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Home My WebLink About20070914Application Part I.pdfzmn SEP \ L, P ti \2: 3 \ Qwest~ Spirit of Service Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 RECE\\i Maura E. Peterson Paralegal Regulatory Law UT\L:~~Hi ~~~) d~~i\~t\~S\O; . Via Overnight delivery September 13 , 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. &LuE 1-oJ"l-o8 Application for Approval of Interconnection Agreement Utility Telephone, Inc. 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 an Interconnection Agreement between Qwest Corporation and Utility Telephone, Inc. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. assistance in ~)tter. \ S~ncerely, \/\;vlcG '1~ .\~/ Maura E. Pe'tez~~ Thank you for your mep 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(illq west. com iiECEj\i "'-"' no - ~ ...i ", 0 ,) I JTiLW;~~K'(!6~X1':1:~S!C , 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.QL0~ :t-o7...o'a APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Agreement with Utility Telephone, Inc. Utility Telephone ) is submitted herewith. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252( e )(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits that this Agreement provides no basis for either of these findings, and, therefore requests that the Commission approve this Agreement expeditiously. This Agreement is consistent with the public interest as identified in the pro-competitive policies ofthe State ofIdaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Agreement will enable Utility APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - Utility Telephone, Inc. Page 1 Phone to interconnect with Qwest facilities and to provide customers with increased choices among paging providers. Qwest further requests that the Commission approve this Agreement without a hearing. Because this Agreement was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this J~t-L.,day of September, 2007. , ~ ; Adam L. Attorney for Qwest oJ LtC1 91 ( 1~ e :. APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - Utility Telephone, Inc. Page 2 CERTIFICATE OF SERVICE I hereby certify that on this r~fv'day of September, 2007, I served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 i iewell(illpuc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Utility Telephone, Inc. Jason Mills, CEO Utility Telephone, Inc. 1121 Waterloo Road Stockton, CA 95205 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email \. i ~no, . . . Ij ! '-\:::.Q;(,(/'-t-.i /~---- APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - Utility Telephone, Inc. Page 3 QlJJE T- oil - 08 F:;~ECE !,/f- INTERCONNECTION AGREEMENT 20m SEP I I:, P1112: 3 TERMS AND CONDITIONS FOR INTERCONNECTION !, ", ,. UNBUNDLED NETWORK ELEMENTS, ANCILLARY SI;~V:lj ~~~~ AND RESALE OF TELECOMMUNICATIONS SERVicES' "-0 F;:L!C i',iISSIO: BETWEEN QWEST CORPORATION and UTILITY TELEPHONE, INC. FOR THE STATE OF IDAHO Version 3. Agreement Number CDS-O70712-0002 July 12, 200711hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS .................................................................................. SECTION 2.0 - INTERPRETATION AND CONSTRUCTION ........................................... 3 SECTION 3.0 - CLEC INFORMATION ............................................................................. SECTION 4.0 - DEFINITIONS ......................................................................................... SECTION 5.0 - TERMS AND CONDITIONS .................................................................. GENERAL PROVISIONS ....................................................................................... 28 TERM OF AGREEMENT. ....................................................................................... 29 PROOF OF AUTHORIZATION ................................................................................ 29 PAYMENT................................................................. ;....................... .................. 30 TAXES................................................................. .............................................. 32 INSURANCE.................................. ...................................................................... 33 FORCE MAJEURE ............................................................................................... 33 liMITATION OF liABILITY ..................................................................................... INDEMNITY..... .......................... .... ........................ .............................................. 3410 INTEllECTUAL PROPERTY ................ ...... ......... ..... ................... .................. ......... 3611 WARRANTIES............................. ..................................... ................................... 3812 ASSIGNMENT........................................................ ................... ........................... 3813 DEFAULT............................................................. ...............................................14 DISCLAIMER OF AGENCY .................................................................................... 3915 SEVERABILITY ....................................................................................................16 NONDISCLOSURE ...............................................................................................17 SURVIVAL ..........................................................................................................18 DISPUTE RESOLUTION ........................................................................................ 4219 CONTROLLING LAW ............................................................................................20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .....................................21 NOTICES............................................................................................................ 4422 RESPONSIBILITY OF EACH PARTY....................................................................... 44 23 No THIRD PARTY BENEFICIARIES........................................................................ 4524 INTENTIONAllY LEFT BLANK.... ............ .......... ..................................................... 25 PUBLICITY.......................................................................................................... 4526 EXECUTED IN COUNTERPARTS............................................................................27 COMPLIANCE..................................................................................................... 4528 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT OF 1994 .............................................................................29 COOPERATION ................................................................................................... 30 AMENDMENTS ....................................................................................................31 ENTIRE AGREEMENT .......................................................................................... SECTION 6.0 - RESALE ........ ................................................ ..................... ................... DESCRIPTION..................................................................................................... 47 TERMS AND CONDITIONS............................. ....................................................... RATES AND CHARGES........................................................................................ 52 ORDERING PROCESS ......................................................................................... BilLING.............................................................................................................. 54 MAINTENANCE AND REPAIR ....................................... .................................. ....... COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................ 55 July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 TABLE OF CONTENTS SECTION 7.0 -INTERCONNECTION ............................................................................ INTERCONNECTION FACILITY OPTIONS ................................................................ EXCHANGE OF TRAFFIC ...................................................................................... 58 RECIPROCAL COMPENSATION.......................................... ................................... ORDERING............................................................. .................................... .... .... 73 JOINTLY PROVIDED SWITCHED ACCESS SERVICES.... .............................. ............ 74 TRANSIT RECORDS ............................................................................................ LOCAL INTERCONNECTION DATA EXCHANGE FOR BilLING ................................... 75 SECTION 8.0 - COLLOCATION ..................................................................................... DESCRIPTION....................................................................... .... .......................... 77 TERMS AND CONDITIONS.................................................................................... 79 RATE ELEMENTS ..............................................................................................111 ORDERING....................................................................................................... 121 BilLING.. .. . .. . .. .. .. .. .. . . .. . . .. .. . . .. . .. . .. .. .. .. . .. . .. .. .. . .. . . .. .. . .. .. . . .. .. .. . . .. .. .. .. .. . .. . .. . . .. .. . .. . . ... 136 MAINTENANCE AND REPAIR .............................................................................. 137 SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS............................................... 139 GENERAL TERMS ............................................................................................. 139 UNBUNDLED Loops ...................................................................................... 151 SUBlOOP UNBUNDLING ....................................................................................1709.4 INTENTIONAllY LEFT BLANK............................................................................ 180 NETWORK INTERFACE DEVICE (NID).................................................................180 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)............................... 184 UNBUNDLED DARK FIBER ................................................................................. 189 INTENTIONAllY LEFT BLANK.............................................................................197 INTENTIONAllY LEFT BLANK.............................................................................19710 INTENTIONAllY LEFT BLANK.............................................................................19711 INTENTIONAllY LEFT BLANK.............................................................................19712 INTENTIONAllY LEFT BLANK............................................................................. 19713 INTENTIONAllY LEFT BLANK.............................................................................19714 INTENTIONAllY LEFT BLANK.............................................................................19715 INTENTIONAllY LEFT BLANK............................................................................. 19716 INTENTIONAllY LEFT BLANK.............................................................................19717 INTENTIONAllY LEFT BLANK.............................................................................19718 ADDITIONAL UNBUNDLED ELEMENTS................................................................. 19719 CONSTRUCTION CHARGES ...............................................................................19820 INTENTIONAllY LEFT BLANK.............................................................................19921 INTENTIONAllY LEFT BLANK.............................................................................19922 INTENTIONAllY LEFT BLANK.............................................................................19923 UNBUNDLED NETWORK ELEMENT COMBINATIONS .............................................199 24 Loop SPLITTING ..............................................................................................208 SECTION 10.0 - ANCILLARY SERVICES ................... ..... .............. .......... ................... 216 10.INTERIM NUMBER PORTABILITY......... ........................... ............. ........................ 216 10.LOCAL NUMBER PORTABILITY ........................................................................... 223 10.911/E911 SERVICE .......................................................................................... 230 10.4 WHITE PAGES DIRECTORY LISTINGS SERVICE................................................... 235 10.DIRECTORY ASSISTANCE SERVICE....... ..... ..................... ................................... 239 10.DIRECTORY ASSISTANCE LIST .......................................................................... 243 July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 TABLE OF CONTENTS 10.TOll AND ASSISTANCE OPERATOR SERVICES ................................................... 248 10.8 ACCESS TO POLES , DUCTS, CONDUITS, AND RIGHTS OF WAY........................... 252 SECTION 11.0 - NETWORK SECURITY..................................................................... 267 SECTION 12.0 -ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............273 12.DESCRIPTION........................................ ....................................... .................... 273 12.2 OSS SUPPORT FOR PRE-ORDERING , ORDERING AND PROVISIONING ................. 273 12.MAINTENANCE AND REPAIR .............................................................................. 285 SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................ 296 SECTION 14.0 - LOCAL DIALING PARITY.................................................................. 297 SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER.............................. 298 SECTION 16.0 - REFERRAL ANNOUNCEMENT ........................................................299 SECTION 17.0 - BONA FIDE REQUEST PROCESS................................................... 300 SECTION 18.0 - AUDIT PROCESS.............................................................................. 303 SECTION 19.0 - CONSTRUCTION CHARGES ........................................................... 306 SECTION 20.0 - SERVICE PERFORMANCE ..............................................................307 SECTION 21.0 - NETWORK STANDARDS .................................................................308 SECTION 22.0 - SIGNATURE PAGE ........................................................................... 311 July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 iii EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K TABLE OF CONTENTS FOR EXHIBITS Rates Service Performance Indicators Service Interval Tables Owest Right of Way, Pole Attachment and/or Innerduct Occupancy General Information Document Intentionally Left Blank Special Request Process Intentionally Left Blank Calculation of the Relative Use Factor (RUF) Individual Case Basis (ICB) Election of Reciprocal Compensation Option Performance Assurance Plan July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 1 General Terms Section 1.0 - GENERAL TERMS This Agreement for Interconnection, Unbundled Network Elements , ancillary services, and resale of Telecommunications Services is between Utility Telephone, Inc. ("CLEC"), a California Corporation with offices at 1121 Waterkloo Road, Stockton , CA 95205 and Qwest Corporation ("Qwest"), a Colorado Corporation with offices at 1801 California Street Denver, Colorado 80202, pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of fulfilling Qwest's obligations under Sections 222 , 251(a), (b), and (c), 252, and other relevant provisions of the Act and the rules and regulations promulgated there under. Intentionally Left Blank. This Agreement sets forth the terms, conditions and pricing under which Qwest will provide to CLEC network Interconnection , access to Unbundled Network Elements , ancillary services, and Telecommunications Services available for resale within the geographical areas in which Qwest is providing local Exchange Service at that time , and for which Qwest is the incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local Telecommunications Services. 1.4 Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank With respect to the terms and provisions of this Agreement, Qwest has negotiated the Agreement in its entirety, and the inclusion of any particular provision , or rate term and condition , is not evidence of the reasonableness thereof when considered apart from all other provisions of the Agreement. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 2 Interpretation and Construction Section 2.INTERPRETATION AND CONSTRUCTION This Agreement includes this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to , this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation, rule , Tariff, technical reference , technical publication , or any publication of Telecommunications industry administrative or technical standards , shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements addenda, or successor) of that statute, regulation , rule , Tariff, technical reference, technical publication , or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law rule, regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change any reference in this Agreement to such law, rule , regulation or interpretation thereof will be to such law , rule , regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party s network may not be in compliance with the latest release of technical references technical publications, or publications of Telecommunications industry administrative or technical standards. The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state and federal rules, regulations, and laws as of March 11 , 2005 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Owest or CLEC concerning the interpretation or effect of the Existing Rules or an admission by Owest or CLEC that the Existing Rules should not be changed, vacated , dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Owest or CLEC from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed , vacated , dismissed , stayed or modified. To the extent that the Existing Rules are vacated , dismissed , stayed or materially changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days , it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement will be corrected , or if requested by CLEC, amended as set forth in this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing, service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision , unless otherwise ordered by the Commission. Where a Party provides notice to the other Party within thirty (30) Days of the effective date of an order issuing a legally binding change, any resulting amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates , and to the extent practicable for other terms and conditions , unless otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template , Version 3., April 30 , 2007 Section 2 Interpretation and Construction effective date of the legally binding change shall be the Effective Date of the amendment unless the Parties agree to a different date. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day negotiation period , the Parties agree that the first matter to be resolved during Dispute Resolution will be the implementation of an interim operating agreement between the Parties regarding the disputed issues, to be effective during the pendency of Dispute Resolution. The Parties agree that the interim operating agreement shall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes of this section , " legally binding" means that the legal ruling has not been stayed , no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation, has passed. In addition to, but not in limitation of, Section 2.2 above, nothing in this Agreement shall be deemed an admission by Owest or CLEC concerning the interpretation or effect of any rule , regulation , statute, or interpretations thereof, including but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand Order and state rules, regulations , and laws as they may be issued or promulgated. Nothing in this Agreement shall preclude or estop Owest or CLEC from taking any position in any forum concerning the proper interpretation or effect of any rule regulation , or statute, or concerning whether the foregoing should be changed , vacated dismissed, stayed or modified. Unless otherwise specifically determined by the Commission, in cases of conflict betweeh this Agreement and Owest's Tariffs PCA T, methods and procedures, technical publications , policies, product notifications or other Owest documentation relating to Owest's or CLEC's rights or obligations under this Agreement , then the rates , terms, and conditions of this Agreement shall prevail. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail. Intentionally Left Blank. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 3 CLEC Information Section 0 - CLEC INFORMATION Except as otherwise required by law, Qwest will not provide or establish Interconnection Unbundled Network Elements ancillary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The Parties shall complete Qwest's "New Customer Questionnaire " as it applies to CLEC's obtaining of Interconnection, Unbundled Network Elements, ancillary services , and/or resale of Telecommunications Services hereunder.3.2 Prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwest's "New Customer Questionnaire: General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing OSS and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for LIS Trunks, Collocation , and Associated Products (if CLEC plans to order these services) Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order these services) The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will be used to: Determine geographical requirements; Identify CLEC identification codes; Determine Qwest system requirements to support CLEe's specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and CLEC contact lists; and July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 3 CLEC Information Identify CLEC hours and holidays. CLECs that have previously completed a Questionnaire need not fill out a New Customer Questionnaire; however, CLEC will update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product CLEC will need to complete the relevant New Product Questionnaire and amend this Agreement, which may include an amendment pursuant to Section 1. Intentionally Left Blank. 3.4 Intentionally Left Blank. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Section 4.0 - DEFINITIONS Access Service Request" or "ASR" means the industry guideline forms and supporting documentation used for ordering Access Services. The ASR will be used to order trunking and facilities between CLEC and Qwest for Local Interconnection Service. Access Services" refers to the interstate and intrastate switched access and private line transport services offered for the origination and/or termination of interexchange traffic. Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange Carrier Switches. Qwest's Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic. Act" means the Communications Act of 1934 (47 U.C. 9 151 et. seq.), as amended and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. Advanced Services" refers to high speed , switched , broadband , wireline Telecommunications capability that enables users to originate and receive high-quality, voice, data , graphics or video Telecommunications using any technology. Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with , another person. For purposes of this paragraph the term 'own ' means to own an equity interest (or the equivalent thereof) of more than 10 percent. AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544 Mbps) using Alternate Mark Inversion (AMI) line code. Applicable Law" means all laws , statutes, common law, ordinances , codes, rules, guidelines orders, permits and approval of any governmental regulations, including, but not limited to , the Act, the regulations , rules , and final orders of the FCC and the Commission , and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. Application Date" or "APP" means the date CLEC provides Qwest an application for service containing required information as set forth in this Agreement. ATIS" or "Alliance for Telecommunications Industry Solutions is a North American telecommunication industry standards forum which , through its committees and working groups creates , and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines , as well as the standards of other industry fora, are referenced herein. Automated Message Accounting " or "AMA" is the structure inherent in Switch technology that initially records telecommunication message information. AMA format is contained in the AMA document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which defines the industry standard for message recording. July 12, 2007/lhd/Utility T elephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Automatic Location Identification" or "All" is the automatic display at the Public Safety Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). Automatic Location Identification/Database Management System" or "All/DBMS" is 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). Automatic Location Identification Gateway" or "All Gateway" is a computer facility into which CLEC delivers Automatic Location Identification (All) data for CLEC Customers. Access to the All Gateway will be via a dial-up modem using a common protocol. Automatic Number Identification" or "ANI" is the Billing telephone number associated with the access line from which a call originates. ANI and Calling Party Number (CPN) usually are the same number. Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into a circuit Switch routing table or system. Basic Exchange Telecommunications Service" means unless otherwise defined 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 process claims and adjustments. Binder Groups" means the sub-units of a cable , usually in groups of 25 , 50 or 100 color-coded twisted pairs wrapped in colored tape within a cable. Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17. Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the End User Customer and the Serving Wire Center or extending beyond the End User Customer location. Business Line" means a Qwest-owned switched access line used to serve a business customer, whether by Qwest itself or by CLEC that leases the line from Qwest. The number of July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Business Lines in a Wire Center shall equal the sum of all Owest business switched access lines , plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements Business Line tallies (1) shall include only those access lines connecting End User Customers with Owest end-offices for switched services; (2) shall not include non-switched special access lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in which the caller inquires as to the busy status of or requests an interruption of a call on another End User Customer s Basic Exchange Telecommunications Service line. Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers to the ten digit number transmitted through a network identifying the calling party. Reference Owest Technical Publication 77342. Carrier" or "Common Carrier" See Telecommunications Carrier. Carrier Liaison Committee . or "CLC" is under the auspices of A TIS and is the executive oversight committee that provides direction as well as an appeals process to its subtending fora the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum (OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee (TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a logical home in one of the subtending forums. OBF and NIMC publish business process rules for their respective areas of concern. Central Office" means a building or a space within a building where transmission facilities or circuits are connected or switched. Central Office Switch" means a Switch used to provide Telecommunications Services including, but not limited to: End Office Switches" which are used to terminate End User Customer station Loops , or equivalent, for the purpose of interconnecting to each other and to trunks; and Tandem Office Switches" (or "Tandem Switches ) which are used to connect and switch trunk circuits between and among other End Office Switches. CLEC Switch(es) shall be considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable geographic area as Owest's Tandem Office Switch. A fact-based consideration by the Commission of geography should be used to classify any Switch on a prospective basis. Centralized Automatic Message Accounting " or "CAMA" trunks are trunks using MF signaling protocol used to record Billing data. Centralized Message Distribution System" or "CMOS" means the operation system that Local Exchange Carriers use to exchange outcollect and lABS access messages among each other and other parties connected to CMOS. Centrex" shall have the meaning set forth in Section 6. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 4 Definitions Charge Number" is a Common Channel Signaling parameter, which refers to the number transmitted through the network identifying the Billing number of the calling party. Charge Number frequently is not the Calling Party Number (CPN). Collocation" is an arrangement where Owest provides space in Owest Premises for the placement of CLEC's equipment to be used for the purpose of Interconnection or access to Owest Unbundled Network Elements. Collocation - Point of Interconnection" or "POI" is the point outside Owest's Wire Center where CLEC's fiber facility meets Owest's Fiber Entrance Facility, except where CLEC uses an Express Fiber Entrance Facility. In either case , Owest will extend or run the Fiber Entrance Facility to CLEC's Collocation Space. Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.C. ~ 332 and FCC rules and orders interpreting that statute. Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the combination of an Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such facilities or services. Commingle" means the act of Commingling. Commission" means the Idaho Public Utilities Commission. Common Channel Signaling" or "CCS" means a method of exchanging call set up and network control data over a digital signaling network fully separate from the Public Switched Network that carries the actual call. Signaling System 7 ("SS7") is currently the preferred CCS method. Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. Competitive Local Exchange Carrier" or "CLEe" refers to a Party that has submitted a request pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to provide local Exchange Service that does not otherwise qualify as an Incumbent Local Exchange Carrier (ILEC). Confidential Information" shall have the meaning set forth in Section 5.16. Cross Connection" is a cabling scheme between cabling runs , subsystems , and equipment using patch cords or jumper wires that attach to connection hardware on each end. Current Service Provider" means the Party from which an End User Customer is planning to switch its local Exchange Service or the Party from which an End User Customer is planning to port its telephone number(s). Custom Calling Features" comprise a group of features provided via a Central Office Switch without the need for special Customer Premises Equipment. Features include , but are not July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 4 Definitions limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and series completing (busy or no answer). Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features consisting of number translation services , such as call forwarding and caller identification available within a Local Access and Transport Area ("LATA"). Features include , but are not limited to, automatic callback, automatic recall, calling number delivery, Customer originated trace , distinctive ringing/call waiting, selective call forwarding and selective call rejection. Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. Customer Premises Equipment" or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e., a telephone, PBX, modem pool, etc. Customer Usage Data" means the Telecommunications Service usage data of CLEC' Customer, measured in minutes, sub-minute increments, message units or otherwise, that is recorded by Owest AMA equipment and forwarded to CLEC. Dark Fiber" shall have the meaning set forth in Section 9. Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of transporting data. Day" means calendar days unless otherwise specified. Dedicated Transport" means Owest transmission facilities between Wire Centers or switches owned by Owest, or between Wire Centers or switches owned by Owest and switches owned by CLEC, including, but not limited to , DS1 , DS3 , and OCn-capacity level services , as well as Dark Fiber, dedicated to a particular End User Customer or carrier. Demarcation Point" means the point where Owest owned or controlled facilities cease , and CLEC , End User Customer, premises owner or landlord ownership or control of facilities begin. Designed , Verified and Assigned Date" or "DVA" means the date on which implementation groups are to report that all documents and materials have been received and are complete. Desired Due Date" means the desired service activation date as requested by CLEC on a service order. Dialing Parity" shall have the meaning set forth in Section 14. Digital Cross Connect System" or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within physical interface facilities. Types of DCS include but are not limited to DCS 1/0s , DCS 3/1s and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or greater with Cross Connection typically at the DSO rate. This same nomenclature, at the appropriate rate substitution , extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Synchronous Optical Network (SONET) signals (e., STS-3) are also DCS , although not denoted by this same type of nomenclature. DCS may provide the functionality of more than one of the aforementioned DCS types (e., DCS 3/3/1 which combines functionality of DCS 3/3 and DCS 3/1). For such DCS , the requirements will be, at least, the aggregation of requirements on the "component" DCS. In locations where automated Cross Connection capability does not exist, DCS will be defined as the combination of the functionality provided by a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4 channel banks or other DSO and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection , or other service platform device. Digital Signal Level" means one of several transmission rates in the time-division multiplex hierarchy. Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1. Digital Signal Level 1" or "DS 1" means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing. There are twenty-eight (28) DS1s in a DS3. Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network , DS3 is defined as the third level of multiplexing. Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii) disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de- multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM , Frame Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the Serving Wire Center (e., in a Remote Terminal , Central Office, or an End User Customer premises). Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that are designed to provide digital communications services over copper Loops either in addition to or instead of normal analog voice service , sometimes referred to herein as xDSL, including, but not limited to , the following: ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission technology that typically permits the transmission of up to 8 Mbps downstream (from the Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from the End User Customer to the Central Office) over one (1) copper pair. HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits over a single copper pair, T1 service over two (2) copper pairs, or future E1 service over three (3) copper pairs. HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital Subscriber Line" is a symmetrical , baseband DSL technology that permits the bi- directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching. SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission technology that permits the bi-directional transmission from up to 160 kbps to 2.048 Mbps on a single pair. VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission technology that permits the transmission of up to 52 Mbps downstream (from the Central Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the End User Customer to the Central Office). VDSL can also be 26 Mbps symmetrical, or other combination. Directory Assistance Database" shall have the meaning set forth in Sections 10., 10. and 10. Directory Assistance Lists" shall have the meaning set forth in Section 10. Directory Assistance Service" includes, but is not limited to , making available to callers , upon request, information contained in the Directory Assistance Database. Directory Assistance Service includes , where available, the option to complete the call at the caller s direction. Directory Listings" or "Listings" are any information identifying the listed names of subscribers of a Telecommunications Carrier and such subscribers' telephone numbers , addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names , numbers, addresses or classifications: (1) that the Telecommunications Carrier provides or uses for the purpose of publishing the Listings in any directory format; or (2) that the Telecommunications Carrier provides or uses in Directory Assistance Service, Directory Assistance List Service , or for other lawful purposes. Disturber" is defined as a technology recognized by industry standards bodies that significantly degrades service using another technology (such as how AMI T1x affects DSL). DSX Panel" means a cross connect bay or panel used for the termination of equipment and facilities operating at digital rates. Due Date" means the specific date on which the requested service is to be available to CLEC or to CLEC's End User Customer, as applicable. Effective Date" shall have the meaning set forth in Section 5. Electronic Bonding " is a real-time and secure electronic exchange of data between information. systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Electronic File Transfer" means any system or process that utilizes an electronic format and protocol to send or receive data files. Emergency Service Number" or "ESN" is a three to five digit number representing a unique combination of Emergency Response Agencies (law enforcement, fire and emergency medical service) designed to serve a specific range of addresses within a particular geographical area. The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the dispatch of proper Emergency Response Agency(ies). End User Customer" means a third party retail Customer that subscribes to a Telecommunications Service provided by either of the Parties or by another Carrier or by two (2) or more Carriers. Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code , protocol or similar aspects of a subscriber s transmitted information; that provide the subscriber with additional , different or restructured information; or involve End User Customer interaction with stored information. Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0. Environmental Hazard" means any substance the presence, use , transport, abandonment or disposal of which (i) requires investigation , remediation , compensation, fine or penalty under any Applicable Law (including, without limitation , the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health safety or the environment (including, without limitation , indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. Exchange Access" (IntraLATA Toll) as used in Section 7 is defined in accordance with Qwest' current IntraLATA toll serving areas , as determined by Qwest's state and interstate Tariffs and excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as used in the remainder of this Agreement shall have the meaning set forth in the Act. Exchange Message Interface" or "EMI" means the format used for exchange Telecommunications message information among Telecommunications Carriers. It is referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. Exchange Message Record" or "EMR" is the standard used for exchange telecommunications message information between telecommunications providers for billable non-billable , sample , settlement and study data. EMR format is contained in BR-01 0-200-01 0 CRIS Exchange Message Record , a Telcordia document that defines industry standards for exchange message records. Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the Local Calling Area as defined in Qwest's Southern Idaho and Northern Idaho Exchange and Network Services Catalogs. FCC" means the Federal Communications Commission. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Fiber-based Collocator" means any carrier, unaffiliated with Qwest, that maintains a Collocation arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber- optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party other than Qwest or any affiliate of Qwest, except as set forth in this paragraph. Dark fiber obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this definition , the term "affiliate" is defined by 47 U.C. 9 153(1). Fiber Meet" means an Interconnection architecture method whereby the Parties physically interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually-agreed-upon location. Finished Services" means complete end-to-end services offered by Qwest to wholesale customers or retail End User Customers. Finished Services do not include Unbundled Network Elements or combinations of Unbundled Network Elements. Finished Services include Access Services , private lines, retail services , and resold services. Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that CLEC's Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the service requested. Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity between the networks of service providers that are not directly connected to each other; or (ii) provides third party database services such as LlDB. The SS7 messages received by Hub Providers are accepted or rejected by the Hub Provider depending on whether a contractual arrangement exists between the Hub Provider and the message originator (sender) and whether the message originator has contracted for the type of SS7 messages being submitted for transmission to the Hub Provider. Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I. Information Service is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management , control , or operation of a Telecommunications system or the management of a Telecommunications Service. Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates multiple voice channels within the Switch on a DS1 level signal. Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end- to-end digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channel. Primary Rate ISDN (PRI) provides for twenty-three (23) bearer channels and one (1) data channel. For BRI , the bearer channels operate at 64 Kbps and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or 5 Mbps. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange Access and Jointly Provided Switched Access traffic. Interconnection Agreement" or "Agreement" is an agreement entered into between Owest and CLEC for Interconnection , Unbundled Network Elements or other services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When CLEC signs and delivers a copy of this Agreement to Owest pursuant to the notice provision of the Agreement, it becomes the Interconnection Agreement between the Parties pursuant to Section 252(e) of the Act. Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. Interexchange Service" means telecommunications service between stations in different exchange areas. Modification of Final Judgment ~ IV(K), reprinted in United States v. Am. Tel. Tel. Co., 552 F. Supp. 131 229 (D.D.C. 1982) (defining "interexchange telecommunications as "telecommunications between a point or points located in one exchange telecommunications area and a point or points located in one or more other exchange areas or a point outside an exchange area Interim Number Portability" or "INP" is a method of number portability, such as Remote Call Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows one Party to port telephone numbers from its network to the other Party s network with as little impairment of quality, reliability and convenience to the customer as possible , but does not comply with the Local Number Portability performance criteria set forth in 47 C.R. Section 52.23(a). lnterLATA Traffic" describes Telecommunications between a point located in a Local Access and Transport Area ("LATA") and a point located outside such area. Interoperability" means the ability of a Owest ass Function to process seamlessly (Le., without any manual intervention) business transactions with CLEC's ass application , and vice versa by means of secure exchange of transaction data models that use data fields and usage rules that can be received and processed by the other Party to achieve the intended ass Function and related response. (See also Electronic Bonding. lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area. LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code shown in the LERG from one Carrier to another Carrier. Line Side" refers to End Office Switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e., an End User Customer telephone station set, a PBX, answering machine , facsimile machine or computer). Local Access Transport Area" or "LATA" is as defined in the Act. Local Calling Area" is as defined in Owest's Southern Idaho and Northern Idaho Exchange and Network Services Catalogs. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference Document used by LECs and (XCs to identify NPA-NXX routing and homing information as well as Network Element and equipment designations. Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends from CLEC's Switch location or Point of Interconnection (POI) to the Owest Serving Wire Center. An Entrance Facility may not extend beyond the area served by the Owest Serving Wire Center. Local Interconnection Service" or "LIS" is the Owest product name for its provision of Interconnection as described in Section 7 of this Agreement. Local Number Portability" or "LNP" shall have the meaning set forth in Section 1 0. Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish industry-wide ordering and Billing processes for ordering local services. Local Service Request" or "LSR" means the industry standard forms and supporting documentation used for ordering local services. Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a Central Office Switch in a defined geographic area for call routing purposes. This ten- (1 a)-digit number serves as a network address and the routing information is stored in a database. Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a database query to obtain the Location Routing Number that corresponds with the Switch serving the dialed telephone number. Based on the Location Routing Number, the querying Carrier then routes the call to the Switch serving the ported number. The term "LRN" may also be used to refer to a method of LNP. Long Distance Service" (see "Interexchange Service Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9. Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the following: aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals (multiplexing); disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals demultiplexing); aggregates a specified number of signals or channels to fewer channels (concentrating); performs signal conversion , including encoding of signals (e., analog to digital and July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions digital to analog signal conversion); or in some instances performs electrical to optical (E/O) conversion. LCM includes DLC , and D4 channel banks and may be located in Remote Terminals or Central Offices. Main Distribution Frame" or "MDF" means a Owest distribution frame (e., COSMICTM frame) used to connect Owest cable pairs and line and trunk equipment terminals on a Owest switching system. Maintenance and Repair" involves the exchange of information between Carriers where one initiates a request for maintenance or repair of existing products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports in order to ensure proper operation and functionality of facilities. Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work performed by Owest. Basic Maintenance of Service charges apply when the Owest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Owest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Owest technician performs work on either a Sunday or Owest recognized holiday. Master Street Address Guide" or "MSAG" is a database of street names and house number ranges within their associated communities defining particular geographic areas and their associated ESNs to enable proper routing of 911 calls. Meet Point" is a point of Interconnection between two (2) networks, designated by two (2) Telecommunications Carriers, at which one Carrier s responsibility for service begins and the other Carrier s responsibility ends. Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" refers to an arrangement whereby two (2) LECs (including a LEC and CLEC) jointly provide Switched Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate share of the revenues from the IXC as defined by their effective access Tariffs. Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2) Telecommunications Carriers, whereby each provides its own cable and equipment up to the Meet Point of the cable facilities. Miscellaneous Charges" mean charges that apply for miscellaneous services provided at CLEC's request or based on CLEC's actions that result in miscellaneous services being provided by Owest , as described in this Agreement. Mobile Wireless Service" means all mobile wireless telecommunications services , including commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone service and offshore radiotelephone services, as well as mobile telephony services , such as the vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses. Multiple Exchange Carrier Access Billing " or "MECAB" refers to the document prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications . Industry Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access service provided by two (2) or more LECs (including a LEC and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA. Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as Special Report SR STS-002643 , establishes recommended guidelines for processing orders for access service which is to be provided by two (2) or more LECs (including a LEC and a CLEC). It is published by Telcordia Technologies as SRBDS 00983. 1 Carrier" means the Carrier in the call routing process immediately preceding the terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under the FCC's rules) to determine the LRN value for correctly routing a call to a ported number. National Emergency Number Association" or "NENA" is an association which fosters the technological advancement, availability and implementation of 911 Service nationwide through research , planning, training, certification , technical assistance and legislative representation. Near Real Time" means that Qwest's ass electronically receives a transaction from CLEC automatically processes that transaction, returns the response to that transaction to CLEC in an automatic event driven manner (without manual intervention) via the interface for the ass function in question. Except for the time it takes to send and receive the transaction between Qwest's and CLEC's ass application, the processing time for Qwest's representatives should be the same as the processing time for CLEC's representatives. Current benchmarks using TCIF 98-006 averages between two (2) and four (4) seconds for the connection and an average transaction transmittal. The specific agreed metrics for Near Real Time transaction processing will be contained in the Performance Indicator Definitions (PIDs), where applicable. Network Element" is a facility or equipment used in the provision of Telecommunications Service. It also includes features, functions , and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases , signaling systems, and information sufficient for Billing and collection or used in the transmission , routing, or other provision of a Telecommunications Service. Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee responsible for developing business process rules for Maintenance and Repair or trouble administration. Network Interface Device" or "NID" is a Network Element (including all of its features, functions and capabilities) that includes any means of Interconnection of End User Customer premises wiring to Qwest's distribution plant , such as a cross connect device used for that purpose. New Service Provider" means the Party to which an End User Customer switches its local Exchange Service or the Party to which an End User Customer is porting its telephone number(s). July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions 911 Service" shall have the meaning set forth in Section 10. 911/E911 Interconnection Trunk Groups " shall have the meaning set forth in Section 10. Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47 R. S 51.319(a)(4)(i) for DS1 Loops and 47 C.R. S 51.319(a)(5)(i) for DS3 Loops. Non- impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.R. S 51.319(e)(3) and subject to the limitations of 47 C.R. S 51.319(e)(2)(ii)(A) for DS1 Dedicated Transport and 47 C.R. S 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport. North American Numbering Council" or "NANC" means the federal advisory committee chartered by the FCC to analyze, advise , and make recommendations on numbering issues. North American Numbering Plan" or "NANP" means the basic numbering plan for the Telecommunications networks located in the United States as well as Canada , Bermuda , Puerto Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code) followed by a 3-digit NXX code and 4-digit line number. Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional number portability centers involved in the dissemination of data associated with ported numbers. The NPACs were established for each of the seven (7) original Bell Operating Company regions so as to cover the fifty (50) states, the District of Columbia and the U. territories in the North American Numbering Plan area. Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique three-digit indicator that is defined by the " " " B" and "C" digits of each 1 O-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general categories of NPA. "Geographic NPA" is associated with a defined geographic area and all telephone numbers bearing such NPA are associated with services provided within that geographic area. A "Non-Geographic NPA " also known as a "Service Access Code" (SAC Code), is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs. NXX " " NXX Code " " Central Office Code " or "CO Code " is the three- (3)-digit Switch entity code which is defined by the " " " E" and "F" digits of a ten- (10) digit telephone number within the NANP. Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12. Optional Testing" is testing conducted by Qwest, at the request of CLEC, that is in lieu of testing CLEC should complete to isolate trouble to the Qwest network prior to submitting a trouble ticket to Qwest. Ordering and Billing Forum" or "OBF" means the telecommunications industry forum , under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that identifies the line class of service, Le., originating screening and routing translation. July 12 , 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions 01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning standard with the statistical probability of no more than one (1) call in one hundred (100) blocked on initial attempt during the average busy hour. Packet Switch" is a router designed to read the destination address in an incoming cell or packet, consult a routing table and route the packet toward its destination. Packetizing is done in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or protocols exist (e., x., x., frame relay, ATM , and IP). Parity" means the provision of non-discriminatory access to Interconnection, Resale Unbundled Network Elements and other services provided under this Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible , the access provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself, its End User Customers, its Affiliates or to any other party. Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC. Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutes to the sum of local and IntraLATA Toll minutes sent between the Parties over Local Interconnection trunks. Directory Assistance Services, CMRS traffic , transiting calls from other LECs and Switched Access Services are not included in the calculation of PLU. Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. Person " is a general term meaning an individual or association, corporation , firm , joint-stock company, organization, partnership, trust or any other form or kind of entity. Physical Collocation" shall have the meaning set forth in Section 8. Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC. Point of Interface , " Point of Interconnection " or "POI" is a demarcation between the networks of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of traffic takes place. Point of Presence" or "POP" means the Point of Presence of an IXC. Pole Attachment" shall have the meaning set forth in Section 10. Port" means a line or trunk connection point, including a line card and associated peripheral equipment , on a Central Office Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilities connected to the Central Office Switch. Each Line Side Port is typically associated with one or more telephone numbers that serve as the Customer s network address. POTS" means plain old telephone service. Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal power densities across a range of frequencies to permit divergent technologies to coexist in close proximity within the same Binder Groups. July 12, 200711hd/Utility TelephonellD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Premises" refers to Owest's Central Offices and Serving Wire Centers; all buildings or similar structures owned , leased , or otherwise controlled by Owest that house its network facilities; all structures that house Owest facilities on public rights-of-way, including but not limited to vaults containing Loop Concentrators or similar structures; and all land owned , leased , or otherwise controlled by Owest that is adjacent to these Central Offices , Wire Centers, buildings and structures. Product Catalog " or "PCA T" is a Owest document that provides information needed to request services available under this Agreement. Owest agrees that CLEC shall not be held to the requirements of the PCA T. The PCA T is available on Owest's web site: http://www.qwest.com/whoiesale/pcat/ Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in section 9., including out of hours coordination. Proof of Authorization" or "POA" shall consist of verification of the End User Customer selection and authorization adequate to document the End User Customer s selection of its 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 or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports. Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same number of digits as ANI , that is not a NANP telephone directory number and may be used in place of an ANI to convey special meaning, determined by agreements , as necessary, between the system originating the call , intermediate systems handling and routing the call , and the destination system. Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio , provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. Rate Center" identifies 1) the specific geographic point identified by specific vertical and horizontal (V&H) coordinates , which are used to measure distance sensitive End User Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and 2) the corresponding geographic area which is associated with one or more particular NPA-NXX codes which have been assigned to a LEC for its provision of Telephone Exchange Service. Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when Owest has completed all operational work in accordance with CLEC Application and makes functional space available to CLEC. Such work includes , but is not necessarily limited to: power (fuses available, Battery Distribution Fuse Board (BDFB) is powered , and cables between CLEC and power are terminated), cage enclosures , primary AC outlet, cable racking, and circuit terminations (e., fiber jumpers are placed between the outside plant fiber July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA are complete, telephone service, and other services and facilities ordered by CLEC for Provisioning by the RFS date. Records Issue Date" or "RID" means the date that all design and assignment information is sent to the necessary service implementation groups. Remote Call Forwarding " or "RCF" means the INP method that redirects calls within the telephone network. If an End User Customer changes its local service provider from one Party to the other Party, using RCF, the old service provider s switch will route the End User Customer s calls to the new service provider by translating the dialed number into another telephone number with an NXX corresponding to the new service provider s switch. The new service provider then completes the routing of the call to its new End User Customer. Remote Premises" means all Qwest Premises , other than Qwest Wire Centers or adjacent to Qwest Wire Centers. Such Remote Premises include controlled environmental vaults controlled environmental huts, cabinets , pedestals and other Remote Terminals. Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point between the End User Customer and Qwest's Central Office , where Loops are aggregated and hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may contain active electronics such as digital loop carriers, fiber hubs, DSLAMs , etc. Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their End User Customers. Reserved Numbers" means those telephone numbers which are not in use but which are held in reserve by a Carrier under a legally enforceable written agreement for a specific End User Customer s future use. Route" is a transmission path between one of Qwest's Wire Centers or switches and another of Qwest's Wire Centers or Switches. A route between two (2) points (e., Wire Center or Switch A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers or Switches (e., Wire Center or Switch "). Transmission paths between identical end points (e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route irrespective of whether they pass through the same intermediate Wire Centers or Switches , if any. Scheduled Issued Date" or "SID" means the date the order is entered into Qwest's order distribution system. Selective Router" means the equipment necessary for Selective Routing. Selective Routing" is the automatic routing of 911 /E911 calls to the PSAP that has jurisdictional responsibility for the service address of the caller, irrespective of telephone company exchange or Wire Center boundaries. Selective Routing may also be used for other services. Service Date" or "SO" means the date service is made available to the End User Customer. This also is referred to as the "Due Date. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Service Provider Identification " or "SPID" is the number that identifies a service provider to the relevant NPAC. The SPID may be a state-specific number. Serving Wire Center" denotes the Wire Center from which dial tone for local Exchange Service would normally be provided to a particular End User Customer premises. Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub- protocols: 1) Message Transfer Part (MTP), which provides functions for basic routing of signaling messages between signaling points;2) Signaling Connection Control Part (SCCP), which provides additional routing and management functions for transfer of messages other than call setup between signaling points;3) Integrated Services Digital Network User Part (ISUP), which provides for transfer of call setup signaling information between signaling points; and4) Transaction Capabilities Application Part (TCAP), which provides for transfer of non-circuit related information between signaling points. Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F. Spectrum Compatibility" means the capability of two (2) copper loop transmission system technologies to coexist in the same cable without service degradation and to operate satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is defined on a per twisted pair basis for specific well-defined transmission systems. For the purposes of issues regarding Spectrum Compatibility, service degradation means the failure to meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined for the specific transmission system for all Loop lengths , model Loops, or loss values within the requirements for the specific transmission system. Splitter" means a device used in conjunction with a DSLAM either to combine or separate the high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice anddata over a single Loop. Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12. Subloop" shall have the meaning set forth in Section 9. Suspended Lines" means subscriber lines that have been temporarily disconnected. Switch" means a switching device employed by a Carrier within the Public Switched Network. Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem Switches, Remote Switching Modules , and Packet Switches. Switches may be employed as a combination of End Office/Tandem Switches. Switched Access Service" means the offering of transmission and switching services to Interexchange Carriers for the purpose of the origination or termination of telephone toll service. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0, 8XX access, and 900 access and their successors or similar Switched Access Services. Switched Access Traffic " as specifically defined in Qwest's interstate Switched Access Tariffs is traffic that originates at one of the Party s End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party s End User Customers, whether or not the traffic transits the other Party s network. Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing) standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards Association (ECSA) for the American National Standards Institute ("ANSI" ). Tariff" as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs price lists, and price schedules. Technically Feasible" Interconnection , access to Unbundled Network Elements , Collocation and other methods of achieving Interconnection or access to Unbundled Network Elements at a point in the network shall be deemed Technically Feasible absent technical or operational concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such Interconnection , access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, Billing, space, or site concerns , except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such Interconnection, access , or methods would result in specific and significant adverse network reliability impacts. Telecommunications" means the transmission, between or among points specified by the user of information of the user s choosing, without change in the form or content of the information as sent and received. Telecommunications Carrier" means any provider of Telecommunications Services , except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services , except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. Telecommunications Equipment" means equipment other than Customer Premises Equipment, used by a Carrier to provide Telecommunications Services , and include software integral to such equipment, including upgrades. Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public regardless of the facilities used. Telephone Exchange Service" means a service within a telephone exchange , or within a connected system of telephone exchanges within the same exchange area operated to furnish to End User Customers intercommunicating service of the character ordinarily furnished by a July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions single exchange, and which is covered by the Exchange Service charge, or comparable service provided through a system of Switches, transmission equipment or other facilities (or combinations thereof) by which a subscriber can originate and terminate a TelecommunicationsService. TELRIC" means Total Element Long-Run Incremental Cost. Tier 1 Wire Centers" means those Owest Wire Centers that contain at least four (4) Fiber- based Collocators, at least thirty-eight thousand (38 000) Business Lines , or both. Tier 1 Wire Centers also are those Owest tandem switching locations that have no line-side switching facilities , but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center. Tier 2 Wire Centers" means those Owest Wire Centers that are not Tier 1 Wire Centers, but contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24 000) Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center. Tier 3 Wire Centers" means those Owest Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers. Toll Free Service" means service provided with any dialing sequence that invokes Toll Free i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service 800/888/877/866 NPA SAC codes. Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data related field rules , format, structure , syntax, attributes , segments , elements, qualifiers, valid values that are required to initiate and process a business function from one trading partner to another. Some business function events , e., pre-order inquiry and response are defined as complimentary Transaction Sets. An example of a Transaction Set is service address validation inquiry and service address validation response. Trouble Isolation Charge" - see "Maintenance of Service. Trunk Side" refers to Switch connections that have been programmed to treat the circuit as connected to another switching entity. Unbundled Network Element" ("UNE") is a Network Element that has been defined by the FCC as a Network Element to which Owest is obligated under Section 251 (c)(3) of the Act to provide unbundled access or for which unbundled access is provided under this Agreement. Unbundled Network Elements do not include those Network Elements Owest is obligated to provide only pursuant to Section 271 of the Act. UNE Combination" means a combination of two (2) or more Unbundled Network Elements that were or were not previously combined or connected in Owest's network, as required by the FCC, the Commission or this Agreement. Virtual Collocation" shall have the meaning set forth in Sections 8.1 and 8. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 4 Definitions Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to low-income subscribers, pursuant to requirements established by the Commission or the FCC. Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded , scrapped or recycled , associated with activities CLEC or Owest or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers garbage, scrap, residues or by products), except for substances and materials that CLEC Owest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances , materials or components incorporated into structures (such as cable routes) even after such components or structures are no longer in current use. Wire Center" means the location of a Owest local switching facility containing one or more Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of Federal Regulations. Wire Center boundaries define the area in which all End User Customers served by a given Wire Center are located. Wired and Office Tested Date" or "WOT" means the date by which all intraoffice wiring is completed , all plug-ins optioned and aligned , frame continuity established, and the interoffice facilities , if applicable , are tested. This includes the date that switching equipment, including translation loading, is installed and tested. Work Locations" means any real estate that CLEC or Owest, as appropriate, owns , leases or licenses , or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules , are intended to include the definition as set forth in the Act and the rules implementing the Act. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS General Provisions Intentionally Left Blank. The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan. Neither Party shall use any service related to or use any of the services provided in this Agreement in any manner that interferes with other Persons in the use of their service prevents other Persons from using their service , or otherwise impairs the quality of service to other Carriers or to either Party s End User Customers. In addition, neither Party s provision of or use of services shall interfere with the services related to or provided under this Agreement. If such impairment is material and poses an immediate threat to the safety of either Party s employees, Customers or the public or poses an immediate threat of a service interruption , that Party shall provide immediate notice by email to the other Party s designated representative(s) for the purposes of receiving such notification. Such notice shall include 1) identification of the impairment (including the basis for identifying the other Party s facilities as the cause of the impairment), 2) date and location of the impairment , and 3) the proposed remedy for such impairment for any affected service. Either Party may discontinue the specific service that violates the provision or refuse to provide the same type of service if it reasonably appears that the particular service would cause similar harm, until the violation of this provision has been corrected to the reasonable satisfaction of that Party and the service shall be reinstituted as soon as reasonably possible. The Parties shall work cooperatively and in good faith to resolve their differences. In the event either Party disputes any action that the other Party seeks to take or has taken pursuant to this provision , that Party may pursue immediate resolution by expedited or other Dispute Resolution. If the impairment is service impacting but does not meet the parameters set forth in Section 5., such as low level noise or other interference , the other Party shall provide written notice within five (5) Days of such impairment to the other Party and such notice shall include the information set forth in subsection 5.1. The Parties shall work cooperatively and in good faith to resolve their differences. If the impairment has not been corrected or cannot be corrected within five (5) business days of receipt of the notice of non-compliance , the other Party may pursue immediate resolution by expedited or other Dispute Resolution. If either Party causes non-service impacting impairment the other Party shall provide written notice within fifteen (15) Days of the impairment to the other Party and such notice shall include the information set forth in subsection 5.1. The Parties shall work cooperatively and in good faith to resolve their differences. If either Party fails to correct any such impairment within fifteen (15) Days of written notice, or if such non- compliance cannot be corrected within fifteen (15) Days of written notice of non- compliance, and if the impairing Party fails to take all appropriate steps to correct as soon as reasonably possible, the other Party may pursue immediate resolution by expedited or other Dispute Resolution. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 3.4 It is the responsibility of either Party to inform its End User Customers of service impacting impairment that may result in discontinuance of service as soon as the Party receives notice of same.1.4 Each Party is solely responsible for the services it provides to its End User Customers and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. The Parties shall work cooperatively to minimize fraud associated with third- number billed calls , calling card calls, and any other services related to this Agreement. Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission , and (b) the development, modification , technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Owest shall not assess any charges against CLEC for services, facilities, Unbundled Network Elements , ancillary services and other related work or services covered by this Agreement unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder (including resold Telecommunications Services, Unbundled Network Elements UNE Combinations and ancillary services) and all new and additional services or Unbundled Network Elements to be provided hereunder, shall be priced 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 on the date of Commission Approval. This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire on October 31 2010. Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor agreement in accordance with this Section 2. 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 , CLEC may obtain Interconnection services under the terms and conditions of a then-existing SGAT or agreement to become effective at the conclusion of the term or prior to the conclusion of the term if CLEC so chooses. Proof of Authorization Each Party shall be responsible for obtaining and maintaining Proof of Authorization (POA) as required by applicable federal and state law, as amended from time to time. July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 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. 5.4 Payment 5.4.Amounts payable under this Agreement are due and payable within thirty (30) Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday, or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall be the last non-holiday day preceding such Saturday or holiday. For invoices distributed electronically, the date of invoice date is the same as if the invoice were billed on paper, not the date the electronic delivery occurs. If either Party fails to make payment on or before the Payment Due Date, the other Party may invoke all available rights and remedies. 5.4.One Party may discontinue processing orders for the failure of the other Party to make full payment for the services, less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty (30) Days following the payment due date provided the Billing Party has notified the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for services. If the Billing Party does not refuse to accept additional orders for the services on the date specified in the ten (10) business days' notice , and the other Party s non-compliance continues , nothing contained herein shall preclude the Billing Party s right to refuse to accept additional orders for the services from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all charges for the services not disputed in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party, pursuant to this section. addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.The Billing Party may disconnect services for failure by the billed Party to make full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement, for the services provided under this Agreement within sixty (60) Days following the payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party will notify the billed Party at least ten (10) business days prior to disconnection of the service(s). In case of such disconnection , all applicable undisputed charges, including termination charges shall become due. If the Billing Party does not disconnect the billed Party s service(s) on the date specified in the ten (10) business days notice, and the billed Party s noncompliance continues , nothing contained herein shall preclude the Billing Party s right to disconnect services of the non-complying Party without further notice. For reconnection of the services to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the services. Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to this Section. If the billed Party is a new GLEG customer of Qwest, the application of this provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts billed during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 5.4.4 Should GLEG or Qwest dispute , in good faith , any portion of the charges under this Agreement, the Parties will notify each other in writing within fifteen (15) Days following the payment due date identifying the amount, reason and rationale of such dispute. At a minimum GLEG and Qwest shall pay all undisputed amounts due. Both GLEG and Qwest agree to expedite the investigation of any disputed amounts, promptly provide reasonably requested documentation regarding the amount disputed , and work in good faith in an effort to resolve and settle the dispute through informal means prior to invoking any other rights or remedies. 5.4.4.If a Party disputes charges and does not pay such charges by the payment due date , such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Billing Party, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the next Bill Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bill Date after the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. 5.4.4.If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4., and the dispute is resolved in favor of the disputing Party, the Billing Party will adjust the Billing, usually within two (2) Billing cycles, after the resolution of the dispute, as follows: (1) The Billing Party will credit the Billed Party s bill for the disputed amount and any associated interest; or (2) If the disputed amount is greater than the bill to be credited , pay the remaining amount to the Billed Party. (3) The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, will any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.If the Billed Party fails to dispute a rate or charge within sixty (60) Days following the invoice date on which the rate or charge appeared , adjustment will be made on a going-forward basis only, beginning with the date of the dispute. 5.4.In the event of a material adverse change in GLEG'financial condition subsequent to the Effective Date of this Agreement, Qwest may request a security deposit. A material adverse change in financial condition" means GLEG is a new GLEG with no established credit history, or is a GLEG that has not established satisfactory credit with Qwest or the Party is repeatedly delinquent in making its payments, or is being reconnected after a disconnection of Service or discontinuance of the processing of orders by Qwest due to a previous failure to pay undisputed charges in a timely manner. Qwest may require a deposit to beheld as security for the payment of charges before the orders from GLEG will be provisioned and completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a material amount of total monthly Billing under the Agreement received after the Payment Due Date, three (3) or more times during the last twelve (12) month period. The initial deposit may not exceed the estimated total monthly charges for a two (2) month period based upon July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions recent Billing. The deposit may be adjusted by CLEC's actual monthly average charges payment history under this Agreement, or other relevant factors, but in no event will the security deposit exceed five million dollars ($5 000 000.00). The deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions acceptable to Owest, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) Days after demand and non-payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement. 5.4.Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest will be credited to CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with Owest, which will generally be one full year of timely payments of undisputed amounts in full by CLEC. Upon a material change in financial standing, including factors referenced in Section 5.4.5 above , CLEC may request and the Owest will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve CLEC from any requirements of this Agreement. 5.4.Owest may review CLEC's credit standing and modify the amount of deposit required but in no event will the maximum amount exceed the amount stated in 5.4.5 or another amount, if approved by the Commission. 5.4.The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements. 5.4.CLEC shall be responsible for notifying its End User Customers of any pending disconnection of a service by CLEC , if necessary, to allow those End User Customers to make other arrangements for such services. Taxes Any federal , state, or local sales , use, excise , gross receipts, transaction or similar taxes , fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law even if the obligation to collect and remit such taxes is placed upon the other Party. However where the selling Party is permitted by law to collect such taxes, fees or surcharges , from the purchasing Party, such taxes , fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence , status or income. Whenever possible , these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption , the purchasing Party shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided , no exemptions will be applied. If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party s challenge provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest provided that the Contesting Party is liable for and has paid the tax contested. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 5 Terms and Conditions Insurance Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers having a Best's " rating of A-VII with respect to liability arising from that Party s operations for which that Party has assumed legal responsibility in this Agreement. If either Party or its parent company has assets equal to or exceeding ten billion dollars ($10 000 000 000), that Party may utilize an Affiliate captive insurance company in lieu of a "Best's " rated insurer. To the extent that the parent company of a Party is relied upon to meet the ten billion dollar ($10 000 000 000) asset threshold , such parent shall be responsible for the insurance obligations contained in this Section 5., to the extent its affiliated Party fails to meet such obligations. 1 Workers' Compensation with statutory limits as required in the state of operation and Employers' Liability insurance with limits of not less than one hundred thousand dollars ($100 000) each accident. Commercial General Liability insurance covering claims for bodily injury, death, personal injury or property damage occurring or arising out of the use or occupancy of the premises, including coverage for independent contractor s protection (required if any work will be subcontracted), premises-operations , products and/or completed operations and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than one million dollars ($1 000 000) each occurrence and two million dollars ($2 000 000) general aggregate limit. Business automobile liability insurance covering the ownership, operation and maintenance of all owned , non-owned and hired motor vehicles with limits of not less than one million dollars ($1 000 000) per occurrence for bodily injury and property damage.1.4 Umbrella/Excess Liability insurance in an amount of ten million dollars ($10 000 000) excess of Commercial General Liability insurance specified above. These limits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is eleven million dollars ($11 000 000).5 "All Risk" Property coverage on a full replacement cost basis insuring all of CLEC personal property situated on or within the Premises or Remote Premises. Each Party will initially provide certificate(s) of insurance evidencing coverage and thereafter will provide such certificate(s) upon request. Such certificates shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) Days prior written notice of cancellation of the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess of, or contributory with , any other valid and collectible insurance purchased by the other Party; and (4) acknowledge severability of interest/cross liability coverage. Force Majeure Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation, acts of nature , acts of civil or military authority, government regulations July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 5 Terms and Conditions embargoes , epidemics, terrorist acts , riots , insurrections , fires, explosions , earthquakes , nuclear accidents, floods, work stoppages , power blackouts, volcanic action, other major environmental disturbances , or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party s control and without that Party s fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. Limitation of Liability Each Party s liability to the other Party for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind , shall be limited to the total amount that is or would have been charged to the other Party by such breaching Party for the service(s) or function(s) not performed or improperly performed. Each Party s liability to the other Party for any other losses shall be limited to the total amounts charged to GLEG under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to the QPAP shall not be counted against the limit provided for in this Section. Neither Party shall be liable to the other for indirect, incidental , consequential , or special damages, including (without limitation) damages for lost profits, lost revenues, lost savings suffered by the other Party regardless of the form of action , whether in contract warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement, nothing in this Section 5.2 shall limit amounts due and owing under any Performance Assurance Plan. Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party s liability to the other for (i) willful or intentional misconduct or (ii) damage to tangible real or personal property proximately caused solely by such Party s negligent act or omission or that of their respective agents , subcontractors, or employees. Nothing contained in this Section 5.shall limit either Party s obligations of indemnification specified in this Agreement , nor shall this Section 5.8 limit a Party s liability for failing to make any payment due under this Agreement. Intentionally Left Blank. Indemnity The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: Each of the Parties agrees to release , indemnify, defend and hold July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 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 s End User Customers regardless of whether the underlying service was provided or Unbundled Network Element was provisioned by the Indemnified Party, unless the loss was caused by the willful misconduct of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party s End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss , damage to, or destruction of tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees contractors, agents, or other representatives of the Indemnified Party. Intentionally Left Blank. 1.4 Intentionally Left Blank. The indemnification provided herein shall be conditioned upon: The Indemnified Party shall promptly notify the Indemnifying Party of any action taken against the Indemnified Party relating to the indemnification. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party s ability to defend such claim. If the Indemnifying Party wishes to defend against such action, it shall give written notice to the Indemnified Party of acceptance of the defense of such action. In such event, the Indemnifying Party shall have sole authority to defend any such action, including the selection of legal counsel , and the Indemnified Party may engage separate legal counsel only at its sole cost and expense. In the event that the Indemnifying Party does not accept the defense of the action , the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions In the event the Indemnified Party withholds consent, the Indemnified Party may, at its cost, take over such defense, pro~ided that, in such event, the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Party against , any cost or liability in excess of such refused compromise or settlement. Intellectual Property 10.Except for a license to use any facilities or equipment (including software) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to Telecommunications facilities and services, nothing contained within this Agreement shall be construed as the grant of a license either express or implied , with respect to any patent, copyright, trade name , trade mark, service mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned controlled or licensable by either Party. Nothing in this Agreement shall be construed as the grant to the other Party of any rights or licenses to trade or service marks. 10.Subject to Section 5., each Party (the Indemnifying Party) shall indemnify and hold the other Party (the Indemnified Party) harmless from and against any loss , cost, expense or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. addition to being subject to the provisions of Section 5., the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other Person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event of any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility 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 GLEG 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 GLEG 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. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 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 CLEC 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 CLEC from using or interconnecting with such facilities, equipment or services, including software , pursuant to the terms of this Agreement. To the extent that providers of facilities , equipment services or software in Qwest's network provide 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 CLEC. 10.4 Except as expressly provided in this Intellectual Property Section , nothing in this Agreement shall be construed as the grant of a license , either express or implied , with respect to any patent, copyright, logo, trademark, trade name , trade secret or any other intellectual property right now or hereafter owned , controlled or licensable by either Party. Neither Party may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other Party or its Affiliates without execution of a separate agreement between the Parties. 