of new products available to Resellers, discontinuance of products available to Resellers , 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 Resellers in the ongoing CMP redesign process. 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 redesign process as soon as practicable after they are made. The CMP Document will be subject to change through the CMP process, as set forth in the CMP Document. Qwest will maintain the most current version of the CMP Document on its wholesale web site. In the course of establishing operational ready system interfaces between Qwest and Reseller to support local service delivery, Reseller and Qwest may need to define and implement system interface specifications that are supplemental to existing standards. Reseller and Qwest will submit such specifications to the appropriate standards committee and will work towards their acceptance as standards. Release updates will be implemented pursuant to the CMP. Intentionally Left Blank. Reseller Responsibilities for Implementation of OSS Interfaces Before Reseller implementation can begin, Reseller must completely and accurately answer the New Customer Questionnaire as required in Section 3,7.2 Once Qwest receives a complete and accurate New Customer Questionnaire, Qwest and Reseller will mutually agree upon time frames for implementation of connectivity between Reseller and the OSS interfaces. 07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) Qwest Responsibilities for On-going Support for OSS Interfaces Qwest will support previous EDI releases for six (6) months after the next subsequent ED! release has been deployed, 9.2, new release. Qwest will provide written notice to Reseller of the need to migrate to a Qwest will provide an EDI Implementation Coordinator to work with Reseller for business scenario re-certification, migration and data conversion strategy definition. Re-certification is the process by which Reseller demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Qwest will provide the suite of tests for re-certification to Reseller with the issuance of the disclosure document.8.4 Qwest shall provide training mechanisms for Reseller to pursue in educating its internal personnel. Qwest shall provide training necessary for Reseller to use, Qwest's OSS interfaces and to understand Qwest's documentation, including Qwest's business rules. Reseller Responsibilities for On-going Support for ass Interfaces If using the GUI interface , Reseller will take reasonable efforts to train Reseller personnel on the GUI functions that Reseller will be using, An exchange protocol will be used to transport EDI formatted content. Reseller must perform certification testing of exchange protocol prior to using the EDI interface. Qwest will provide Reseller 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 Reseller: Connectivity Testing - Reseller and Qwest will conduct connectivity testing. This test will establish the ability of the trading partners tosend and receive EDI messages effectively. , This test verifies the communications between the trading partners, Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if Reseller or Qwest has implemented environment changes when moving into production. 2 Stand-Alone Testing Environment (SATE) - Qwest's stand- alone testing environment will take pre-order and order requests, pass them tothe stand-alone database, and return responses to Reseller during its development and implementation of EDI. The SATE provides Reseller the opportunity to validate its technical development efforts built via Qwest documentation without the need to schedule test times. This testing verifies 4-4-07/swd/lh/Purecom. LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) Reseller s ability to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases, SATE uses test account data supplied by 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. Interoperability Testing - Reseller has the option of participating with Qwest in Interoperability testing to provide Reseller with the opportunity to validate technical development efforts and to quantify processing results, Interoperability testing verifies Reseller s ability to send correct EDI transactions through the EDI system edits successfully, Interoperability testing requires the use of valid data in Qwest production systems. All Interoperability pre-order queries and order transactions are subjected to the same edits as production orders. This testing phase is optional when Reseller has conducted Stand-Alone Testing successfully. Qwest shall process pre-order transactions in Qwest'production OSS and order transactions through the business processing layer of the ED! interfaces, Controlled Production - Qwest and Reseller will perform controlled production. The controlled production process is designed to validate the ability of Reseller to transmit EDI data that completely meets X12 standards definitions and complies with all Qwest business rules. Controlled production consists of the controlled submission of actual Reseller production requests to the Qwest production environment. Qwest treats these pre-order queries and orders as production pre-order and order transactions. Qwest and Reseller use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and will be provisioned. If Reseller is using ED I , Qwest shall provide Reseller with a pre- allotted amount of time to complete certification of its business scenarios. Qwest will allow Reseller 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 Reseller s business plan. It is the sole responsibility of Reseller to schedule an appointment with Owest for certification of its business scenarios. Reseller 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 Reseller, itis the sole responsibility of Reseller to schedule new appointments for certification of its business scenarios. Qwest will make reasonable efforts to accommodate Reseller schedule. Conflicts in the schedule could result in certification being delayed, If a delay is due to Qwest, Qwest will honor Reseller's schedule through the use of alternative hours.9.4 If Reseller is using the EDI interface, Reseller must work with Owest to certify the business scenarios that Reseller will be using in order to ensure successful transaction processing. Owest and Reseller shall mutually agree to the business scenarios for which Reseller requires certification. Certification will be granted for the specified release of the EDI interface. If Reseller is certifying multiple products or 4-4-07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) services , Reseller 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 Reseller a stable testing environment that mirrors the production environment in order for Reseller to test the new release, For software releases and upgrades Qwest has implemented the testing processes set forth in Sections 9. 3 and 9,3.4. New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification will be made by the Qwest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification will be provided to Reseller as the new release is implemented, The suite of re-certification test scenarios will be provided to Reseller with" the disclosure document. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel , where Technically Feasible. Reseller will contact the Qwest ED! Implementation Coordinator to initiate the migration process. Reseller may not need to certify to every new EDI release , however, Reseller must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. Reseller will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner, The following rules apply to initial development and certification of EDI interface versions and migration to subsequent EDI interface versions: Stand Alone and/or Interoperability testing must begin on the prior release before the next release is implemented. Otherwise, Reseller will be required to move its implementation plan to the next release. New EDI 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, Reseller will be required to move its implementation plan to the next release. Any EDI 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 or Interoperability environment before two (2) months after the implementation of the next release, Reseller will be expected to execute the re-certification test cases in the stand alone and/or Interoperability test environments. Reseller will provide Purchase Order Numbers (PONs) of the successful test cases to Qwest. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) In addition to the testing set forth in other sections of Section 9., upon request by Reseller, Qwest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached, Reseller 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, Reseller 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 Reseller community, the costs shall be assigned to Reseller requesting the test procedures. Reseller Support 10.Qwest shall provide documentation and assistance for Reseller to understand how to implement and use all of the available OSS functions. Qwest shall provide to Reseller in writing any internal business rules and other formatting information necessary to ensure that Reseller s requests and orders are processed efficiently. This assistance will include, but is not limited to, contacts to the Reseller account team training, documentation, and Reseller Help Desk. Qwest will also supply Reseller with an escalation level contact list in the event issues are not resolved via contacts to the Reseller account team, training, documentation and Reseller Help Desk. 10.Reseller Help Desk 10.The Reseller Systems Help Desk will provide a single point of entry for Reseller to gain assistance in areas involving connectivity, system availability, and file outputs. The Reseller Systems Help Desk areas are further described below. 10.Connectivity covers trouble with Reseller s access to the Qwest system for hardware configuration requirements with relevance to EDI and GUI interfaces; software configuration requirements with relevance to EDI and GUI interfaces; modem configuration requirementsT1 configuration and dial-in string requirements, firewall access configuration, SecurlD configuration Profile Setup, and password verification. 10.System Availability covers system errors generated during an attempt by Reseller to place orders or open trouble reports through EDI and GUI interfaces. These system errors are limited to: Resale/POTS; UNE POTS; Design Services and Repair. 10.File Outputs covers Reseller 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. 10.Additional assistance to Reseller is available through various public web sites, These web sites provide electronic interface training information and user 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 D Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 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 Reseller to gain assistance in areas involving order submission and manual processes, 11 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 recurring or nonrecurring OSS 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. Maintenance and Repair Service Levels 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 Reseller repair status information in substantially the same time and manner as Qwest provides for its retail services. During the term of this Agreement, Qwest will provide necessary maintenance business process support to allow Reseller to provide similar service quality to that provided by Qwest to itself, its End User Customers , its Affiliates, or any other party. 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 Reseller 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. Branding Qwest shall use unbranded Maintenance and Repair forms while interfacing with Reseller End User Customers. Upon request, Qwest shall use Reseller provided and branded Maintenance and Repair forms. Qwest may not unreasonably interfere with branding by Reseller. Except as specifically permitted by Reseller, in no event shall Qwest provide information to Reseller subscribers about Reseller or Reseller product or services. 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 Reseller or its Affiliates, except as expressly permitted by Reseller. 07/swd/lh/Purecom. LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) Service Interruptions 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 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. 