10.Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected , or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials , the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its End User Customers , provided it does not represent the Network Elements as originating from the other Party or its Affiliates in any marketing, advertising or promotional activities or materials. 10.For purposes of resale only and notwithstanding the above , unless otherwise prohibited by Qwest pursuant to an applicable provision herein , CLEC may use the phrase CLEC is a Reseller of Qwest Services" (the Authorized Phrase) in CLEC's printed materials provided: 10.The Authorized Phrase is not used in connection with any goods or services other than Qwest services resold by CLEC. 10.2 CLEC's use of the Authorized Phrase does not cause End User Customers to believe that CLEC is Qwest. 10.The Authorized Phrase, when displayed, appears only in text form (CLEC may not use the Qwest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of CLEC's name and in no event shall exceed 8 point size. 10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to Qwest for its prior written approval. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 10.If Owest determines that CLEC's use of the Authorized Phrase causes End User Customer confusion , Owest may immediately terminate CLEC's right to use the Authorized Phrase. 10.Upon termination of CLEC'right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and CLEC shall immediately cease any and all such use of the Authorized Phrase. CLEC shall either promptly return to Owest or destroy all materials in its possession or control displaying the Authorized Phrase. 10.Owest and CLEC each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Party will do anything inconsistent with the other ownership of their respective Marks , and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other. 10.Upon request, for all intellectual property owned or controlled by a third party and licensed to Owest associated with the Unbundled Network Elements provided by Owest under this Agreement, either on the Effective Date or at any time during the term of the Agreement Owest shall within ten (10) business days , unless there are extraordinary circumstances which case Owest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities or equipment associated with such intellectual property, (iii) the nature of the intellectual property, and (iv) the relevant agreements or licenses governing Owest's use of the intellectual property. Except to the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license within ten (10) business days of a request by CLEC , Owest shall provide copies of any relevant agreements or licenses governing Owest's use of the intellectual property to CLEC. To the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license , Owest shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited, and (ii) exercise best efforts to cause the vendor licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions under terms and conditions equivalent to those governing access by and disclosure to Owest. 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 July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 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 Owest transfers to any unaffiliated party exchanges including End User Customers that CLEC serves in whole or in part through facilities or services provided by Owest under this Agreement, the transferee shall be deemed a successor to Owest' responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer or until such later time as the Commission may direct pursuant to the Commission s then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Owest shall use its best efforts to facilitate discussions between CLEC and the transferee with respect to transferee s assumption of Owest's obligations pursuant to the terms of this Agreement. 12.Nothing in this section is intended to restrict CLEC'rights to opt into interconnection agreements under Section 252(i) of the Act and 47 C.R. 9 51.809. Default 13.If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall, nevertheless, be and remain in full force and effect. Disclaimer of Agency 14.Except for provisions herein expressly authorizing a Party to act for another nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied , against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual, or to assume any responsibility for the management of the other Party s business. 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. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 5 Terms and Conditions 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 (Hi) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as Proprietary Information ), shall remain the property of the disclosing Party. A Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary Information. Each Party shall have the right to correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirty (30) Days after the information is disclosed. The receiving Party shall from that time forward, treat such information as Proprietary Information. To the extent permitted by Applicable Law, either Party may disclose to the other proprietary or confidential customer, technical or business information. 16.Upon request by the disclosing Party, the receiving Party shall return all tangible copies of Proprietary Information , whether written , graphic or otherwise, except that the receiving Party may retain one copy for archival purposes. 16.Each Party shall keep all of the other Party s Proprietary Information confidential and will disclose it on a need to know basis only. Each Party shall use the other Party Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to , 47 U.C. ~ 222. In accordance with Section 222 of the Act, when either Party receives or obtains Proprietary Information from the other Party for purposes of providing any Telecommunications Services , that Party shall use such information only for such purpose , and shall not use such information for its own marketing efforts. Neither Party shall use the other Party s Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Party s employees to disciplinary action up to and including termination of employment. If either Party loses , or makes an unauthorized disclosure of, the other Party 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; or is or becomes publicly known through no wrongful act of the receiving Party; or is rightfully received from a third Person having no direct or indirect secrecy or July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30 , 2007 Section 5 Terms and Conditions confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee, agent, or contractor of the receiving Party which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; ore) is disclosed to a third Person by the disclosing Party without similar restrictions on such third Person s rights; or is approved for release by written authorization of the disclosing Party; or g) is required to be disclosed by the receiving Party pursuant to Applicable Law or regulation provided that the receiving Party shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 16.Nothing herein is intended to prohibit a Party from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLATA services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 16.Effective Date of this Section. Notwithstanding any other provision of this Agreement , the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 16.Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all other remedies available at law or in equity. 16.Nothing herein should be construed as limiting either Party s rights with respect to its own Proprietary Information or its obligations with respect to the other Party s Proprietary Information under Section 222 of the Act. 16.Forecasts provided by either Party to the other Party shall be deemed Confidential Information and the Parties may not distribute , disclose or reveal, in any form , this material other than as allowed and described in subsections 5.16.1 and 5.16. 16.The Parties may disclose, on a need to know basis only, CLEC individual forecasts and forecasting information disclosed by Qwest, to Qwest's legal personnel in July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 5 Terms and Conditions connection with their representation of Owest in any dispute regarding the quality or timeliness of the forecast as it relates to any reason for which CLEC provided it to Owest under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS and Collocation product managers , network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall retail marketing, sales or strategic planning have access to this forecasting information. The Parties will inform all of the aforementioned personnel with access to such Confidential Information, of its confidential nature and will require personnel to execute a nondisclosure agreement which states that, upon threat of termination , the aforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. Violations of these requirements shall subject the personnel to disciplinary action up to and including termination of employment. 16.Upon the specific order of the Commission , Owest may provide the forecast information that CLEC has made available to Owest under this Agreement, provided that Owest shall first initiate any procedures necessary protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Owest provides such notice as the Commission directs to CLEC involved , in order to allow it to prosecute such procedures to their completion. 16.The Parties shall maintain confidential forecasting information in secure files and locations such that access to the forecasts is limited to the personnel designated in subsection 5.16.1 above and such that no other personnel have computer access to such information. Survival 17.Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification, Confidential or Proprietary Information , limitations of liability, and any other provisions of this Agreement which , by their terms , are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. Dispute Resolution 18.The Parties will attempt in good faith to resolve through negotiation any dispute claim or controversy arising out of, or relating to , this Agreement. Either Party may give written notice to the other Party of any dispute not resolved in the normal course of business. Each Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice- president level employee or a representative with authority to make commitments to review meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations , format frequency, duration, and conclusions of these discussions will be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations will be treated as Confidential Information (Confidential Information) developed for purposes of settlement , and will be exempt from discovery and production , and not be admissible in any subsequent proceedings without the concurrence of both Parties. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 18.If the designated representatives have not reached a resolution of the dispute within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by the Parties), then either Party may commence a civil action or regulatory proceeding, as applicable. Unless the action falls within the exclusive jurisdiction of the Federal Communications Commission or the state Public Utilities Commission , any action will be brought in the United States District Court for the District of Colorado if it has subject matter jurisdiction over the action , and shall otherwise be brought in the Denver District Court for the State of Colorado. The Parties agree that such courts have personal jurisdiction over them. 18.Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 18.4 No cause of action , including disputes raised pursuant to Section 5.4.4 regardless of the form, arising out of or relating to this Agreement, may be brought by either Party more than two (2) years after the cause of action arises. Controlling Law 19.This Agreement is offered by Owest and accepted by CLEC in accordance with applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance with applicable federal law and the state law of Idaho. Responsibility for Environmental Contamination 20.Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers directors and employees from and against any losses , damages , claims, demands , suits liabilities , fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 20.In the event any suspect materials within Owest-owned, operated or leased facilities are identified to be asbestos containing, CLEG will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials , such GLEC activities will be in accordance with applicable local , state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by GLEG or equipment placement activities that result in the generation of asbestos-containing material GLEG does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Owest agrees to immediately notify GLEG if Owest undertakes any asbestos control or asbestos abatement activities that potentially could affect GLEC personnel , equipment or operations, including, but not limited to, contamination of equipment. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions 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 Owest and CLEC at the addresses shown below: Qwest Corporation Director Interconnection Agreements 1801 California , Room 2400 Denver, CO 80202 Email: intaqreeccv.qwestcom Phone: 303-965-3029 Fax: 303-896-7077 With COpy to: Owest Law Department Attention: Corporate Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 and to CLEC at the address shown below: Utility Telephone, Inc. Attention: Jason Mills, CEO 1121 Waterkloo Road Stockton , CA 95205 Email: imillsccv.util-tel.com Phone: (209) 940-1010 Fax: (209) 940-1030 With COpy to Glenn Stover Stover Law 584 Castro Street, #199 San Francisco , CA 94114-2594 Email: glenn~stoverlaw.net Phone: (415) 495-7000Fax: (415) 495-3632 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. July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 5 Terms and Conditions No Third Party Beneficiaries 23.The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement will not provide any Person not a Party to this Agreement with any remedy, claim , liability, reimbursement, claim of action , or other right in excess of those existing by reference in this Agreement. Intentionally Left Blank Publicity 25.Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party. Nothing in this section shall limit a Party s ability to issue public statements with respect to regulatory or judicial proceedings. Executed in Counterparts 26.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. Compliance 27.Each Party shall comply with all applicable federal, state , and local laws, rules and regulations applicable to its performance under this Agreement. Without limiting the foregoing, Owest and CLEC agree to keep and maintain in full force and effect all permits licenses, certificates, and other authorities needed to perform their respective obligations hereunder. 28 Compliance with the Communications Assistance Law Enforcement Act of 1994 28.Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party s sole cost and expense modify or replace any equipment, facilities or services provided to the other Party under this Agreement to ensure that such equipment, facilities and services fully comply with CALEA. Cooperation 29.The Parties agree that this Agreement involves the provision of Owest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance Provisioning and Billing and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 12 of this Agreement. July 12, 2007/lhd/Utility TelephoneliD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 5 Terms and Conditions Amendments 30.Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. 30.Intentionally Left Blank. 30.The provisions of this Agreement, including the provisions of this sentence, may not be amended , modified or supplemented, and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Agreement This Agreement (including the documents referred to herein and any amendments to the Agreement) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings agreements, or representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of this Agreement. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale Section 6.0 - RESALE Description Qwest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the terms and conditions of this Section. All Qwest retail Telecommunications Services are available for resale from Qwest pursuant to the Act and will include terms and conditions (except prices) in Qwest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list , or other retail Telecommunications Services offering and this Agreement , this Agreement shall be controlling. While this Section 6.0 of this Agreement addresses the provision of certain Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest, CLEC shall make its Telecommunications Services available to Qwest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996 , the FCC' relevant orders and rules , and the Commission s relevant orders and rules. Certain Qwest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. Terms and Conditions Qwest shall offer introductory training on procedures that CLEC must use to access Qwest's ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC' location to deliver training, CLEC will pay Qwest's reasonable travel related expenses. Qwest may also offer to CLEC other training at reasonable costs. Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Qwest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6. Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Qwest retail End User Customers , with no wholesale discount. Should Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period , then the initial and subsequent promotion(s) will be available to CLEC for resale with any applicable wholesale discount. Market trials of ninety (90) days or less are not available for resale. Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of End User Customers eligible to purchase these services from Qwest. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale If CLEC is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest will not collect TAP credits on an ETC's behalf. If CLEC is not an ETC and if CLEC wishes to resell TAP services CLEC shall certify pursuant to 47 C.R. ~ 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Qwest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwest's web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 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 CLEC seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements , Qwest shall provide CLEC the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. Grandfathered services are available for resale by CLEC to existing End User Customers of the grandfathered product or service. Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. Where a common block is applicable, a Centrex system defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 6 Resale private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans , feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (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 CLEC's location. A location is defined as the site where Owest facilities (cable plant from the serving Central Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Owest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room , which would be considered a single location for this multi- tenant building. Should Owest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare , river or railroad rights-of-way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Owest for its facilities. Where CLEC has Centrex station lines from multiple Central Office switching systems , within the same Owest Wire Center, and provisioned to the same location , CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example , station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Office as CLEC's 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 CLEC for its own use and not resold to End User Customers must be identified by CLEC as such, and CLEC will pay Owest retail prices for such services. Owest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Owest provides these services to itself, its subsidiaries , its Affiliates, other Resellers , and Owest's retail End User Customers. Owest shall also provide resold services to CLEC in accordance with the Commission s retail service quality requirements, if any. Owest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Owest's failure to provide service to CLEC , subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Owest as part of a performance assurance plan, and further subject to the following provisions: July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale Qwest shall provide service credits to CLEC 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 CLEC 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 CLEC. Qwest is not required to provide service credits for service failures that are the fault of CLEC; Intentionally Left Blank. Intentionally Left Blank.e) In no case shall Qwest's credits to CLEC exceed the amount Qwest would pay a Qwest End User Customer under the service quality requirements less any wholesale discount applicable to CLEC's resold services; andf) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. Fines and Penalties - Qwest shall be liable to pay to CLEC 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 CLEC 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 CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of CLEC; Intentionally Left Blank.d) In no case shall Qwest's fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan , less any wholesale discount applicable to CLEC's resold services; ande) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident.2.4 In the event that there are existing agreements between CLEC and Qwest for resale under Qwest retail Tariffs , catalogs, price lists , or other retail Telecommunications Services offerings , CLEC may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs, price lists , or other retail Telecommunications Services offerings, or CLEC may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale Intentionally Left Blank. The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. Owest will accept at no charge one (1) primary white pages Directory Listing for each main telephone number belonging to CLEC's End User Customer based on End User Customer information provided to Owest by CLEC. Owest will place CLEC's End User Customer s Listings in Owest's Directory Assistance Database and will include such Listings in Owest's Directory Assistance Service. Additional terms and conditions with respect to Directory Listings are described in the Ancillary Services Section and the Owest's Official Directory Publisher Section of this Agreement. Owest shall provide to CLEC, for CLEC's End User Customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be responsible for any failure of CLEC to provide accurate End User Customer information for listings in any databases in which Owest is required to retain and/or maintain such information. Owest shall provide CLEC's End User Customer information to the Automatic Location Identification/Database Management System (ALI/DMS). Owest shall use its standard process to update and maintain CLEC's End User Customer service information in the ALI/DMS used to support E911/911 services on the same schedule that it uses for its retail End User Customers. Owest assumes no liability for the accuracy of information provided by CLEC. If Owest provides and CLEC accepts Owest's Directory Assistance Service or operator services for CLEC's resold local Exchange Service lines , such Directory Assistance and operator services may be provided with branding as provided in this Agreement in Sections 10.5 for Directory Assistance Service , and 10.7 for operator services.