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,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. Before either Party reports a troubl,e condition, it shall use its best efforts to isolate the trouble to the other s facilities. In cases where a trouble condition affects a significant portion of the other s service, the Parties shall assign the same priority provided to Reseller as itself, its End User Customers, its Affiliates, or any other party, The Parties shall cooperate in isolating trouble conditions, Trouble Isolation 3.4.Reseller 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. Reseller 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 Reseller, prior to reporting trouble to Owest. Reseller shall have access for testing 07/swd/lh/Purecom, LLC/CDS-070403-000311 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) purposes at the Demarcation Point, NID, or Point of Interface. Owest will work cooperatively with Reseller to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Owest's network. Owest and Reseller 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 9,3.4,2 and 3.4. 3.4.When Reseller requests that Owest' perform trouble isolation with Reseller, a Maintenance of Service charge will apply if the trouble is found to be on the End User Customer s side of the Demarcation Point. If the trouble is on the End User Customer s side of the Demarcation Point, and Reseller authorizes Owest to repair trouble on Reseller s behalf, Owest will charge Reseller the appropriate Additional Labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge, 3.4,When Reseller elects not to perform trouble isolation and Owest performs tests at Reseller request, a Maintenance of Service Charge shall apply if the trouble is not in Owest's facilities , including Owest'facilities leaseq by Reseller. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on Owest's side of the Demarcation Point, or Point of Interface during the investigation of the initial or repeat trouble report for the same line or circuit within thirty (30) Days Maintenance of Service charges shall not apply. Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under -this Agreement, Owest will not perform any maintenance of inside wire (premises wiring beyond the End User Customer s Demarcation Point) for Reseller or its End User Customers. TestinglTest Requests/Coordinated Testing/UNEs Where Reseller does not have the ability to diagnose and isolate trouble on a Owest line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Owest will conduct testing, to the extent testing capabilities are available to Owest, to diagnose and isolate a trouble in substantially the same time and manner that Owest provides for itself, its End User Customers , its Affiliates, or any other party. Prior to Owest conducting a test on a line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Owest must receive a trouble report from Reseller. On manually reported trouble for non-designed services, Owest will provide readily available test results to Reseller or test results to Reseller in accordance with any applicable Commission rule for providing test results to End User Customers or Resellers. On manually reported' trouble for designed services provided in this Agreement, Owest will provide Reseller test results upon request. For electronically reported trouble, Owest will provide Reseller with the ability to obtain basic test results in substantially the same time and manner that Owest provides for itself, its End User Customers, its Affiliates , or any other party. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS)6.4 Reseller 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 Reseller, 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. Qwest shall test to ensure electrical continuity of all UNEs, including Central Office Demarcation Point, and services it provides to Reseller prior to closing a trouble report. Work Center Interfaces Qwest and Reseller shall work cooperatively to develop positive , close working relationships among corresponding work centers involved in the trouble resolution processes. Misdirected Repair Calls Reseller and Qwest will employ the following procedures for handling misdirected repair calls: Reseller and Qwest will provide their respective End User Customers with the correct telephone numbers to call for access to their respective repair bureaus. End User Customers of Reseller shall be instructed to report all cases of trouble to Reseller. End User Customers of Qwest shall be instructed to report all cases of trouble to Qwest. 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 Reseller from discussing its products and services with Reseller s or Qwest's End User Customers who call the other Party seeking such information.1.4 Reseller and Qwest will provide their respective repair contact numbers to one another on a reciprocal basis. In responding to repair calls, Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Qwest's End User Customers contacting Reseller in error 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 Reseller from discussing its products and services with Reseller s or Qwest' End User Customers who call the other Party seeking such information, In responding to repair calls, Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Qwest's End 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003I1D Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) User Customers contacting Reseller in error 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 Reseller from discussing its products and services with Reseller s or Qwest' End User Customers who call the other Party, 5 Reseller, or Reseller s agent, shall act as the single point of contact for its End User Customer s 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. Reseller shall inform its End User Customers that they are End User Customers of Reseller for resold services. Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Qwest's End User Customers contacting Reseller in error will be instructed to contact Qwest. In the event Reseller s End User Customers contact Qwest in error, Qwest will either (1) provide the caller with a number the caller can dial to obtain sales information, or (2) ask the caller whether he or she would like to hear sales information. 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 Reseller from asking Reseller s or Qwest's End User Customers who call the other Party if they would like to discuss the Party products and services , and then discussing the Party s products and services with those End User Customers who would like to do so. Major Outages/Restoral/Notification Qwest will notify Reseller 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 Reseller 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 and/or industry standards. Qwest will meet with associated personnel from Reseller to share contact information and review Qwest's outage restoral processes and notification processes. Qwest's emergency restoration process operates on a 7X24 basis. Protective Maintenance 10,Qwest will perform scheduled maintenance of substantially the same 4-4-07/swd/1 h/Purecom , LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) type and quality to that which it provides to itself, its End User Customers, its Affiliates or any other party. 10,awest will work cooperatively with Reseller to develop industry-wide processes to provide as much notice as possible to Reseller of pending maintenanceactivity. awest shall provide notice of potentially Reseller Customer impacting maintenance activity, to the extent awest can determine such impact, and negotiate mutually agreeable dates with Reseller in substantially the same time and manner as it does for itself, its End User Customers, its Affiliates , or any other party. 10.3 ,awest shall advise Reseller of non-scheduled maintenance, testing, monitoring, and surveillance activity to be performed by awest on any services including, to the extent awest can determine, any hardware, equipment, software , or system providing service functionality which may potentially impact Reseller and/or Reseller End User Customers. awest shall provide the maximum advance notice of such non-scheduled maintenance and testing activity possible, under the circumstances; provided, however, that awest shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise Reseller promptly of any such actions it takes. Hours of Coverage 11,1 awest's repair operation is seven (7) Days a week, twenty-four (24) hours a day, Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available, awest's repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. Escalations 12.awest will provide trouble escalation procedures to Reseller. Such procedures will be substantially the same type and quality as awest employs for itself its End User Customers , its Affiliates, or any other party. awest escalations are manual processes. 12.awest repair escalations may be initiated by either calling the trouble reporting center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty supervisor, manager, director, vice president. The first escalation point is the tester. Reseller may request escalation to higher tiers in its sole discretion. Escalations status is available through telephone and the electronic interfaces, 12,Owest shall handle chronic troubles on non-designed services , which are those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant Section 9. Dispatch 13.awest will provide maintenance dispatch personnel in substantially the same time and manner as it provides for itself, its End User Customers, its Affiliates, or any other party. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-000311 0 Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 13.Upon the receipt of a trouble report from Reseller, Qwest will follow internal processes and industry standards, to resolve the repair condition, Qwest will dispatch repair personnel on occasion to repair the condition. It will be Qwest's decision whether or not to send a technician out on a dispatch. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process, It is not always necessary to dispatch to resolve trouble; should Reseller require a dispatch when Qwest believes the dispatch is not necessary, appropriate charges will be billed by Qwest to Reseller for those dispatch-related costs in accordance with Exhibit A if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by Reseller facilities or equipment. 13.For POTS lines and designed service circuits, Qwest is responsible for all Maintenance and Repair of the line or circuit and will make the determination to dispatch to locations other than the Reseller Customer premises without prior Reseller authorization. For dispatch to the Reseller Customer premises Qwest shall obtain prior Reseller authorization with the exception of major outage restoration , cable rearrangements, and MTE terminal maintenance/replacement. Electronic Reporting 14.Reseller may submit Trouble Reports through the Electronic Bonding or GUI interfaces provided by Qwest. 14.The status of manually reported trouble may be accessed by Reseller through electronic interfaces. Intervals/Parity 15.Similar trouble conditions, whether reported on behalf of Qwest End User Customers or on behalf of Reseller End User Customers, will receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its End User Customers, its Affiliates , or any other party. Jeopardy Management 16,Qwest will notify Reseller, in substantially the same time and manner as Qwest provides this information to itself, its End User Customers , its Affiliates , or any other party, that a trouble report commitment (appointment or interval) has been or is likely to be missed. At Reseller option, notification may be sent by email or fax through the electronic interface, Reseller may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. Trouble Screening 17.Reseller shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capability to test all or portions of the Qwest network service or facility rest with Qwest, Qwest will make such capability available to Reseller to perform appropriate trouble isolation and screening, 07/swd/lh/Purecom. LLC/CDS-070403-000311 0 Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 17.Qwest will cooperate with Reseller to show Reseller how Qwest screens trouble conditions in its own centers, so that Reseller may employ similar techniques in its centers. Maintenance Standards 18.Qwest will cooperate with Reseller to meet the maintenance standards outlined in this Agreement. 18.On manually reported trouble , Qwest will inform Reseller of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers, its Affiliates , or any other party. On electronically reported trouble reports the electronic system will automatically update status information , including trouble completion, across the joint electronic gateway as the status changes. End User Customer Interface Responsibilities 19.Reseller will be responsible for all interactions with its End User Customers including service call handling and notifying its End User Customers of trouble status and resolution. 19.All Qwest employees who perform repair service for Reseller End User Customers will be trained in non-discriminatory behavior. 19,Qwest will recognize the designated Reseller/DLEC as the Customer of Record for all services ordered by Reseller/DLEC and will send all notices , invoices and pertinent information directly to Reseller/DLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Qwest's single and sole point of contact for all Reseller/DLEC End User Customers, Repair Call Handling 20.Manually-reported repair calls by Reseller to Qwest will be answered with the same quality and speed as Qwest answers calls from its own End User Customers. Single Point of Contact 21,Qwest will provide a single point of contact for Reseller to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to Reseller for each category of trouble situation being encountered. Network Information 22.Qwest maintains an information database, available to Reseller for the purpose of allowing Reseller to obtain information about Qwest's NPAs, LATAs, Access Tandem Switches and Central Offices, 22,This database is known as the ICONN database , available to Reseller via Qwest's web site. 07/swdllh/Purecom, LLC/CDS-070403-0003/1 D Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 22. database. CPNI Information and NXX activity reports are also included in this 3.22.4 ICONN data is updated in substantially the same time and manner as Owest updates the same data for itself, its End User Customers, its Affiliates, or any other party, Maintenance Windows 23.Generally, Owest performs major Switch maintenance activities off- hours, during certain "maintenance windows Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions, 23.Generally, the maintenance window is between 1 0:00 p.m. through 6:00 m, Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a, Mountain Time, Although Owest normally does major Switch maintenance during the above maintenance window, there will be occasions where this will not be possible, Owest will provide notification of any and all maintenance activities that may impact Reseller ordering practices such as embargoes, moratoriums, and quiet periods in substantially the same time and manner as Owest provides this information to itself, its End User Customers, its Affiliates , or any other party. 23.Intentionally Left Blank. 23.4 Planned generic upgrades to Owest Switches are included in the ICONN database, available to Reseller via Owest's web site. Switch and Frame Conversion Service Order Practices 24.Switch Conversions. Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software or hardware upgrades , the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. 24.Frame Conversions. Frame conversions are generally the removal and replacement of one or more frames, upon which the Switch Ports terminate. 24.Conversion Date. The "Conversion Date is a Switch or frame conversion planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the day after the planned Conversion Date. 24.Conversion Embargoes. A Switch or frame conversion embargo is the time period that the Switch or frame Trunk Side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the End User Customer or Reseller services, During the embargo period, Owest will reject orders for Trunk Side facilities (see Section 9,24.4.1) other than conversion orders described in Section 9.24.4,3. Notwithstanding the foregoing and to the extent Owest provisions trunk or trunk facility related service orders for itself, its End User Customers its Affiliates, or any other party during embargoes, Owest shall provide Reseller the 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) same capabilities. 24.4,ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by Reseller with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. awest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by Reseller or awest, its End User Customers, its Affiliates or any other party during the embargo period regardless of the order s Due Date except for conversion ASRs described in Section 9.24.4. 24.4.For Switch and Trunk Side frame conversions, awest shall provide Reseller with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 24.4.For Switch and Trunk Side frame conversions , Reseller shall issue facility conversion ASRs to awest no later than thirty (30) Days before the Conversion Date for like-for-like, where Reseller mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS). 24.Frame Embargo Period. During frame conversions , service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where Reseller mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date, If Reseller requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date, Prior to instituting an embargo period , awest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as awest notifies itself, its End User Customers, Affiliates, or any other party. 24.Switch Embargo Period. During Switch conversions, service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where Reseller mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date, If Reseller requests the addition of trunk capacity or modification of circuit characteristics to the new Switch, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date, Prior to instituting an embargo period, awest shall identify the particular dates and locations for Switch conversion embargo periods in its ICONN database in substantially the same time and manner as awest notifies itself, its End User Customers , Affiliates, or any other party. 24.Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame conversion quiet periods are the time period within which LSRs may not contain Due Dates, with the exception of LSRs that result in disconnect orders, including those 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) related to LNP orders, record orders, Billing change orders for non-switched products and emergency orders, 24,LSRs of any kind issued during Switch or frame conversion quiet periods create the potential for loss of End User Customer service due to manual operational processes caused by the Switch or frame conversion. LSRs of any kind issued during the Switch or frame conversion quiet periods will be handled as set forth below, with the understanding that Qwest shall use its best efforts to avoid the loss of End User Customer service. Such best efforts shall be substantially the same time and manner as Qwest uses for itself, its End User Customers, its Affiliates, or any other party. 24,The quiet period for Switch conversions, where no LSRs except those requesting order activity described in 12,24.7 are processed for the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 24.The quiet period for frame conversions , where no LSRs except those requesting order activity described in 12.24.7 are processed or the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion. 24,7.4 LSRs, except those requesting order activity described in 24., (i) must be issued with a Due Date prior to or after the conversion quiet period and (ii) may not be issued during the quiet period. LSRs that do not meet these requirements will be rejected by Qwest. 24.LSRs requesting disconnect activity issued during the quiet period , regardless of requested Due Date, will be processed after the quiet period expires. 24.Reseller may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall be handled as emergency orders by Qwest. 24.Reseller may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date, Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 24.In the event that Reseller End User Customer service is disconnected in error, Qwest will restore service in substantially the same time and manner as Qwest does for itself, its End User Customers , its Affiliates, or any other party. Restoration of Reseller End User Customer service will be handled through the LNP escalations process. 07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Owest Resale Template 3-30-06 Version 1. Section 9 Access to Operational Support Systems (OSS) 24.Switch Upgrades. Generic Switch software and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods described above, such generic Switch or software upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Qwest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affiliates , and any other party. 24.Switch Line and Trunk Hardware Additions. Qwest shall use its best efforts to minimize Reseller service order impacts due to hardware additions and modifications to Qwest's existing Switches. Qwest shall provide Reseller substantially the same service order processing capabilities as Qwest provides itself, its End User Customers, Affiliates, or any other party during such Switch hardware additions. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 10 Directory Publisher Section 10.0 - DIRECTORY PUBLISHER 10.Qwest and Reseller agree that certain issues outside the provision of basic white page directory listings, such as yellow pages advertising, yellow pages listings , directory coverage, access to call guide pages (phone service pages), applicable listings criteria , white page enhancements and publication schedules will be the subject of negotiations between Reseller and directory publishers. Qwest acknowledges that Reseller may request Qwest to facilitate discussions between Reseller and Qwest Official Directory Publishers. 07/swd/lh/Purecom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1. Section 11 Service Performance Section 11.0 - SERVICE PERFORMANCE 11.Performance Indicator Definitions (PIDs), in their current form as developed by the Regional Oversight Committee, are included in Exhibit B of this Agreement. Subsequent changes to these PIDs that are made by the Regional Oversight Committee shall be incorporated into Exhibit B by reference. The PIDs, together with applicable modifications, that apply to and are governed by the Performance Assurance Plan (PAP) are presented in Appendices A and B of Exhibit K to this Agreement. Modifications of PIDs that apply to the PAP shall be made in accordance with Section 18 of Exhibit K, Only those PAP provisions applicable to Resold Services under this Agreement shall apply. 4-4-07/swd/lh/Purecom, LLC/CDS-070403-0003/1 D Qwest Resale Template 3-30-06 Version 1. Section 12.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein , and other good and valuable consideration , Reseller adopts this AGREEMENT and upon receipt by Qwest, the Parties agree to abide by the terms and conditions set forth in this Resale Agreement. Purecom LLC ~~:tSignatureSignature --' Daryl Sanders Name PrintedlTyped L. T. Christensen Name PrintedlTyped President Title ~I \ -:r () 1- Director - Interconnection AQreements Title y l-C7Z DateDate 07/swd/l h/Pu recom, LLC/CDS-070403-0003/ID Qwest Resale Template 3-30-06 Version 1, Exhibit A Idaho Select the appropriate type of EAS Local Traffic contract below. For cost docket Reciprocal Compensation.' 'Options Notes Wholesale Wholesale Discount Discount Percentage Percentage Recurring Nonrecurring Resale Charges Charges Wholesale Discount Rates Southern Idaho 1-1 Basic Exchange Residential Line Service 18,25%18.25% 1-1.2 Basic Exchange Business Line Service 18,25%18,25% IntraLATA Toll 18.25%18,25% 1.4 Package Special Services (e,a., Centrex, Discounted Line/Feature Packaoes, ISDN 18.25%18,25% Listings, CO Features & Information Services 18,25%18.25% Private Line 18.25%18.25% Operator Services Directory Assistance (OS/DA)18,25%18,25% Volume Packaged Services - Hioh Volume Customers 65%65% Public Access Line (PAL) Service 00%00% Northern Idaho Basic Exchange Residential Line Service 19,37%19.37% Basic Exchange Business Line Service / PBX 19.37%19.37% IntraLATA Toll 19.37%19,37% 2.4 Package / Special Services (e,g" Centrex, Discounted Line/Feature Packages, ISDN 19,37%19,37% Listings, CO Features & Information Services 19,37%19,37% Private Line 19,37%19,37% 1.2,Ooerator Services / Directorv Assistance (OS/DA)19,37%19,37% Volume Packaged Services - Hiah Volume Customers 87%87% Public Access Line (PAL) Service 00%00% Customer Transfer Charge (CTC) CTC for POTS Service Manual IFirst Line $16. lEach Additional Line $2. Mechanized I First Line $0. lEach Additional Line $0. CTC for Private Line Transport Services I First Circuit $38. IAdditional Circuit, per Circuit, same CSR $33. CTC for Advanced Communications Services, per Circuit $46, 12.010perational Support Svstems 12.11 Development and Enhancements, per Order $5, 12.210ngoinl:l Maintenance, per Order $1.40 12.31Daily Usage Record File, per Record $0.000419 12.4 Trouble Isolation Charl:le See 9. NOTES: Cost Docket QWE-01-11 Order No, 29408 (Januarv 5 2004) rates effective Januarv 5, 2004, Page 1 of 1 Qwest. Spirit of Service Service Performance Indicator Definitions (PI D) 14-State 271 PID Version 8. QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID) 14-State 271 PID Version 8. Introduction Qwest will report performance results for the service performance indicators defined herein. Qwest will report separate performance results associated with the services it provides to Competitive Local Exchange Carriers (CLECs) in aggregate (except as noted herein), to CLECs individually and , as applicable, to Qwest's retail customers in aggregate. Within these categories, performance results related to service provisioning and repair will be reported for the products listed in each definition. Reports for CLECs individually will be subject to agreements of confidentiality and/or nondisclosure. The definitions in this version of the PID apply in the 14 states of Qwest's local service region: Arizona Colorado, Idaho , Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota Utah, Washington and Wyoming. Individual state Performance Assurance Plans may specify and apply state specific variations from the Performance Measure definitions and/or standards contained herein. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Pagei Qwest's Service Performance Indicator Definitions Table of Contents ELECTRONIC GATEWAY AVAILABILITY ........... ~............................................................... GA-1 - Gateway Availability - IMA-GUI....,..............,......."".................,............."......,....... GA-2 - Gateway Availability - IMA-EDI .,.......".,.""...."......,..........".......",."",,................., GA-3 - Gateway Availability - EB-TA ..,.....,.,...............,......,....,.....""............."..,.........,..", GA-4 - System Availability - EXACT..... """",,"""""""""""""""""""""" ...........". ........ GA-6 - Gateway Availability - GUI -- Repair............,..........,............................................... GA-7 - Timely Outage Resolution following Software Releases .....,.....,............................. PRE-ORDER/ORDER ......... ........................................., ...................... ................................... 7 PO-1 - Pre-Order/Order Response Times ."...........................,......"..,..........,..,.............",.. PO-2 - Electronic Flow-through .....,......................"....,....""",...""..........",.."".... ......"..,. PO-3 - LSR Rejection Notice Interval..........................."...........,........,............................. PO-4 - LSRs Rejected,.,.........., ,........... ............,..,.,....................... ........".,.,.........""..... ... PO-5 - Firm Order Confirmations (FOCs) On Time ..............................,........................... PO-6 - Work Completion Notification Timeliness....,..................................................,...... PO-7 - Billing Completion Notification Timeliness ............,....,.......................................... PO-8 - Jeopardy Notice Interval ......""......""",.,.....,....................""..."""........."".,........ PO-9 - Timely Jeopardy Notices.........,....................,.,....,...""..""""..............,............"", PO-15 - Number of Due Date Changes per Order ....................................... ~................... PO-16 - Timely Release Notifications ..,....................................,................................... PO-19 - Stand-Alone Test Environment (SATE) Accuracy .......,............................,.......... PO-20 (Expanded) - Manual Service Order Accuracy ...................................................... ORDERING AND PROVISIONING ...................................................................................... OP-2 - Calls Answered within Twenty Seconds -Interconnect Provisioning Center........ OP-3 - Installation Commitments Met.......................,....",."".........................,...."."....... OP-4 - Installation Interval............."".........,..".....,........................",.."............""".......... OP-5 - New Service Quality..........................,............,....,...""",..................,.,.................. OP-6 - Delayed Days................................,.............,.....,..........."",................"........"....... OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop ................................................ OP-8 - Number Portability Timeliness ......... ..."......... ,.... .................. ........................ ........ OP-13 - Coordinated Cuts On Time - Unbundled Loop ........,.......................................... OP-15 - Interval for Pending Orders Delayed Past Due Date........................................... OP-17 - Timeliness of Disconnects associated with LNP Orders .....,............................... MAINTENANCE AND REPAIR ........................................................................................... MR-2 - Calls Answered within 20 Seconds -Interconnect Repair Center........................ MR-3 - Out of Service Cleared within 24 Hours.... ...... .................. ,.. ,...... ........................ .. MR-4 - All Troubles Cleared within 48 hours ...................................................,................ MR-5 - All Troubles Cleared within 4 hours ..............................,.......................................64 ' MR-6 - Mean Time to Restore .....................................,..........,...".........."....,,..,............... MR-7 - Repair Repeat Report Rate ...................."....,........,............................,................. MR-8 - Trouble Rate.... ........................."..... ,.... ............................""...., .....,....... .............. MR-9 - Repair Appointments Met ...........................,......".."""...............,......,.,.............". MR-10 - Customer and Non-Qwest Related Trouble Reports .......................................... MR-11 - LNP Trouble Reports Cleared within 24 Hours................................................... BI LLIN G .................................................. .............................................................. .............. . BI-1 - Time to Provide Recorded Usage Records ............................................................ Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30 , 2004 Page ii Table of Contents (continued) BI-2 -Invoices Delivered within 10 Days .".,..".............,.,...........,.....,.............,.,............... BI-3 - Billing Accuracy - Adjustments for Errors ...................................,........................... BI-4 - Billing Completeness """"""""""""""""""""""""""""""....,............................. DATABASE UPDATES ....................................................................................................... DB-1 - Time to Update Databases..............,.....,..,.......,.....,..........""...."...,...."""..........,, DB-2 - Accurate Database Updates ".......................,....................,............."................... DIRECTORY ASSISTANCE ................................................................................................ DA-1 - Speed of Answer - Directory Assistance.... ............... .............. ........................... .. OPERATOR SERVICES ...................................................................................................... OS-1 - Speed of Answer - Operator Services ...............................,.................................. NETWORK PERFORMANCE.............................................................................................. NI-1 - Trunk Blocking...""""""............",......,....,......,......."...........".........................,....... N P-1 - NXX Code Activation.....".................."...".............,........................................... 9191 COLLOCATION ...............................................................................................................9393 CP-1 - Collocation Completion Interval.,.....,.....,.......,..,.....................,.....,.......,....".......... CP-2 - Collocations Completed within Scheduled Intervals.............................................. CP-3 - Collocation Feasibility Study Interval..........................,.....,............,................,..",. CP-4 - Collocation Feasibility Study Commitments Met .................................................100 DEFINITION OF TERMS ................. .......... ........ ..... ............. .............................................. 101 GLOSSARY OF ACRONYMS ...........................................................................................105 APPEN DIX A ........... ............................. ........ ..................... .................... ............................107 Feature Detail............. ,." "",..................... ,. "... .......,.........",...................... ...................... 1 07 Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page iii Electronic Gateway Availability GA-1 - Gateway Availability - IMA-GUI Purpose: Evaluates the quality of GLEG access to the IMA-GUI electronic gateway and one associated system focusinq on the extent they are actually available to GLEGs. Description: GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User Interface), and reports the percentage of Scheduled Availability Time the IMA-GUI interface is available for view and/or input. Scheduled Up Time hours for preorder, order, and provisioning transactions are based on the currently published hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html. GA-1 D: Measures the availability of the SIA system, which facilitates access for the IMA-GUI interface and the IMA-EDI interface (see GA-2), and reports the percentage of scheduled time the SIA system is available. Scheduled availability times will be no less than the same hours as listed for IMA-GUI and IMA-EDI. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., IMA-GUI, SIA), affecting Owest's ability to serve its customers. An outage is determined by Owest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate Disaggregation Reporting: Region-wide level. results Results will be reported as follows: GA-1A IMA Graphical User Interface Gateway GA-1D SIA system Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 1 GA-2 - Gateway Availability - IMA-EDI Purpose: Evaluates the quality of GLEG access to the IMA-EDI electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of IMA-EDI (Interconnect Mediated Access - Electronic Data Interchange) interface and reports the percentage of scheduled availability time the IMA-EDI Interface is available for view and/or input All times during which the interface is scheduled to be operating during the reporting period are measured. Scheduled Up Time hours for IMA-EDI based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., IMA-EDI), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Region-wide level. a!::mreQate results (See GA-1D for reportinq of SIA system availability. Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) ) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 2 GA-3 - Gateway Availability - EB- Purpose: Evaluates the quality of GLEG access to the EB- T A interface, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of EB-TA (Electronic Bonding - Trouble Administration) interface and reports the percentage of scheduled availability time the EB-TA Interface is available. Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., EB-TA), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data , collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 3 GA-4 - System Availability - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system focusinq on the extent the system is actually available to CLECs. Description: Measures the availability of EXACT system and reports the percentage of scheduled availability time the EXACT system is available. Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www.Qwestcom/wholesale/cmp/ossHours.html. Time System is Available to CLECs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the system is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., EXACT), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event manaqement systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 4 GA-6 - Gateway Availability - GUI -- Repair Purpose: Evaluates the quality of GLEG access to the GUI Repair electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of the GUI (Graphical User Interface) repair electronic interface and reports the percentage of scheduled availability time the interface is available for view and/or input All times during which the interface is scheduled to be operating during the reporting period are measured. Scheduled Up Time" hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss offunctionality, attributable to the specified gateway or component (Le., GUI-Repair), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data , collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Region-wide level. a~:Jqreqate results Formula: (Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period -;- Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 5 GA-7 - Timely Outage Resolution following Software Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to software releases for specified OSS interfaces , focusing on GLEe-affecting software releases involving the specified gateways or systems. Description: Measures the percentage of gateway or system outages, which are attributable to OSS system software releases and which occur within two weeks after the implementation of the OSS system software releases, that are resolved NOTE 1 within 48 hours of detection by the Qwest monitoring group or reporting by a GLEe/co-provider. Includes software releases associated with the following OSS interfaces in Qwest: IMA-GUI, IMA- EDI , and CEMR, Exchan~e Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB - T A) aTE 3 An outage for this measurement is a critical or serious loss of functionality, attributable to the specified gateway or component, affecting Qwest's ability to serve its customers or data loss NOTE 4 on the Qwest side of the interface. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. The outage resolution time interval considered in this measurement starts at the time Qwest's monitoring group detects a failure, or at the date/time of the first transaction sent to Qwest that cannot be processed (i.e. lost data), and ends with the time functionality is restored or the lost data is recovered. Reporting Period: Monthly Unit of Measure: Percent Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Region-wide level. Formula: ((Total outages detected within two weeks of a Software Release that are resolved within 48 hours of the time Qwest detects the outage) -7- (Total number of outages detected within two weeks of Software Releases resolved in the Reporting Period)) x 100 Exclusions: Outages in releases prior to any CLEC migrating to the release. Duplicate reports attributable to the same software defect. Product Reporting: None Standards: Volume = 1-20: 1 miss Volume:;:. 20:95% Availability:Notes: 1. "Resolved" means that service is restored to the reporting CLEC, as Available experienced by the CLEC. 2. EXACT is a Telecordia system. Only releases for changes initiated by Qwest for hardware or connectivity will be included in this measurement. 3. Outages reported under EB-TA are the same as outages in MEDIACC. 4. For data loss to be considered for GA-, a functional acknowledgement must have been provided for the data in question (e.EDI 997, LSR 10 or trouble ticket number). Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 6 Pre-Order/Order PO-1 - Pre-Order/Order Response Times Purpose: Evaluates the timeliness of responses to specific preordering/ordering queries for GLEGs through the use of Qwest's Operational Support Systems (OSS). Qwest's ass are accessed through the specified gateway interface. Description: PO-1A & PO-1B: Measures the time interval between query and response for specified pre-order/order transactions through the electronic interface. Measurements are made using a system that simulates the transactions of requesting pre- ordering/ordering information from the underlying existing ass. These simulated transactions are made through the operational production interfaces and existing systems in a manner that reflects, in a statistically-valid manner, the transaction response times experienced by GLEG service representatives in the reporting period. . The time interval between query and response consists of the period from the time the transaction request was "sent" to the time it is "received" via the gateway interface. . A query is an individual request for the specified type of information. PO-1G: . Measures the percentage of all IRTM Queries measured by PO-1A & 1 B transmitted in the reporting period that timeout before receiving a response. PO-1 D: . Measures the average response time for a sampling of rejected queries across preorder transaction types. The response time measured is the time between the issuance of a pre-ordering transaction and the receipt of an error message associated with a "rejected query." A rejected query is a transaction that cannot be successfully processed due to the provision of incomplete or invalid information by the sender which results in an error message back to the sender. NOTE 1 Reporting Period: One month Unit of Measure: PO-, PO-, & PO-1D: Seconds PO-1G: Percent Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 7 PO-1 - Pre-Order/Order Response Times (continued) Reporting Comparisons: CLEC aggregate. Disaggregation Reporting: Region-wide level. Results are reported as follows: PO-1A Pre-Order/Order Response Time for IMA-GUI PO-1B Pre-Order/Order Response Time for IMA-EDI Results are reported separately for each of the following transaction types: NOTE 2 1. Appointment Scheduling (Due Date Reservation, where appointment is required)2. Service Availability Information3. Facility Availability4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification Tools NOTE 3 8. Resale of Qwest DSL Qualification 9. Connecting Facility Assignment NOTE 4 10. Meet Point Inquiry NOTE 5 For PO-1A (transactions via IMA-GUI), in addition to reporting total response time, response times for each of the above transactions will be reported in two parts: (a) time to access the request screen, and (b) time to receive the response for the specified transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, will be reported. For PO-1B (transactions via IMA-EDI), requesUresponse will be reported as a combined number. PO-1C Results for PO-1C will be reported according to the gateway interface used:1. Percent of Preorder Transactions that Timeout IMA-GUI2. Percent of Preorder Transactions that Timeout IMA-EDI PO-1D Results for PO-1D will be reported according to the gateway interface used:1. Rejected Response Times for IMA-GUI2. Rejected Response Times for IMA-EDI Formula: PO-1A & PO-1 B = :E((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Queries Submitted in Reporting Period) PO-1 C PO-1 D ((Number of IRTM Queries measured by PO-1A & 1 B that Timeout before receiving response) + (Number of IRTM Queries Transmitted in Reporting Period)) x 100 :E((Rejected Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Rejected Query Transactions Simulated by IRTM) Exclusions: PO-1A & PO-1B: Rejected requests/errors, and timed out transactions PO-1C: Rejected requests and errors PO-1D: Timed out transactions Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 8 PO-1 - Pre-Order/Order Response Times (continued) Product Reporting: None Standards: Total Response Time: 1. Appointment Scheduling2. Service Availability Information3. Facility Availability4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification Tools NOTE' 3 8. Resale of Qwest DSL Qualification 9. Connecting Facility Assignment 10. Meet Point Inquiry PO-1C- PO-1 C- PO-1 D-1 & 2 Availability: Available IMA-GUI ~1 0 seconds ~25 seconds ~25 seconds ~1 0 seconds ~12.5 seconds ~10 seconds ::; 20 seconds ::; 20 seconds ::; 25 seconds ::; 30 seconds IMA-EDI ~10 seconds ~25 seconds ~25 seconds ~10 seconds ~12.5 seconds ~10 seconds ::; 20 seconds ::; 20 seconds ::; 25 seconds ::; 30 seconds Diagnostic Notes:1. Rejected query types used in PO-1 D are those developed for internal Qwest diagnostic purposes. 2. As additional transactions, currently done manually, are mechanized, they will be measured and added to or included in the above list of transactions, as applicable.3. Results based on a weighted combination of ADSL Loop Qualification and Raw Loop Data Tool.4. Results based on Connecting Facility Assignment by Unit Query.5. Results based on meet Point Query, POTS Splitter option for Shared loops. 6. Times reflect non-complex services, including residential , simple business, or POTS account. Does not include ADSL or accounts::-25 lines. 7. Benchmark applies to response time only. Request time and Total time will also be reported. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 9 PO-2 - Electronic Flow-through Purpose: Monitors the extent Qwest's processing of CLEC Local Service Requests (LSRs) is completely electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service order rocessor without human intervention or without manual ret in. Description: PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic gateway interface to the Service Order Processor (SOP) without any human intervention. Includes all LSRs that are submitted electronically through the specified interface during the reporting period , subject to exclusions specified below. PO-2B - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention. Includes all flow-through-eligible LSRs that are submitted electronically through the specified interface durin the re ortin eriod, sub'ect to exclusions s ecified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, individual CLEC Disaggregation Reporting: Statewide level (per multi- state system serving the state). Results for PO-2A and PO-2B will be reported according to the gateway interface* used to submit the LSR: LSRs received via IMA-GUI LSRs received via IMA-EDI CO also reports an aggregate of IMA-GUI and IMA-EDI results. Formula: PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without human intervention) + (Total Number of Electronic LSRs that pass through the Gateway Interface)) x 100 PO-2B = ((Number of flow-through-eligible Electronic LSRs that actually pass from the Gateway Interface to the SOP without human intervention) + (Number of flow-through-eligible Electronic LSRs received through the Gateway Interface)) x 100 Exclusions: Rejected LSRs and LSRs containing GLEe-caused non-fatal errors. Non-electronic LSRs (e., via fax or courier). Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid start/sto dates/times. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 10 PO-2 - Electronic Flow-through (continued) Product Reporting:Standards: Resale PO-2A: Unbundled Loops (with or CO: CO PO-2B benchmarks minus 10 percent NOTE 2 without Local Number All Other States: Diagnostic Portability) PO-2B: NOTE 2Local Number Portability UNE-P (POTS) and UNE- (Centrex 21)Resale:95% Line Sharing Unbundled Loops:85% LNP:95% UNE-P (POTS & Centrex 21):95% Line Sharing:Diagnostic NUII=;j Availability:Notes: Available (except as The list of LSR types classified as eligible for flow through is contained in follows):the "LSRs Eligible for Flow Through" matrix. This matrix also includes availability for enhancements to flow through. Matrix will be distributed Combined reporting through the CMP process. of UNE-P (POTS)In Colorado the standard for PO-2 is considered met if the standard for and UNE-P (Centrex either PO-2A or PO-2B is met. For both PO-2A and PO-, the 21) - beginning with benchmark percentages shown apply to the aggregations of PO-2A-1 and Jul 04 data on the PO-2A-2 (Le., the combined PO-2A result) and of PO-2B-1 and PO-2B- Aug 04 report.(Le., the combined PO-2B result). The standard and future disaggregated reporting of the Line Sharing Line Sharing -product is TBD, pending resolution of TRO issues. beginning with Jul 04 data on the Aug 04 report Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 11 PO-3 - LSR Rejection Notice Interval Purpose: Monitors the timeliness with which Qwest notifies CLECs that electronic and manual LSRs were rejected. Description: Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the LSR for standard categories of errors/reasons. Includes all LSRs submitted through the specified interface that are rejected during the reporting period. Standard reasons for rejections are: missing/incomplete/mismatching/unintelligible information duplicate request or LSR/PON (purchase order number), no separate LSR for each account telephone number affected, no valid contract, no valid end user verification, account not working in Qwest territory, service-affecting order pending, request is outside established parameters for service, and lack of CLEC response to Qwest question for clarification about the LSR. Included in the interval is time required for efforts by Qwest to work with the CLEC to avoid the necessity of rejecting the LSR. . With hours: minutes reporting, hours counted are (1) business hours for manual rejects (involving human intervention) and (2) published Gateway Availability hours for auto-rejects (involving no human intervention). Business hours are defined as time during normal business hours of the Wholesale Delivery Service Centers, except for PO-3C in which hours counted are workweek clock hours. Gateway Availability hours are based on the currently published hours of availability found on the foliowinQ website: http://www.qwestcom/wholesale/cmp/ossHours.html..Reporting Period: One month Unit of Measure: PO-3A-, PO-3B-1 & PO-3C - Hrs: Mins. PO-3A-2 & PO-3B-2 - Mins: Secs. Disaggregation Reporting: Results for this indicator are reported according to the gateway interface used to submit the LSR: . PO-3A-, LSRs received via IMA-GUI and rejected manually: Statewide . PO-3A -, LSRs received via IMA-GUI and auto-rejected: Region wide . PO-3B-, LSRs received via IMA-EDI and rejected manually: Statewide . PO-3B -, LSRs received via IMA-EDI and auto-rejected: Region wide I . PO-, LSRs received via facsimile: Statewide Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) + (Total number of LSR Rejection Notifications) Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the riD. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstop dates/times. Product Reporting: Not applicable (reported by ordering interface). Standards: . PO-3A-1 and -3B-1: :$; 12 business hours . PO-3A -2 and -3B -2: :$; 18 seconds . PO-3C: :$; 24 work week clock hours Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 12 PO-4 - LSRs Rejected Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address potential issues that might be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of errors/reasons. Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the reporting period. Standard reasons for rejections are: missing/incomplete/mismatchingll.inintelligible information; duplicate request or LSR/PON (purchase order number); no separate LSR for each account telephone number affected; no valid contract; no valid end user verification; account not working in Qwest territory; service'-affecting order pending; request is outside established parameters for service; and lack of CLEC response to Qwest ( uestion for clarification about the LSR. Reporting Period: One month Unit of Measure: Percent of LSRs Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Results for this indicator are reported according to the gateway interface used to submit the LSR: PO-4A-1 LSRs received via IMA-GUI and rejected manually - Region wide PO-4A -2 LSRs received via IMA-GUI and auto-rejected - Region wide PO-4B-1 LSRs received via IMA-EDI and rejected manually - Region wide PO-4B -2 LSRs received via IMA-EDI and auto-rejected - Region wide PO-4C LSRs received via facsimile - Statewide Formula: ((Total number of LSRs rejected via the specified method in the reporting period) + (Total of all LSRs that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100 Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstop dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic orderina interface). Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 13 PO-5 - Firm Order Confirmations (FOCs) On Time Purpose: Monitors the timeliness with which Owest returns Firm Order Confirmations (FOCs) to CLECs in response to LSRs/ASRs received from CLECs, focusing on the degree to which FOCs are provided within specified intervals. Description: Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the intervals specified under "Standards" below for FOC notifications. Includes all LSRs/ASRs that are submitted through the specified interface or in the specified manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from an FOC (e., EOI 997 transactions are not included. For PO-, the interval measured is the period between the LSR received date/time (based on scheduled up time) and Owest's response with a FOC notification (notification date and time). For PO-, 5C , and 50, the interval measured is the period between the a lication date and time, as defined herein, and Owest's response with a FOC notification (notification date and time). . " Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EOI , (2) that involve no manual intervention , and (3) for which FOCs are provided mechanically to the CLEC. NOTE 2 . " Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EOI and involve manual processing. . " Manual" LSRs are received manually (via facsimile) and processed manually. . ASRs are measured only in business da . LSRs will be evaluated according to the FOC interval categories shown in the "Standards" section below, based on the number of lines/services requested on the LSR or, where multiple LSRs from the same CLEC are related, based on the combined number of lines/services requested on the related LSRs. Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level (per multi-state system Comparisons: CLEC serving the state). aggregate and individual Results for this indicator are reported as follows:CLEC results . PO-5A:* FOCs provided for full electronic LSRs received via: - PO-5A-1 IMA-GUI - PO-5A-2 IMA-EOI . PO-58:FOCs provided for electronic/manual LSRs received via: - PO-58-1 IMA-GUI - PO-58-2 IMA-EOI . PO-5C:FOCs provided for manual LSRs received via Facsimile. . PO-50: FOCs provided for ASRs requesting LIS Trunks. * Each of the PO-, PO-58 and PO-5C measurements listed above will be further disaggregated as follows:(a) FOCs provided for Resale services and UNE-(b) FOCs provided for Unbundled Loops and specified Unbundled Network Elements(c) FOGs provided for LNP Formula: PO-5A = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received date/time (based on scheduled up time))" is within 20 minutes) -;- (Total Number of original FOC Notifications transmitted for the service category in the reporting periodn x 100 PO-, 5C, & 50 = HCount of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time) - (Application Date & Time)" is within the intervals specified for the service category involved) -;- (Total Number of original FOC Notifications transmitted for the service category in the reportinq periodH x 100 Owest Idaho SGAT Third Revision, Seventh Amended Exhibit 8 November 30 2004 Page 14 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Exclusions: LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the "Standards" section below, or service/request types, deemed to be ects. Hours on Weekends and holidays. (Except for PO-5A which only excludes hours outside the scheduled up time). LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstop dates/times. Additional PO-50 exclusion: Records with invalid a lication or confirmation dates. Product Reporting: Standards: For PO-5A (all): For PO-5B (all):For PO- , - 5B and 5C: (a) Resale services UNE-P (POTS) and UNE-P Centrex (b) Unbundled Loops and specified Unbundled Network Elements. (c) LNP For PO-50: LIS Trunks. For PO-5C (manual): 95% within 20 minutes 90% within standard FOC intervals (specified below) 90% within standard FOC intervals s ecified below PLUS 24 hours NOTE 3 85% within eight business da s Standard FOC Intervals for PO-58 and PO- Product Grou NOTE 1 Resale Residence and Business POTS ISDN-Basic Conversion As Is Adding/Changing features Add primary directory listing to established loop Add call appearance Centrex Non-Design with no Common Block Configuration Centrex line feature chan es/adds/removals allLNP 1-24 linesUnbundled Loops 1-24 loops 2/4 Wire analog DS3 Ca able Sub-loop included in Product Re ortin rou b Line Sharing/Line Splitting/Loop Splitting 24 shared loops included in Product Re ortin rou b Unbundled Network Element-Platform (UNE-P POTS) 1 - 39 lines FOC Interval 39 lines 10 lines 24 hours 19 lines 24 sub-loops Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 15 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Resale ISDN-Basic Conversion As Specified New Installs Address Changes Change to add Loop ISDN-PRI (Facility) PBX DSO or Voice Grade Equivalent DS1 Facility DS3 Facility LNP Enhanced Extended Loops (EELs) (included in Product Reporting group (b))~1 1~ci~~ 10 lines 48 hours 24 trunks 25-49 lines Available Resale Centrex (including Centrex 21 , Non-design Centrex 21 Basic ISDN, Centrex-Plus, Centron , Centrex Primes) 1-10 lines - With Common Block Configuration required Initial establishment of Centrex CMS services Tie lines or NARs activity Subsequent to initial Common Block - ' Station lines Automatic Route Selection Uniform Call Distribution Additional numbers UNE-P Centrex 1-10 lines UNE-P Centrex 21 1-10 lines Unbundled Loops with Facility Check(NOTE2 3) 1 - 24 loops 2/4 wire Non-loaded ADSL compatible ISDN capable XDSL-I capable OS 1 capable Resale ISDN-PRI (Trunks) For PO-5D: LIS Trunks Notes: 1. LSRs with quantities above the highest number specified for each product type are considered ICB. 2. Unbundled Loop with Facility Check can be processed electronically; however, because this category always carries a 72-hour FOC interval the FOC results for this product will appear in PO-5B if received electronically or PO-5C if received manually. 3. Unbundled Loop with Facility Check will not add an additional 24 hours to the 72-hour interval if the LSR is submitted manually. 72 hours 12 trunks 96 hours 8 business days240 trunk circuits Availability: Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 16 PO-6 - Work Completion Notification Timeliness Purpose: To evaluate the timeliness of Qwest issuing electronic notification at an LSR level to CLECs that provisioning work on all service orders that comprise the CLEC LSR have been completed in the Service Order Processor and the service is available to the customer. Description: PO-6A & 6B: Includes all orders completed in the Qwest Service Order Processor that generate completion notifications in the reporting period, subject to exclusions shown below. The start time is the date/time when the last of the service orders that comprise the CLEC LSR is posted as completed in the Service Order Processor. The end time is when the electronic order completion notice is made available (IMA-GUI) NOTE 1 or transmitted (IMA-EDI) to the CLEC via the ordering interface used to place the local service request The notification is transmitted at an LSR level when all service orders that comprise the CLEC LSR are complete. With hours: minutes reporting, hours counted are during the published Gateway Availability hours. Gateway Availability hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Reporting Period: I Unit of Measure:One month PO-6A - 6B:Hrs:Mins Reporting Disaggregation Reporting: Statewide level. Comparisons: CLEC aggregate and individual PO-6A Notices transmitted via IMA-GUI CLEC results.PO-6B Notices transmitteQ via IMA-EDI Formula: For completion notifications qenerated from LSRs received via IMA-GUI: PO-6A = L((Date and Time Completion Notification made available to CLEC) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor)) + (Number of completion notifications made available in reporting period) For completion notifications qenerated from LSRs received via IMA-EDI: PO-6B = L((Date and Time Completion Notification transmitted to GLEe) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor.)) + (Number of completion notifications transmitted in reporting period) Exclusions: PO - 6A & 6B: Records with invalid completion dates. LSRs submitted manually (e., via facsimile). ASRs submitted via EXACT. Product Reporting:Standard: PO - 6A & 6B Aggregate reporting for all products ordered through 6 hours IMA-GUI and, separately, IMA-EDI (see disaggregation reporting). Availability:Notes: Available The time a notice is "made available" via the IMA-GUI is the time Qwest stores a status update related to the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window or by using the LSR Notice Inquiry function. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 17 PO-7 - Billing Completion Notification Timeliness Purpose: To evaluate the timeliness with which electronic billing completion notifications are made available or transmitted to CLECs, focusing on the percentage of notifications that are made available or transmitted for CLECs or osted in the billin s stem for Qwest retail within five business da s. Description: PO-7A & 7B: This measurement includes all orders posted in the CRIS billing system for which billing completion notices are made available or transmitted in the reporting period, subject to exclusions shown below. Intervals used in this measurement are from the time a service order is completed in the SOP to the time billing completion for the order is made available or transmitted to the CLEC. - The time a notice is "made available" via the IMA-GUI consists of the time Qwest stores the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window. - The time a notice is "transmitted" via IMA-EDI consists of the time Qwest actually transmits the completion notice via IMA-EDI. Applicable only to those CLECs who are certified and setup to receive the notices via IMA-EDI. . The start time is when the completion of the service order is posted in the Qwest SOP. The end time is when, confirming that the order has been posted in the CRIS billing system, the electronic billing completion notice is made available to the CLEC via the same ordering interface (IMA-GUI or IMA-EDI) as used to submit the LSR. Intervals counted in the numerator of these measurements are those that are five business days or less. PO- This measurement includes all retail orders posted in the CRIS Billing system in the reporting period, subject to exclusions shown below. Intervals used in this measurement are from the time an order is completed in the SOP to the time it is posted in the CRIS billing system. . The start time is when the completion of the order is posted in the SOP. The end time is when the order is posted in the CRIS billing system. Intervals counted in the numerator of this measurement are those that are five business days or less. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: PO-7A and -7B: CLEC aggregate and individual CLEC results. PO-7C: Qwest retail results. Formula: For wholesale service orders Qwest enerates for LSRs received via IMA: PO-7A = (Number of electronic billing completion notices in the reporting period made available within five business days of posting complete in the SOP) + (Total Number of electronic billing completion notices made available during the reporting period) (Number of electronic billing completion notices in the reporting period transmitted within five business days of posting complete in the SOP) + (Total Number of electronic billing completion notices transmitted during the reporting period) Disaggregation Reporting: Statewide level. " PO-7A Notices made available via IMA-GUI . PO-7B Notices transmitted via IMA-EDI . PO-7C Billing system posting completions for Qwest Retail PO-7B = For service orders Qwest enerates for retail customers Le.the retail analo ue for PO-7A & - PO-7C = (Total number of retail service orders posted in the CRIS billing system in the reporting period that were posted within 5 business days) + (Total number of retail service orders osted in the CRIS billin s stem in the re ortin eriod Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 18 PO-7 - Billing Completion Notification Timeliness (continued) Exclusions: PO-, 7B & 7C Services that are not billed through CRIS , e.g. Resale Frame Relay. Records with invalid completion dates. PO-7A & 7B LSRs submitted manually. ASRs submitted via EXACT. Product Reporting:Standard: Aggregate reporting for all products ordered through IMA-PO-7A and -7B: Parity with PO- GUI and, separately, IMA-EDI (see disaggregation reporting), Availability:Notes: Available Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 19 PO-8 - Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to CLECs (regardless of whether the due date was actually missed). Description: Measures the average time lapsed between the date the customer is first notified of an order jeopardy ev!3nt and the original due date of the order. Includes all orders completed in the reporting period that received jeopardy notifications. Reporting Period: One month Unit of Measure: Average Business days NUIt: 1 Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate, individual CLEC and awest (This measure is reported by jeopardy notification process Retail results as used for the categories shown under Product Reporting. Formula: (L(Date of the original due date of orders completed in the reporting period that received jeopardy notification - Date of the first jeopardy notification) -;- Total orders completed in the reporting period that received jeopardy notification) Exclusions: Jeopardies done after the original due date is past. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standards: Non-Designed Services A Parity with Retail POTS Unbundled Loops (with or without B Parity with Retail POTS Number Portability) LIS Trunks C Parity with Feature Group 0 (FGD) services UNE-P (POTS)Parity with Retail POTS Availability:Notes: Available 1. For PO-8A and -, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, and UNE- (POTS), as well as for the retail analogues specified above as standards. For dispatched orders for Resale Residence, Resale Business, and UNE-P (POTS) and for all other products reported under PO-8B and -, Saturday is counted as a business day when the service order is due on Saturday. awest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 20 PO-9 - Timely Jeopardy Notices Purpose: When original due dates are missed , measures the extent to which Owest notifies customers in advance of jeopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Owest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity Missed due date orders with jeopardy notifications provided on or after the original due date is past will be counted in the denominator of the formula but will not be counted in the numerator. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate , individual CLEC and (This measure is reported by jeopardy notification process as Owest Retail results used for the categories shown under Product Reporting. Formula: ((Total missed due date orders completed in the reporting period that received jeopardy notification in advance of original due date) + (Total number of missed due date orders completed in the reporting period)) x 100 Exclusions: Orders missed for customer reasons. Records with invalid product codes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standards: Non-Designed Services A Parity with Retail POTS Unbundled Loops (with or without Number B Parity with Retail POTS Portability) LIS Trunks C Parity with Feature Group D (FGD) Services UNE-P (POTS)D Parity with Retail POTS Availability:Notes: Available Owest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 21 PO-15 - Number of Due Date Changes per Order Purpose: To evaluate the extent to which Qwest chanqes due dates on orders. Description: Measures the average number of Qwest due date changes per order. Includes all inward orders (Change, New, and Transfer order types) that have been assigned a due date in the reporting period subject to the exclusions below. Change order types for additional lines consist of all "C" orders representing inward activit Counts all due date changes made for Qwest reasons following assignment of the original due date. Reporting Period: One month Unit of Measure: Average Number of Due Date Changes Reporting Comparisons:Disaggregation Reporting: Statewide level. CLEC aggregate, individual CLEC, and Qwest retail results. Formula: L(Count of Qwest due date changes on all orders) + (Total orders in reporting period) Exclusions: Customer requested due date changes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: None Diagnostic Availability:Notes: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 22 PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified ass interfaces sent by Qwest to CLECs within the intervals and scope specified within the change management plan found on Qwest's Change Manaqement Process, (CMP) website at http://www.qwestcom/whoiesale/cmp/whatiscmp.htmi. Description: . Measures the percent of release notices that are sent by Qwest within the intervals/timeframes prescribed by the release notification procedure on Qwest's CMP website. NOTE 1 Release notices measured are: Draft Technical Specifications (for App to App interfaces only); Final Technical Specifications (for App to App interfaces only); Draft Release Notices (for IMA-GUI interfaces only); Final Release Notices (for IMA-GUI interfaces only); and - ass Interface Retirement Notices. NOTE For the following ass interfaces: - IMA-GUI, IMA-EDI; CEMR; Exchange Access, Control , & Tracking (EXACT); NOTE 3 Electronic Bonding - Trouble Administration (EB -TA); NOTE 4 lABS and CRIS Summary Bill Outputs; NOTE 5 Loss and Completion Records; NOTE 5 New ass interfaces (for introduction notices only.) NOTE 6 Also included are notifications for connectivity or system function changes to Resale Product Database. Includes ass interface release notifications by Qwest relating to the following products and service categories: LIS/Interconnection, Collocation, Unbundled Network Elements (UN E), Ancillary, and Resale Products and Services. Includes ass interface release notifications by Qwest to CLECs for the following ass functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance , and Billing. Includes Types of Changes as specified in the "Qwest Wholesale Change Management Process Document" (Section 4 - Types of Changes). Includes all ass interface release notifications pertaining to the above ass systems , subject to the exclusions specified below. Release Notifications sent on or before the date required by the CMP are considered timely. A release notification "sent date" is determined by the date of the e-mail sent by Qwest that provides the Release Notification. NOTE 7 Release Notifications sent after the date required by the (CMP) are considered untimely. Release Notifications required but not sent are considered untimely. Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide level. Formula: ((Number of required release notifications for specified ass interface changes made within the reporting period that are sent on or before the date required by the change management plan (CMP) -;- Total number of required release notifications for specified ass interface changes within reporting period))x100 Exclusions: Changes to be implemented on an expedited basis (exception to ass notification intervals) as mutually agreed upon by CLECs and Qwest through the CMF'. Chanqes where Qwest and CLECs aqree, throuqh the CMP, that notification is unnecessarv. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 23 PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. ;:. 10: 92.5% timely notifications Availability: Available Notes: 1. The Qwest Wholesale Change Management Process Document specifies the intervals for release notifications by type of notification. These intervals are documented in the change management plan. 2. The documents described in section "0 - Retirement of Existing ass Interfaces" of the "Qwest Wholesale Change Management Process Document" as "Initial Retirement Notice" and "Final Retirement Notice. 3. EXACT is a Telecordia system. Only release notifications for changes initiated by Qwest for hardware or connectivity will be included in this measurement. 4. EB-TA is the same system as MEDIACC. 5. CRIS, lABS, and Loss and Completions will adhere to the notification intervals documented in section 8.1 - Changes to Existing Application to Application Interface. 6. The documents described in section "0 - Introduction of New ass Interface" of the "Qwest Wholesale Change Management Process Document" as "Initial Release Announcement and Preliminary Implementation Plan" (new App to App only), "Initial Interface Technical Specification" (new App to App only), "Final Interface Technical Specifications (new App to App only), "Release Notification (new GUI only). CMP notices for "Introduction of a New ass" are to be included in this measurement even though the new system is not explicitly listed in the Description" section of this PID. However, once implemented, the system will not be added to the measurement for purposes of measuring release, change and retirement notifications unless specifically incorporated as an authorized change to the PID. 7. The intervals used to determine timeliness are based on CMP guidelines. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 24 PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwest's ability to provide accurate production-like tests to CLECs for testing new releases in the SATE and production environments and testing between releases in the SATE environment. Description: PO-19A Measures the percentage of test transactions that conform to the test scenarios published in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) that are successfully executed in SATE at the time a new IMA Release is deployed to SATE. In months where no release activity occurs, measures the percentage of test transactions that conform to the test scenarios published in the current IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are successfully executed in SATE during the between-releases monthly performance test. Includes one test transaction for each test scenario published in the IMA EDI Data Document for the Stand Alone Test Environment (SATE). Test transactions will be executed for each of the IMA releases supported in SATE utilizing all test scenarios for each of the current versions of the IMA EDI Data Document for the Stand Alone Test Environment (SA TE). The successful execution of a transaction is determined by the Qwest Test Engineer according to: The expected results of the test scenario as described in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) and the EDI disclosure document. The transactions strict adherence to business rules published in Qwest's most current IMA EDI Disclosure Documentation for each release and the associated Addenda. NOTE 1 For this measurement, Qwest will execute the test transactions in the Stand-Alone Test Environment. Release related test transactions will be executed when a full or point release of IMA is installed in SATE. These transactions will be executed within five business da s of the numbered release being originally installed in SATE. This five-business day period will be referred to as the "Testing Window. Mid-release monthly performance test transactions will be executed in the months when no Testing Window for a release is completed. These transactions will be executed on the 15 , or the nearest working day to the 15th of the month, in the months when no release related test transactions are executed. Test transaction results will be reported by release and included in the Reporting Period during which the release transactions or mid-release test transactions are completed. PO-1gB Validates the extent that SATE mirrors production by measuring the percentage of IMA EDI test transactions that produce comparable results in SATE and in production. Transactions counted as producing comparable results are those that return correctly formatted data and fields as specified in the release s EDI disclosure document and developer worksheets related to the IMA release being tested. Comparability will be determined by evaluating the data and fields in each EDI message for the test transactions against the same data and fields for Preorder queries, LSRs, and Supplementals, and returned as Query Responses , Acknowledgements, Firm Order Confirmations (FOCs) for flow-through eligible products, and rejects. Test transactions are executed one time for each new major IMA release within 7 days after the IMA release. Test transactions consist of a defined suite of ProducUActivity combinations. Qwest's three regions will be represented. NOTE 2 - Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validity of the content, per developer worksheets and EID mapping examples distributed as part of release notifications. NOTE 3 Reporting Period: PO-19A -- One month PO-19B: -- One month (for those months in Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B Unit of Measure:Percent November 30, 2004 Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) which release-related test transactions are completed) Reporting Comparisons: None Disaggregation Reporting: PO-19A - Reported separately for each release tested in the reporting period PO-19B -- None Formula: PO-19A ((Total number of successfully completed SATE test transactions executed for a Software Release or between-releases performance test completed in the Reporting Period) -7- (Total number of SATE test transactions executed for each Software Release or between-releases performance test completed in the Reporting Period)) x 100 PO-19B ((Total number of completed IMA EDI test transactions executed in SATE and production that produce comparable results for each new major IMA Software Release completed in the Reporting Period) -7- (Total number of completed IMA EDI test transactions executed in SATE and production for each new major IMA Software Release completed in the Reporting Period)) x 100 Exclusions: For PO-19B: Transactions that fail due to the unavailability of a content item (e., TN exhaustion in SATE or the production environment) or a function in the SATE or production environments (e., address validation query or CSR query) that is unsuccessful due to an outage in systems that interface with IMA-EDI (e., PREMIS or SIA). Transactions that fail because of differences between the production and SATE results caused when an IMA candidate is implemented into IMA and not SATE (Le., where CMP decides not to implement an IMA candidate in a SATE release: e., the Reject Duplicate LSR candidate in IMA 12.0). This exclusion does not apply during reporting periods in which there are no differences between production IMA and SATE caused by SATE releases packaged pursuant to CMP decisions.Product Reporting: None Standard: PO-19A - 95% for each release tested PO-19B - 95% Notes: 1. Transactions that are executed and found to have inconsistencies with the data and format rules will be corrected and rerun. Rerun volumes will not be counted in the denominator for PO-19. Such corrections and re-executions are intended to enforce strict adherence to business rules published in Qwest's most current IMA EDI Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO-19B will be updated after each major IMA software release and provided to CLECs with the publication of IMA EDI Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with EDI transaction volumes ;::. 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, Qwest will run a query against IMA to determine which combinations meet the criteria for inclusion (Le., volumes ;::. 100). Availability: Available Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 26 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) 3. The intent of this provision is to avoid including the effects of circumstances beyond the SATE environment that could cause differences in SATE and production results that are not due to problems in mirroring production. For example, because of real-time data manipulation in production, an appointment availability query transaction in SATE will not return the same list of available appointments as in production. Available appointments in production are fully dependent on real-time activities that occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 27 PO-20 (Expanded) - Manual Service Order Accuracy Purpose: Evaluates the degree to which awest accurately processes CLECs' Local Service Requests (LSRs), which are electronically-submitted and manually processed by awest, into awest Service Orders, based on mechanized comparisons of specified LSR-Service Order fields and focusing on the percentage of manually- processed Service Orders that are accurate/error-free. Description: Measures the percentage of manually-processed awest Service Orders that are populated correctly, in specified data fields, with information obtained from CLEC LSRs. Includes only Service Orders created from CLEC LSRs that awest receives NOTE 1 electronically (via IMA- GUI or IMA-EDI) and manually processes in the creation of Service Orders, regardless of flow through eligibility, subject to exclusions specified below. Includes only Service Orders, from the product reporting categories specified below, that request inward line or feature activity (Change, New, and Transfer order types), are assigned a due date by awest, and are completed/closed in the reporting period. Change Service Order types included in this measurement consist of all C orders with "I" and "T" action-coded line or feature USOCs. All Service Orders satisfying the above criteria and as specified in the Availability section below are evaluated in this measurement. An Inward line Service Order will be classified as "accurate" and thus counted in the numerator in the formula below when the mechanized comparisons of this measurement determine that the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order. An inward feature Service Order will be classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order and if no CLEC notifications to the call center have generated call center tickets coded to LSRlSO mismatch for that order. Service Orders will be counted as being accurate if the contents of the relevant fields, as recorded in the completed Service Orders involved in provisioning the service, properly match or correspond to the information from the specified fields as provided in the latest version of associated LSRs. Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value will be counted as being accurate if each and every mismatch has a correct and corresponding PIA value. Service Orders, including those otherwise considered accurate under the above-described mechanized field comparison , will not be counted as accurate if awest corrects errors in its Service Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the original due date. Reporting Period: One month, reported in arrears (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-, as having new service problems attributed to Service Order errors. Unit of Measure:Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level Formula: ((Number of accurate, evaluated Service Orders) + (Number of evaluated Service Orders completed in the reporting period)) x 100 awest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 28 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Exclusions: Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new service problems attributed to Service Order errors. Cancelled Service Orders. Service Orders that cannot be matched to a corresponding LSR Records missinq data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Resale and UNE-P (POTS and Centrex 21) Benchmarks, as follows: Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1 Capable, DS3 and higher Capable, ADSL Compatible XDSL-I Capable, ISDN-BRI Capable) Availability: Phase 0 - PO-20 (Old) (the first version using sampling of limited fields). (Available now) Phase 1 NOTE 2 - PO-20 (Expanded) Mechanized version (as defined herein). All qualifying orders associated with initial LSRs received via IMA version 15.0 or higher beginning with May 2004 data reported in Jul 04. Phase 2 - Additional fields added. No later than Sep 04 results reported in Nov 04 Phase 3- Additional fields added. Targeted for 1 st Quarter 05 Phase 4 - Additional fields added. (Date TBD). Phase 1 Phase 2 Phase 3 & beyond 97% 96% 95% Notes: 1. To be included in the measurement, Service Orders created from CLEC LSRs mustbe received and completed in the same version of IMA-GUI or IMA-EDI. 2. Phase 1: Consists of all manually-processed, qualifying Service Orders per product reporting category specified above, from throughout Qwest's 14-state local service region. LSR-Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier,CCNA field of LSR form compared to the RSID/ZCID field LSR Name identifier in the Extended ID section of the Service Order. Abbreviation PON Purchase Order PON field of LSR form compared to the PON field in Bill Number Section of the Service Order. DrrSENT Date and time The DrrSENT field of LSR form from the Firm Order sent Manager, using applied business day cut-off rules and business typing rules, and compare to the APP (Application Date) used on the Service Order. CHC Coordinated Hot Applies only to Unbundled Loop. Cut Requested Validate that the installation USOC used on the Service Order matches the Coordinated Cut request. (Evaluated in conjunction with the TEST field to determine correct USOC. TEST Testing required Applies only to Unbundled Loop. Validate that the installation USOC used on the Service Order matches the TEST request. (Evaluated in conjunction with the CHC field to determine correct USOC. Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compared to provisioning usoe for CKL 1 on the Service Order. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 29