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. CLEC and Owest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall disclaim any liability for GLEe's improper InterLATA and IntraLATA PIC change requests , and CLEC shall disclaim any liability for Owest's improper InterLA T A (when applicable) and IntraLA T A PIC change requests.11 When End User Customers switch from Owest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different Rate Center, such End User Customers shall be permitted to retain their current telephone numbers if they so desire and if such number retention is not prohibited by Applicable Laws or regulations for number administration and Local Number Portability (LNP).12 In the event Owest properly terminates the Provisioning of any resold services to CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to its End User Customers of the termination. In no case shall Owest be responsible for providing such notice to CLEC's End User Customers. Owest will provide notice to CLEC of Owest'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. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if CLEC requests that facilities be constructed or enhanced to provide resold services, Owest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Owest's retail Tariffs , catalogs, price lists or other retail Telecommunications Services offerings and Commission rules. Under such circumstances, Owest will develop and provide to CLEC a price quotation for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Owest retail End User Customers. If the quotation is accepted by CLEC, CLEC will be billed the quoted price and construction will commence after receipt of payment. Rates and Charges Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change , and any such changes shall apply from the effective date of such change on a going-forward basis only. The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Owest Tariffs, catalogs , price lists, or other retail Telecommunications Services offerings also apply.3.4 CLEC will pay to Owest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC End User Customer changes of Interexchange or IntraLA T A Carriers. Any change in CLEC's End User Customer s Interexchange or IntraLA T A Carrier must be requested by CLEC on behalf of its End User Customer, and Owest will not accept changes to CLEC's End User Customer s Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. CLEC agrees to pay Owest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e., continuous redial , last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges , Owest shall provide CLEC with sufficient information to enable CLEC to bill its End User Customers. Miscellaneous Charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous Charges apply for equivalent services ordered by Owest retail End User Customers, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Owest Tariffs , catalogs , price lists, or other retail Telecommunications Services offerings. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale 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 CLEC 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 CLEC's bill(s). If rates for services resold by CLEC under this Agreement change, based on changes in Qwest's Tariffs , catalogs, price lists or other retail Telecommunications Services offerings , charges billed to CLEC for such services will be based upon the new Tariff, catalogs price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount , if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in 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 CLEC's request for use by CLEC's 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. 6.4 Ordering Process 6.4.1 CLEC , or GLEe's agent , shall act as the single point of contact for its End User Customers' service needs , including without limitation, sales, service design , order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Billing, collection and inquiry. CLEC's End User Customers contacting Qwest in error will be instructed to contact CLEC; and Qwest's End User Customers contacting CLEC in error will be instructed to contact Qwest. In responding to calls , neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwest's End User Customers who call the other Party seeking such information. 6.4.CLEC shall transmit to Qwest all information necessary for the ordering (Billing, Directory Listing and other information), installation, repair, maintenance and post-installation servicing according to Qwest's standard procedures , as described in the Qwest Product Catalog (PCAT) available on Qwest's public web site located at http://www.qwest.com/whoiesale/pcat. Information shall be provided using Qwest's designated Local Service Request (LSR) format which may include the LSR , End User Customer and resale forms. 6.4.Qwest will use the same performance standards and criteria for installation Provisioning, maintenance, and repair of services provided to CLEC for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End User Customers. The installation , Provisioning, maintenance, and repair processes July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale for CLEC's resale service requests are detailed in the Access to OSS Section of this Agreement, and are applicable whether CLEC's resale service requests are submitted via Operational Support System or by facsimile. 6.4.4 CLEC is responsible for providing to Owest complete and accurate End User Customer Directory Listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancillary Services Section of this Agreement contains complete terms and conditions for Directory Listings for Directory Assistance Services , white pages directories, and E911/911 Emergency Services. 6.4.If Owest's retail End User Customer, or the End User Customer s New Service Provider orders the discontinuance of the End User Customer s existing Owest service in anticipation of the End User Customer moving to a New Service Provider, Owest will render its closing bill to the End User Customer, discontinuing Billing as of the date of the discontinuance of Owest'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, Owest will bill the Current Service Provider for service through the date the End User Customer receives resold service from the Current Service Provider. Owest will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon processes when an End User Customer moves from the Current Service Provider to a New Service Provider. Owest will not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.CLEC shall provide Owest and Owest shall provide CLEC with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both CLEC and Owest in the event special attention is required on a service request. 6.4.Prior to placing orders on behalf of the End User Customer, CLEC shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the POA Section of this Agreement. 6.4.Due Date intervals for CLEC's resale service requests are established when service requests are received by Owest through Operational Support Systems or by facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by Owest to itself, its Affiliates, its subsidiaries, other Resellers , and to Owest's retail End User Customers. Billing Owest shall bill CLEC and CLEC shall be responsible for all applicable charges for the resold services as provided herein. CLEC shall also be responsible for all Tariffed cataloged , price listed , and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that CLEC resells to an End User Customer under this Agreement. Owest shall provide CLEC, on a monthly basis , within seven (7) to ten (10) Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format as detailed in Section 12., Billing information including (1) a summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for CLEC review. July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 6 Resale Maintenance and Repair Qwest will maintain its facilities and equipment used to provide CLEC resold services. CLEC or its End User Customers may not rearrange, move , disconnect or attempt to repair Qwest's facilities or equipment , including facilities or equipment that may terminate or be located at CLEC's End User Customer s premises, other than by connection or disconnection to any interface between Qwest and the End User Customer s facilities, without the written consent of Qwest. Maintenance and Repair procedures are detailed in Section 12. Access to telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively. CLEC and Qwest will employ the procedures for handling misdirected repair calls as specified in Section 12.8 of this Agreement. Commingling of Resold Services with Unbundled Network Elements and Combinations of Unbundled Network Elements To the extent it is Technically Feasible and pursuant to the terms of Section 9. CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. Services are available for Commingling only in the manner in which they are provided in Qwest'applicable product Tariffs, catalogs , price lists, or other Telecommunications Services offerings. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Section 7.0 -INTERCONNECTION Interconnection Facility Options This Section describes the Interconnection of Owest's network and CLEC' network for the purpose of exchanging Exchange Service (EAS/Local traffic), Exchange Access (IntraLATA Toll) and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic. Owest will provide Interconnection at any Technically Feasible point within its network , including but not limited to, (i) the Line Side of a local Switch (i.e., local switching); (ii) the Trunk Side of a local Switch , (iii) the trunk connection points for a Tandem Switch , (iv) Central Office Cross Connection points, (v) out-of-band Signaling Transfer Points necessary to exchange traffic at these points and access call-related databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of these Interconnection points are described in Section 7. Interconnection" is as described in the Act and refers, in this Section of the Agreement, to the connection between networks for the purpose of transmission and routing of Telephone Exchange Service traffic and Exchange Access traffic at points (ii) and (iii) described above. Interconnection , which Owest currently names "Local Interconnection Service" (LIS), is provided for the purpose of connecting End Office Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for the exchange of Exchange Service (EAS/Local traffic); or End Office Switches to Access Tandem Switches for the exchange of Exchange Access (IntraLATA Toll) or Jointly Provided Switched Access traffic. Owest Tandem Switch to CLEC Tandem Switch connections will be provided where Technically Feasible. New or continued Owest local Tandem Switch to Owest Access Tandem Switch and Owest Access Tandem Switch to Owest Access Tandem Switch connections are not required where Owest can demonstrate that such connections present a risk of Switch exhaust and that Owest does not make similar use of its network to transport the local calls of its own or any Affiliate s End User Customers. Owest will provide to CLEC Interconnection at least equal in quality to that provided to itself, to any subsidiary, Affiliate, or any other party to which it provides Interconnection. Notwithstanding specific language in other sections of this Agreement all provisions of this Agreement regarding Interconnection are subject to this requirement. Owest will provide Interconnection under rates, terms and conditions that are just, reasonable and non-discriminatory. In addition , Owest shall comply with all state wholesale and retail service quality requirements. Methods of Interconnection The Parties will negotiate the facilities arrangement used to interconnect their respective networks. CLEC shall establish at least one (1) physical Point of Interconnection in Owest territory in each LATA CLEC has local End User Customers. The Parties shall establish through negotiations , at least one (1) of the following Interconnection arrangements , at any Technically Feasible point: (1) a DS1 or DS3 Owest-provided facility; (2) Collocation; (3) negotiated Mid-Span Meet POI facilities; or (4) other Technically Feasible methods of Interconnection via the Bona Fide Request (BFR) process unless a particular arrangement has been previously provided to a third party, or is offered by Owest as a product. 1 Owest-provided Facility. Interconnection may be accomplished through the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An Entrance Facility extends from the Owest Serving Wire Center to CLEC's Switch location or any July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Technically Feasible POI chosen by CLEC. Owest-provided Entrance Facilities may not extend beyond the area served by the Owest Serving Wire Center. The rates for Owest- provided Entrance Facilities are provided in Exhibit A. Owest's private line transport service is available as an alternative to Owest-provided Entrance Facilities, when CLEC uses such private line transport service for multiple services. Entrance Facilities may not be used for Interconnection with Unbundled Network Elements. Collocation. Interconnection may be accomplished through the Collocation arrangements offered by Owest. The terms and conditions under which Collocation will be available are described in Section 8 of this Agreement. 3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilities between one (1) Party s Switch and the other Party s Switch. The actual physical Point of Interface and facilities used will be subject to negotiations between the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POI. CLEC may not use remaining capability in an existing Mid-Span Meet POI to gain access to Unbundled Network Elements. These Mid-Span Meet pals will consist of facilities used for the Provisioning of one-way or two-way 10cal/lntraLATA and Jointly Provided Switched Access Interconnection trunks , as well as miscellaneous trunks such as Mass Calling Trunks , OS/DA, 911 and including any dedicated DS1 , DS3 transport trunk groups used to provision originating CLEC traffic. The Mid-Span Fiber Meet architecture requires each Party to own its equipment on its side of the Point of Interconnection (POI). CLECs may designate Mid-Span Fiber Meet as the target architecture, except in scenarios where it is not Technically Feasible or where the Parties disagree on midpoint location. In a Mid-Span Fiber Meet the Parties agree to establish technical interface specifications for Fiber Meet arrangements that permit the successful Interconnection and completion of traffic routed over the facilities that interconnect at the Fiber Meet. CLEC is responsible for providing at its location the Fiber Optic Terminal (FaT) equipment, multiplexing, and fiber required to terminate the optical signal provided by Owest. Owest is responsible for providing corresponding FOT(s), multiplexing, and fiber required to terminate the optical signal provided by CLEC. The Parties shall , wholly at their own expense, procure, install and maintain the FOT(s) in each of their locations where the Parties establish a Fiber Meet with capacity sufficient to provision and maintain all trunk groups. The Parties shall mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1 sand DS3s necessary for transport of forecasted local Interconnection trunking. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. 2.4 Intentionally Left Blank. Owest agrees to provide local Interconnection trunk diversity to the same extent it does so in Owest's local network. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Exchange of Traffic Description This Section 7.2 addresses the exchange of traffic between CLEC' network and Qwest's network. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective Tariffs or contractual offerings for such third party terminations. Unless otherwise agreed to by the Parties, via an amendment to this Agreement, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers. The traffic types to be exchanged under this Agreement include: EAS/local Exchange Service (EAS/Local) traffic as defined in this Agreement. IntraLATA Toll Exchange Access (IntraLATA Toll) traffic as defined in this Agreement. Jointly Provided Switched Access traffic is defined in Section 1. Jointly Provided Switched Access is associated with Meet-Point Billing.2.4 Transit traffic is any traffic that originates from one (1) Telecommunications Carrier s network, transits another Telecommunications Carrier s network, and terminates to yet another Telecommunications Carrier network. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. Transit service is provided by Qwest, as a local and Access Tandem Switch provider, to CLEC to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC, an existing LEC, or a wireless Carrier), which is connected to Qwest's local or Access Tandem Switches. To the extent that CLEC's Switch functions as a local or Access Tandem Switch , as defined in this Agreement , CLEC may also provide transit service to Qwest. Traffic having special Billing or trunking requirements includes but is not limited to , the following: Directory Assistance; 911/E911; Operator Busy Line Verify/Busy Line Interrupt; Toll Free Services; and ISP-bound traffic. July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 7 Interconnection Terms and Conditions Transport and Termination of Exchange Service (EAS/Local) Traffic Exchange Service (EAS/Local) traffic will be terminated as Local Interconnection Service (LIS). As negotiated between the Parties , the transport of Exchange Service (EAS/Local) traffic may occur in several ways: One-way or two-way trunk groups may established. However, if either Party elects to provision its own one-way trunks for delivery of Exchange Service (EAS/Local) traffic to be terminated on the other Party s network, the other Party must also provision its own one-way trunks to the extent that traffic volumes warrant. To the extent there is a dispute, Section 5.18 applies. CLEC may purchase transport services from Qwest or from a third party, including a third party that has leased the private line transport service facility from Qwest. Such transport provides a transmission path for the LIS trunk to deliver the originating Party Exchange Service EAS/Local traffic to the terminating Party s End Office Switch or Tandem Switch for call termination. Transport may be purchased from Qwest as Tandem Switch routed (i.e., tandem switching, tandem transmission and direct trunked transport) or direct routed (i.e. direct trunked transport). This Section is not intended to alter either Party s obligation under Section 251 (a) of the Act. When either Party utilizes the other Party s Tandem Switch for the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS) between the originating Party s End Office Switch delivered to the other Party Tandem Switch for delivery to one (1) of the other Party s End Office Switches the originating Party will order a direct trunk group to the other Party s End Office Switch. To the extent that CLEC has established a Collocation arrangement at a Qwest End Office Switch location, and has available capacity, CLEC may, at its sole option , provide two-way direct trunk facilities from that End Office Switch to CLEC's Switch.1.4 LIS ordered to a Tandem Switch will be provided as direct trunked transport between the Serving Wire Center of CLEC's POI and the Tandem Switch. Tandem transmission rates , as specified in Exhibit A of this Agreement, will apply to the transport provided from the Tandem Switch to Qwest's End Office Switch. If direct trunked transport is greater than fifty (50) miles in length , and existing facilities are not available in either Party s network, and the Parties have not been able to resolve the issue through mid-point arrangements, and the Parties cannot agree as to which Party will provide the facility, the Parties may bring the matter before the Commission for resolution on an Individual Case Basis. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Regardless of the number of Location Routing Numbers (LRNs) used by CLEC in a LATA, Owest will route traffic destined for CLEC's End User Customers via direct trunking where direct trunking has been established. In the event that direct trunking has not been established , such traffic shall be routed via a Owest Tandem Switch. Exchange Access (IntraLATA Toll) Traffic Exchange Access (IntraLATA Toll) traffic shall be delivered to Owest at the Access Tandem Switch or via separate trunks to Owest's End Office Switch(es), as designated by CLEC. Transit Traffic Owest will accept traffic originated by CLEC for termination to another CLEC , existing LEC, or wireless Carrier that is connected to Owest' local and/or Access Tandem Switch. Owest will also terminate traffic from these other Telecommunications Carriers to CLEC. For purposes of the Agreement transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. To the extent Technically Feasible , the Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP messages to facilitate full Interoperability and Billing functions. The originating company is responsible for payment appropriate rates to the transit company and to the terminating company. The Parties agree to enter into traffic exchange agreements with third party Telecommunications Carriers prior to delivering traffic to be transited to third party Telecommunications Carriers. In the event one Party originates traffic that transits the second Party s network to reach a third party Telecommunications Carrier with whom the originating Party does not have a traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunications Carrier, including any termination charges related to such traffic and any attorneys fees and expenses. In the case of Exchange Access (IntraLATA Toll) traffic where Owest is the designated IntraLATA Toll provider for existing LECs , Owest will be responsible for payment of appropriate usage rates.3.4 When Owest receives an unqueried call from CLEC to a telephone number that has been ported to another local services provider, the transit rate will apply.2.4 Jointly Provided Switched Access. The Parties will use industry standards developed to handle the Provisioning and Billing of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and state access Tariffs). Each Party will bill the IXC the appropriate portion of its Switched Access rates. Owest will also provide the one-time notification to CLEC of the billing name , billing address and Carrier identification codes of the IXCs subtending any Access Tandem Switches to which CLEC directly connects. This type of traffic is discussed separately in this Section. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 7 Interconnection Interface Code Availability. Supervisory signaling specifications , and the applicable network channel interface codes for LIS trunks can be found in the Owest Technical Publication for Local Interconnection Service 77398. Signaling Options SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling is available for LIS trunks. SS7 Out-of-Band Signaling must be requested on the order for new LIS trunks. Common Channel Signaling Access Capability Service may be obtained through the following options: (a) under Owest Intrastate Access Tariffs; (b) as defined in the Owest FCC Tariff # 1; or (c) from a third party signaling provider. Each of the Parties , Owest and CLEC , will provide for Interconnection of their signaling network for the mutual exchange of signaling information in accordance with the industry standards as described in Telcordia documents, including but not limited to GR-905 CORE , GR-954 CORE , GR-394 CORE and Owest Technical Publication 77342. Clear Channel Capability. Clear Channel Capability (64CCC) permits 24 OSO-64 Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 Out-of- Band Signaling. 64CCC must be requested on the order for new LIS trunks. Owest will provide CLEC with a listing of Owest Switches fully capable of routing 64CCC traffic through the Owest web site: http://www.qwestcom/disclosures. Where available to Owest, Owest will provide CLEC with the same 64CCC on an alternate route or if necessary via an overlay network. MF Signaling. Interconnection trunks with MF signaling may be ordered by CLEC if the Owest Central Office Switch does not have SS7 capability or if the Owest Central Office Switch does not have SS7 diverse routing. Measurement of terminating Local Interconnection Service (LIS) minutes begins when the terminating LIS entry Switch receives answer supervision from the called End User Customer s End Office Switch indicating the called End User Customer has answered. The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry Switch receives disconnect supervision from either the called End User Customer s End Office Switch , indicating the called End User Customer has disconnected , or CLEC's Point of Interconnection , whichever is recognized first by the entry Switch. This is commonly referred to as "conversation time." The Parties will only charge for actual minutes of use and/or fractions thereof of completed calls. Minutes use are aggregated at the end of the Billing cycle by End Office Switch and rounded to the nearest whole minute. LIS Forecasting Both CLEC and Owest shall work in good faith to define a mutually agreed upon forecast of LIS trunking. Both Parties shall have the obligation to participate in joint planning meetings at semi-annual intervals to establish trunk design and Provisioning requirements. The Parties agree to provide mutual trunk forecast July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection information to ensure End User Customer call completion between the Parties networks. Such forecasts shall be for LIS trunking that impacts the Switch capacity and facilities of each Party. Qwest shall provide trunk group specific projections to CLEC on or before the date of the joint planning meeting. Switch capacity growth requiring the addition of new switching modules may require six (6) months to order and install. To align with the timeframe needed to provide for the requested facilities, including engineering, ordering, installation and make ready activities , for capacity growth , Qwest will utilize CLEC's semi-annual forecasts and near-term demand submitted on Unforecast Demand Notification Forms to ensure availability of Switch capacity.8.4 The forecast will identify trunking requirements for a two (2) year period. From the semi-annual close date as outlined in the forecast cycle, the receiving Party will have one (1) month to determine network needs and place vendor orders which may require a six (6) month interval to complete the network build. Seven (7) months after submission of the forecast, Qwest will have the necessary capacity in place to meet orders against the forecast. For ordering information see Section 7.4. See also Section 7. Both Parties will follow the forecasting and Provisioning requirements of this Agreement for the appropriate sizing of trunks, and use of direct End Office Switch versus Tandem Switch routing. See Section 7.3. LIS Forecasting Deposits: In the event of a dispute regarding forecast quantities, where in each of the preceding eighteen (18) months , the amount of trunks-required is less than fifty percent (50%) of trunks-in-service Qwest will make capacity available in accordance with the lower forecast. Three (3) weeks after a forecasting cycle, Qwest will provide CLEC feedback in the form of a potentially lower forecast. In the event of a dispute regarding forecast quantities , where in each of the preceding eighteen (18) months, trunks-required is less than fifty percent (50%) of trunks in service each month, Qwest will make capacity available in accordance with the higher forecast if CLEC provides Qwest with a deposit according to the following terms. As to the difference between the lower and higher forecast, Qwest reserves the right to require, prior to construction, a refundable deposit of up to one hundred percent (100%) of the trunk-group specific estimated cost to provision the new trunks , if CLEC's trunk state-wide average utilization over the prior eighteen (18) months is less than fifty percent (50%) of trunks in service each month. Qwest will return the deposit if CLEC's state-wide average trunks in service to trunk usage (utilization) ratio exceeds fifty percent (50%) within six (6) months of the forecasting period to which the deposit applies. If CLEC does not achieve the fifty percent (50%) utilization within six (6) months, Qwest will retain a pro-rata portion of the deposit to cover its capital cost of Provisioning. The pro-rata shall assume a full refund when the state-wide average utilization ratio meets or exceeds fifty percent (50%) for one (1) of the six (6) months following receipt of deposit. The pro-rata assumes one-half (1/2) of the deposit is refunded when the highest state-wide average utilization ratio for anyone of the six July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection (6) months after receipt of deposit is twenty-five percent (25%). In the event Qwest does not have available facilities to provision Interconnection trunking orders that CLEC forecasted and for which CLEC provided a deposit, Qwest will immediately refund a pro rata portion of the deposit associated with its facility shortfall. Ancillary trunk groups , such as mass calling, are excluded from the ratio. Where there is a reasonably reliable basis for doing , Qwest shall include in the trunks-required calculation any usage by others, including but not limited to Qwest itself, of facilities for which CLEC has made deposit payments. Qwest shall not be required to credit such usage more than once in all the trunks-required calculations it must make for all CLECs in the relevant period. Joint planning meetings will be used to bring clarity to the process. Each Party will provide adequate information associated with the Qwest LIS Trunk Forecast Forms in addition to its forecasts. During the joint planning meetings , both Parties shall provide information on major network projects anticipated for the following year that may impact the other Party forecast or Interconnection requirements. No later than two (2) weeks prior to the joint planning meetings , the Parties shall exchange information to facilitate the planning process. Qwest shall provide CLEC a report reflecting then current spare capacity at each Qwest Switch that may impact the Interconnection traffic. Qwest shall also provide a report reflecting then current blocking of local direct and alternate final trunk groups, Interconnection and non-Interconnection alike. CLEC will be provided Interconnection trunk group data on its own trunks. Qwest shall also provide a report reflecting Tandem Switch routed Interconnection trunking that has exceeded 512BHCCS. The information is Proprietary, provided under non-disclosure and is to be used solely for Interconnection network planning. In addition to the above information, CLEC shall provide: Completed Qwest LIS Trunk Forecast Forms; and Any planned use of an alternate Tandem Switch provider. In addition to the above information , the following informationwill be available through the Local Exchange Routing Guide or the Interconnections (ICONN) Database. The LERG is available through Telcordia. ICONN is available through the Qwest web site. Qwest Tandem Switches and Qwest End Office Switches (LERG); CLLI codes (LERG); Business/Residence line counts (ICONN); Switch type (LERG or ICONN); and Current and planned Switch generics (ICONN). July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Owest will notify CLEC six (6) months prior to LERG amendment, the anticipation of a new local Tandem Switch.10 Owest network disclosure of deployment information for specific technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on Owest's web site, http://www.qwest.com/disclosures.11 When appropriate, Owest will notify CLEC through the Owest Trunk Group Servicing Request (TGSR) process of the need to take action and place orders in accordance with the forecasted trunk requirements. CLEC shall respond to the TGSR within ten (10) business days of receipt. The following terms shall apply to the forecasting process: 12.CLEC forecasts may be provided to Owest detailed in Owest's Trunk Forecast Form; 12.CLEC forecasts provided to Owest, information provided by CLEC to Owest outside of the normal forecasting process to modify the forecast, and forecasting information disclosed by Owest to CLEC shall be deemed Confidential Information and the Parties may not distribute , disclose or reveal , in any form, this material other than allowed and described in subsections 5.16.1 and 5.16.13 If a trunk group is consistently utilized (trunks-required over trunks-in-service) at less than fifty percent (50%) of rated busy-hour capacity each month of any consecutive three (3) month period , Owest will notify CLEC of Owest's desire to resize the trunk group. Such notification shall include Owest's information on current utilization levels. If CLEC does not submit an ASR to resize the trunk group or provide Owest with its reasons for maintaining excess capacity within thirty (30) Days of the written notification, Owest may reclaim the unused facilities and rearrange the trunk group. When reclamation does occur Owest shall not leave the GLEe-assigned trunk group with less than twenty-five percent (25%) excess capacity. Ancillary trunk groups are excluded from this treatment. Intentionally Left Blank.15 Each Party shall provide a specified point of contact for planning, forecasting and trunk servicing purposes.16 Interconnection facilities provided on a route that involves extraordinary circumstances may be subject to the Construction Charges, as detailed in Section 19 of this Agreement. When Owest claims extraordinary circumstances exist, it must apply to the Commission for approval of such charges by showing that CLEC alone is the sole cause of such construction. Owest shall initiate such proceeding within ten (10) Days of notifying CLEC in writing that it will not construct the requested facilities, or within ten (10) Days of notice from CLEC in writing that Owest must either commence construction of the facilities or initiate such proceeding with the Commission. In this proceeding, Owest shall not object to using the most expeditious procedure available under July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection state law, rule or regulation. Qwest shall be relieved of its obligation of constructing such facilities during the pendency of the proceeding before the Commission. If the Commission approves such charges, Qwest and CLEC will share costs in proportion to each Party s use of the overall capacity of the route involved. Qwest and CLEC may also choose to work in good faith to identify and locate alternative routes that can be used to accommodate CLEC forecastedbuild. Extraordinary circumstances include, but are not limited to, natural obstructions such as lakes , rivers, or steep terrain , and legal obstructions such as governmental , federal , Native American or private rights of way. The standard Qwest forecast period of six (6) months may not apply under these circumstances. Construction Charges shall not apply in the event that construction is an augment of an existing route. Trunking Requirements The Parties will provide designed Interconnection facilities that meet the same technical criteria and service standards, such as probability of blocking in peak hours and transmission standards , in accordance with current industry standards, state requirements and standards provided for in the ROC and incorporated herein by reference. Qwest shall provide monthly reports to CLEC on all Interconnection trunk groups and quarterly reports on all interoffice trunk groups carrying EAS/Local traffic between Qwest Tandem Switches and Qwest End Office Switches. The reports will contain busy hour traffic data , including but not limited to , overflow and the number of trunks in each trunk group. Intentionally Left Blank. Separate trunk groups may be established based on Billing, signaling, and network requirements. The following is the current list of traffic types that require separate trunk groups, unless specifically otherwise stated in this Agreement.a) Directory Assistance trunks (where the Switch type requires separation from operator services trunks); 911/E911 trunks;c) Operator services trunks (where the Switch type requires separation from Directory Assistance trunks); Mass calling trunks, if applicable. Exchange Service (EAS/Local), ISP-Bound Traffic Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Access (InterLATA and IntraLATA Toll involving a third party IXC) may be combined in a single LIS trunk group or transmitted on separate LIS trunk groups. If traffic is combined , Section 7.9 of this Agreement applies. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 7 Interconnection Exchange Service (EAS/Local) traffic shall not be combined with Switched Access, not including Jointly Provided Switched Access, on the same trunk group, i.e. EAS/Local may not be combined with FGD to a Qwest Access Tandem Switch and/or End Office Switch.9.4 Trunk group connections will be made at a DS1 or multiple DS1 level for exchange of EAS/Local , and IntraLATA Toll/Jointly Provided Switched Access traffic. Directory Assistance , 911 /E911 , operator Busy Line Interrupt and Busy Line Verify; and Toll Free Service trunk groups may be made below a DS1 level, as negotiated. The Parties will provide Common Channel Signaling (CCS) to one another in conjunction with all trunk circuits, except as provided below.a) The Parties will provision all trunking using SS7/CCS capabilities. Exceptions to this arrangement would be limited to operator services trunking, Directory Assistance trunking, 911 trunking and any others currently available in the Qwest network only on MF signaling. Qwest will not require a Bona Fide Request to accomplish Interconnection with a Qwest Central Office Switch not currently equipped for SS7 and where MF signaling is used. When the SS7/CCS option becomes available in the Qwest network for said trunking, the Parties will provision new trunks using SS7. In addition , the Parties will jointly work to convert existing trunking to SS7 , as appropriate. b) When the Parties interconnect via CCS for Jointly Provided Switched Access Service , the Tandem Switch provider will provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. CLEC may interconnect at either the Qwest local Tandem Switch or the Qwest Access Tandem Switch for the delivery of local exchange traffic. When CLEC is interconnected at the Access Tandem Switch and where there would be a DS1's worth of local traffic (512 BHCCS) between CLEC' Switch and those Qwest End Office Switches subtending a Qwest local Tandem Switch , CLEC will order a direct trunk group to the Qwest local Tandem Switch. Qwest will allow Interconnection for the exchange of local traffic at Qwest's Access Tandem Switch without requiring Interconnection at the local Tandem Switch , at least in those circumstances when traffic volumes do not justify direct connection to the local Tandem Switch; and regardless of whether capacity at the Access Tandem Switch is exhausted or forecasted to exhaust. To the extent Qwest is using a specific End Office Switch to deliver limited Tandem Switch functionality to itself, a wireless service provider another CLEC , or another ILEC, it will arrange the same trunking for CLEC. Alternate Traffic Routing. If CLEC has a LIS arrangement which provides two (2) paths to a Qwest End Office Switch (one (1) route via a Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate traffic July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection routing. CLEC traffic will be offered first to the direct trunk group (also referred to as the "primary high" route) and then overflow to the Tandem Switch group (also referred to as the "alternate final" route) for completion to Qwest End Office Switches. 9 Host-Remote. When a Qwest Wire Center is served by a remote End Office Switch, CLEC may deliver traffic to the host Central Office or to the Tandem Switch. CLEC may deliver traffic directly to the remote End Office Switch only to the extent Qwest has arranged similar trunking for itself or others. For remote Switches that currently lack direct trunking capability, Qwest will accept Bona Fide Requests for Trunk Side access. Testing 10.Acceptance Testing. At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters. 10.Testing Capabilities 10.2.LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), milliwatt (102 type), nonsynchronous or synchronous automatic transmission measuring (105 type), data transmission (107 type), loop-around, short circuit, open circuit, and non-inverting digital loop-back (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 10.In addition to LIS acceptance testing, other tests are available (e., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing). Charges for such testing are identified in Section 7. 10.Repair Testing. At the time of repair of a LIS trunk group, at no additional charge, tests will be performed to ensure that the service is operational and meets the applicable technical parameters.11 Mileage Measurement. Where required , the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. Reciprocal Compensation Interconnection Facility Options The Reciprocal Compensation provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate charges pursuant to its respective tariff or price lists. Where either Party interconnects and July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers. Entrance Facilities Recurring and nonrecurring rates for Entrance Facilities are specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by LIS. If CLEC chooses to use an existing facility purchased as private line transport service from the Qwest state or FCC access Tariffs , the rates from those Tariffs will apply. Intentionally Left Blank. If the Parties elect to establish LIS two-way trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way facilities shall be shared among the Parties by reducing the LIS two-way Entrance Facility (EF) rate element charges as follows: The provider of the LIS two-way Entrance Facility (EF) will initially share the cost of the LIS two-way EF by assuming an initial relative use factor (RUF) of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not exchanged LIS traffic previously. The nominal charge to the other Party for the use of the EF , as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one (1) quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor based upon actual minutes of use data for non-ISP-bound traffic to substantiate a change in that factor. If CLEC's End User Customers are assigned NPA-NXXs associated with a rate center different from the rate center where the End User Customers are physically located , traffic that does not originate and terminate within the same Qwest Local Calling Area, regardless of the called and calling NPA-NXXs involving those End User Customers, is referred to as "VNXX traffic.For purposes of determining the relative use factor, the terminating carrier is responsible for ISP-bound traffic and for VNXX traffic. If either Party demonstrates with traffic data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party will send a notice to the other Party. The new factor will be calculated based upon Exhibit H. Once the Parties finalize a new factor, bill reductions and payments will apply going forward from the date the original notice was sent. ISP-bound traffic or traffic delivered to Enhanced Service providers is interstate in nature. Qwest has never agre~d to exchange VNXX traffic with CLEC. Collocation See Section 8. July 12 , 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection Direct Trunked Transport Party. Either Party may elect to purchase direct trunked transport from the other Direct trunked transport (DTT) is available between the Serving Wire Center of the POI and the terminating Party s Tandem Switch or End Office Switches. The applicable rates are described in Exhibit A. DTT facilities are provided as dedicated DS3, DS1 or DSO facilities. When DTT is provided to a local or Access Tandem Switch for Exchange Service (EAS/Local) traffic, or to an Access Tandem Switch for Exchange Access (lntraLATA Toll), or Jointly Provided Switched Access traffic the applicable DTT rate elements apply between the Serving Wire Center and the Tandem Switch. Additional rate elements for delivery of traffic to the terminating End Office Switch are tandem switching and tandem transmission. These rates are described below. Mileage shall be measured for DTT based on V&H coordinates between the Serving Wire Center and the local/Access Tandem Switch or End Office Switch.1.4 Fixed Charges per DSO , DS1 or DS3 and per mile charges are defined for DTT in Exhibit A of this Agreement. If the Parties elect to establish LIS two-way DTT trunks, for reciprocal exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT facilities shall be shared among the Parties by reducing the LIS two-way DTT rate element charges as follows: The provider of the LIS two-way DTT facility will initially share the cost of the LIS two-way DTT facility by assuming an initial relative use factor of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not exchanged LIS traffic previously. The nominal charge to the other Party for the use of the DTT facility, as described in Exhibit A, shall be reduced by this initial relative use factor. Payments by the other Party will be according to this initial relative use factor for a minimum of one (1) quarter. The initial relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non-ISP-bound traffic to substantiate a change in that factor. If CLEC's End User Customers are assigned NPA-NXXs associated with a rate center other than the rate center where the End User Customers are physically located , traffic that does not originate and terminate within the same Owest Local Calling Area , regardless ofthe called and calling NPA-NXXs involving those End User Customers, is referred to as "VNXX traffic." For purposes of determining the relative use factor the terminating carrier is responsible for ISP-bound traffic and for VNXX traffic. If either Party demonstrates with traffic data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party will send a notice to the other Party. The new factor will be calculated based upon Exhibit H. Once the Parties finalize a new factor, bill reductions and payments will apply going forward from the date the original notice was sent. ISP-bound traffic is interstate July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection in nature. Qwest has never agreed to exchange VNXX traffic with GLEG. Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available at rates described in Exhibit A. Trunk Nonrecurring charges Installation nonrecurring charges may be assessed by the provider for each LIS trunk ordered. Qwest rates are specified in Exhibit Nonrecurring charges for rearrangement may be assessed by the provider for each LIS trunk rearrangement ordered , at one-half (1/2) the rates specified in Exhibit A. 3.4 Exchange Service (EAS/Local) Traffic 3.4.End Office Switch Gall Termination 3.4.The per-minute-of-use call termination rates as described Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or GLEG End Office Switch. 3.4.For purposes of call termination GLEG Switch(es) shall be treated as End Office Switch(es) unless GLEG's Switch(es) meet the definition of a Tandem Switch in this Agreement in the Definitions Section. 3.4.Intentionally Left Blank. 3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party network. 3.4.Tandem Switched Transport 3.4.For traffic delivered through a Qwest or GLEG Tandem Switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the End Office Switch call termination rate described above. 3.4.Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the Tandem Switch and terminating End Office Switch. 3.4.When a Party terminates traffic to a remote Switch, tandem transmission rates will be applied for the V&H mileage between the host Switch and the remote Switch when the identity of each is filed in the NEGA 4 Tariff. 3.4.2.4 When Qwest receives an unqueried call from CLEG to a number that has been ported to another Switch within the EAS/Local Calling Area , and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the End Office Switch to which the call has July 12, 200711hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection been ported. 3.4.2.4.To determine the responsible originating Carrier of unqueried calls for purposes of identification of the Carrier to bill LNP query charges , Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database , or another database that is supported by OBF. 3.4.Intentionally Left Blank. 3.4.4 CLEC may choose one (1) of the following two (2) options for the exchange of traffic subject to Section 251 (b )(5) of the Act ("Section 251 (b )(5) Traffic (see Exhibit J): 3.4.4.The rates applicable to Section 251(b)(5) Traffic between Qwest and CLEC shall be the same as the rates established for ISP-bound traffic pursuant to Section 7.6. Such rate for ISP-bound traffic will apply to Section 251(b)(5) Traffic in lieu of End Office Switch Call Termination rates, and Tandem Switched Transport rates. 3.4.4.The compensation rate for Section 251(b)(5) Traffic shall be as established by the Commission. The Parties shall cooperate in establishing a process by which Section 251 (b )(5) Traffic and ISP-bound traffic will be identified in order to compensate one another at the appropriate rates and in a prompt manner (see Section 7.6). 3.4.The Parties will not pay reciprocal compensation on traffic, including ISP- bound traffic, when the traffic does not originate and terminate within the same Qwest Local Calling Area, regardless of the calling and called NPA-NXXs and , specifically, regardless whether an End User Customer is assigned an NPA-NXX associated with a rate center that is different from the rate center where the End User Customer is physically located (also known as "VNXX traffic ). Qwest's agreement to the terms in this paragraph is without waiver or prejudice to Qwest's position is that it has never agreed to exchange VNXX traffic with CLEC. Miscellaneous Charges Miscellaneous Charges apply for the following miscellaneous services when provided with LIS trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document that provides the amount of each Miscellaneous Charge. Cancellation charges apply to cancelled LIS trunk orders based upon critical dates, terms and conditions in accordance with the Access Service Tariff Section 3 and trunk nonrecurring charges referenced in this Agreement. Expedite requests for LIS trunk orders are available. Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. Expedite charges apply per order for every day that the Due Date interval is shortened , based on the standard interval in the SIG or based on ICB criteria for Due Dates. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection CLEC will request an expedite for LIS trunks, including an expedited Due Date , on the Access Service Request (ASR). The request for expedite will be approved only when the request meets the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog at Qwest's wholesale web site. Additional testing, including cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non- scheduled testing, is available for LIS trunks. ISP-Bound Traffic Subject to the terms of this Section, intercarrier compensation for ISP- bound traffic exchanged between Qwest and CLEC will be billed pursuant to rates in Exhibit A, without limitation as to the number of minutes of use (MOU) or whether the MOU are generated in "new markets" as that term has been defined by the FCC. Identification of ISP-Bound Traffic - Qwest will presume traffic delivered to CLEC that exceeds a 3: 1 ratio of terminating (Qwest to CLEC) to originating (CLEC to Qwest) traffic is ISP-bound traffic. Either Party may rebut this presumption demonstrating the factual ratio to the Commission. Traffic exchanged that is not ISP- bound traffic will be considered to be Section 251 (b )(5) traffic. The provisions in this Section apply regardless how the ISP-bound traffic is determined. Intentionally Left Blank. Intentionally Left Blank. 6.2.Intentionally Left Blank. Intentionally Left Blank. Transit Traffic The following rates will apply: Local Transit: A per-minute-of-use rate will be charged to the originating Party, as contained in Exhibit A. IntraLATA Toll Transit: A per-minute-of-use rate will be charged to the originating Party, as contained in Exhibit A. Jointly Provided Switched Access: The applicable Switched Access rates will be billed by the Parties to the IXC based on MECAB guidelines and each Party respective FCC and state access Tariffs.7.4 Category 11 mechanized record charge , per record, for records provided to the terminating Party, as contained in Exhibit A. Signaling Parameters: Qwest and CLEC are required to provide each other the proper signaling information (e., originating Calling Party Number and destination called party July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection number, etc.) per 47 C.R. 9 64.1601 to enable each Party to issue bills in a complete and timely fashion. All CCS signaling parameters will be provided including Calling Party Number (CPN), Originating Line Information Parameter (OLlP) on calls to axx telephone numbers calling party category, Charge Number, etc. All privacy indicators will be honored. If either Party fails to provide CPN (valid originating information), and cannot substantiate technical restrictions (Le., MF signaling) such traffic will be billed as Switched Access. Traffic sent to the other Party without CPN (valid originating information) will be handled in the following manner. The transit provider will be responsible for only its portion of this traffic, which will not exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and Exchange Access (IntraLATA Toll) traffic delivered to the other Party. The Switch owner will provide to the other Party, upon request, information to demonstrate that Party s portion of no-CPN traffic does not exceed five percent (5%) of the total traffic delivered. The Parties will coordinate and exchange data as necessary to determine the cause of the CPN failure and to assist its correction. To the extent a Party combines Exchange Service (EAS/Local), Exchange Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly Provided Switched Access (InterLATA and IntraLATA calls exchanged with a third party IXC) traffic on a single LIS trunk group, the originating Party, at the terminating Party s request will declare quarterly PLU(s). Such PLUs will be verifiable with either call summary records utilizing Calling Party Number information for jurisdictionalization or call detail samples. The terminating Party should apportion per minute of use (MOU) charges appropriately. Ordering 7.4.When ordering LIS , the ordering Party shall specify requirements on the Access Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (Le. direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned at an End Office Switch or local Tandem Switch; and 4) any optional features. When the ordering Party requests facilities, routing, or optional features different than those determined to be available, the Parties will work cooperatively in determining an acceptable configuration based on available facilities , equipment and routing plans. 7.4.For each NXX Code assigned to CLEC by the NANPA, CLEC will provide Qwest with the CLLI codes of the Qwest Tandem Switches and CLEC's Point of Interface to which traffic associated with the NXX will be routed. For NXX Codes assigned to existing LIS trunk groups, CLEC will also provide Qwest with the Qwest assigned two-six code (TGSN) to which each NXX will be routed. Information that is not currently available in the LERG may be provided via the NPA NXX Code Request Routing Form available on the Qwest web site: http://www.qwest.com/wholesale/notices/npa nxxProcess. html. Either Party shall respond to a special request for a NPA NXX Code Request Routing Form when a single Switch is served by multiple trunk groups. 7.4.When either Party has ordered a DS3 Entrance Facility or private line facility, that Party will order the appropriate DS1 facility required and identify the channels of the DS3 to be used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered a DS1 Entrance Facility or private line facility, that Party will be responsible for identification of the DSO channels of the DS1 private line to be used to provide CFA. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 7 Interconnection 7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will result in agreement and commitment that both Parties can implement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide their best estimate of the traffic distribution to each End Office Switch subtending the Tandem Switch. 7.4.Intentionally Left Blank. 7.4.Service intervals and Due Dates for initial establishment of trunking arrangements at each new Switch location of Interconnection between the Parties will be determined on an Individual Case Basis. 7.4.Qwest will establish intervals for the provision of LIS trunks that conform to the performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any changes to the LIS trunk intervals consistent with the Change Management Process (CMP) applicable to the PCA T. Operational processes within Qwest work centers are discussed as part of the CMP. Qwest agrees that CLEC shall not be held to the requirements of the PCA 7.4.The ordering Party may cancel an order at any time prior to notification that service is available. If the ordering Party is unable to accept service within thirty (30) Days after the Service Date, the provider has the following options:a) The order will be canceled; cancellation charges as noted in 7.1 apply unless mutually agreed to by the Parties; Intentionally Left Blank. Billing for the service will commence. In such instances, the cancellation date or the date Billing is to commence, depending on which option is selected , will be the 31st Day beyond the Service Date. Jointly Provided Switched Access Services Jointly Provided Switched Access Service is defined and governed by the FCC and state access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines , and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. Qwest will agree to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical Reference SR-TAP-000984). Qwest will provide the operational , technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does not fully comply with MECOD requirements, including filing CLEC's End Office Switches and billed percentages (BPs) in the NECA 4 Tariff. Qwest and CLEC will each render a separate bill to the IXC, using the multiple bill , multiple tariff option. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection5.4 A charge will apply for Category 11-01-XX Access Services records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and axx database queries. The charge for each Billable Record created and transmitted is listed in Exhibit A of this Agreement. Transit Records Qwest and CLEC will exchange wireline network usage data originated by a wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits Qwest's network , and terminates to CLEC's network. Each Party agrees to provide to the other this wireline network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing the wireline LEC. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information , operating company number, and state jurisdiction. Qwest and CLEC agree to exchange wireline network usage data as Category 11-01-XX. Qwest and CLEC will exchange wireless network usage data originated by a Wireless Service Provider (WSP) where the NXX resides in a WSP Switch , transits Qwest' network, and terminates to CLEC's network. Each Party agrees to provide to the other this wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing the WSP. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes , but is not limited to: service center information , operating company number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage data as Category 11-01-XX. A charge will apply for Category 11-01-XX transit records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the originating Carrier for transit when Technically Feasible. The charge for each Billable Record created and transmitted is listed in Exhibit A of this Agreement. Local Interconnection Data Exchange for Billing There are certain types of calls or types of Interconnection that require exchange of Billing records between the Parties, including, for example , alternate billed and Toll Free Service calls. The Parties agree that all call types must be routed between the networks accounted for, and settled among the Parties. Certain calls will be handled via the Parties respective operator service platforms. The Parties agree to utilize, where possible and appropriate, existing accounting and settlement systems to bill, exchange records and settle revenue. The exchange of Billing records for alternate billed calls (e., calling card , bill-to- third-number and collect) will be distributed through the existing CMOS processes, unless otherwise separately agreed to by the Parties. 3 Inter-Company Settlements (ICS) revenues will be settled through the Calling Card and Third Number Settlement System (CATS). Each Party will provide for its own July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 7 Interconnection arrangements for participation in the CATS processes, through direct participation or a hosting arrangement with a direct participant. 7.4 Non-ICS revenue is defined as IntraLATA collect calls , calling card calls , and billed to third number calls which originate on one (1) service provider s network and are billed by another service provider located within the same Qwest geographic specific region. The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate arrangement is necessary since existing CATS processes do not permit the use of CATS for non-ICS revenue. The Parties agree that current message distribution processes including the CMOS system or Qwest in-region facilities, can be used to transport the call records for this traffic. 7.7.Both Parties will provide the appropriate call records to the IntraLATA Toll Free Service provider, thus permitting the service provider to bill its End User Customers for the inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover (NOM) will be made without the mutual agreement of the Parties. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Section 8.0 - COLLOCATION Description Collocation allows for the placing of equipment by CLEC at Qwest's Premises where Technically Feasible, that is necessary for accessing Unbundled Network Elements (UNEs), ancillary services or Interconnection. Collocation includes the leasing to CLEC of physical space in Qwest Premises , as well as the resources necessary for the operation and economical use of collocated equipment, such as the use by CLEC of power; heating, ventilation and air conditioning (HV AC); and cabling in Qwest's Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing and combining Unbundled Network Elements and accessing ancillary services. There are currently nine (9) standard types of Collocation available pursuant to this Agreement - Virtual Caged Physical, Shared Caged Physical , Cageless Physical, Interconnection Distribution Frame, Adjacent, Common Area Splitter Remote and Facility Connected. Other types of Collocation may be requested through the BFR process. Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install , repair, and maintain in Qwest's Premises. CLEC does not have physical access to its virtually collocated equipment in the Qwest Premises. Caged Physical Collocation -- allows CLEC to lease caged floor space for placement of its equipment within Qwest's Premises for the purpose of interconnecting with Qwest Finished Services or accessing Unbundled Network Elements. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within the cage. Cageless Physical Collocation -- is a non-caged area within a QwestPremises. In Wire Centers, space will be made available in single frame bay increments. In Wire Centers, the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become available , Qwest will reduce the minimum square footage accordingly. Space will be provided utilizing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within CLEC's leased Collocation space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Agreement or an approved Interconnection Agreement, and another CLEC pursuant to the terms of its Interconnection Agreement, may share use of that space, in accordance to terms and conditions of a sublease agreement between the two (2) CLECs. Shared Collocation may also be established through joint Application by CLECs in which Qwest will have a separate Billing relationship with each applicant and will look to each collocating CLEC for payment of its proportionate share of the charges relating to the Collocation space. Qwest will prorate the charge for site conditioning and preparation undertaken by Qwest to construct the Shared Collocation cage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation collocating CLEC (and billed directly to each such CLEC) based on the percentage of the total space utilized by that CLEC as per the Collocation Application. Qwest shall not place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting CLEC's ability to contract with other CLECs to share CLEC's Collocation cage in a sublease-type arrangement. In addition if two (2) or more CLECs who have Interconnection Agreements with Qwest utilize a Shared Collocation arrangement Qwest shall permit each CLEC to order UNEs to and provision service from that Shared Collocation space, regardless of which CLEC was the original collocator, directly from Qwest. Qwest shall make Shared Collocation space available in single-bay increments or their equivalent. Interconnection Distribution Frame (ICDF) Collocation -- is offered for the purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished Services , including Local Interconnection Trunks , and ancillary services. Under ICDF Collocation, CLEC need not collocate equipment in the Qwest Wire Center. With ICDF Collocation, CLEC will have access to the Qwest Wire Center and an ICDF to combine UNEs, Finished Services, and ancillary services. The ICDF connects through tie cables to various points within the Wire Center (e., MDF, COSMICTM or DSX, etc.) providing CLEC with access to UNEs and ancillary services. The ICDF is a distribution frame shared by multiple providers. If CLEC desires a dedicated distribution frame for the purpose of facilitating CLEC's combination of UNEs and ancillary services, CLEC may do so through the placement of a GLEe-owned Cross Connection device collocated in the Qwest Wire Center through either Caged or Cageless Physical Collocation. Adjacent Collocation - is available in those instances where space is legitimately exhausted in a particular Qwest Premises to accommodate Physical Collocation. Qwest shall make space available in adjacent controlled environmental vaults, controlled environmental huts , or similar structures to the extent Technically Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent structure on property owned , leased or otherwise controlled by Qwest, subject only to applicable OSHA, EPA, federal , state, and local safety and maintenance requirements. Such adjacent structure shall be in accordance with Qwest's design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Qwest' approval , which approval may not be unreasonably withheld or delayed. Qwest must provide power and physical Collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical Collocation arrangement. Qwest must permit CLEC to place its own equipment, including, but not limited to, copper cables, coaxial cables , fiber cables, and Telecommunications Equipment, in adjacent facilities constructed by Qwest, by CLEC itself, or a third party. Common Area Splitter Collocation - Allows CLEC to place Splitters in a common space area outside its Collocation space near CLEC's DSO termination points. Qwest will install Splitter shelves for shared use by CLECs. Remote Collocation - allows CLEC to collocate equipment in or adjacent to a Qwest Remote Premises. The terms for Remote Collocation are set forth more fully in Section 8.7 and 8.4. Field Connection Point (FCP)/Cross-Connect Collocation July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Application Form is required to designate Cross Connections in a Subloop environment when the Collocation takes place in the detached terminal location. This application can be found under the Applications and APOT forms table in Qwest's Collocation Product Catalog on Qwest's web site. A nonrecurring charge will be developed on an Individual Case Basis (ICB) and consists of the costs to establish or augment the FCP or MTE. If the accessible terminal must be expanded to accommodate CLEC's request, an additional nonrecurring charge will apply as part of the ICB charge. This type of access and Cross Connection is not Collocation. Provisions concerning Subloop access and intervals are contained in Section 9. Facility Connected (FC) Collocation -- Facility Connected (FC) Collocation allows CLEC to access Unbundled Network Elements (UNEs), ancillary services and Finished Services within a Qwest Wire Center via an Entrance Facility without collocating physical equipment in the Wire Center. FC Collocation is provided on a termination block or termination panel within the designated Wire Center and is engineered , provisioned , maintained , and repaired by Qwest. Terms and Conditions Terms and Conditions - All Collocation Qwest shall provide Collocation on rates, terms and conditions that are just, reasonable and nondiscriminatory. In addition , Qwest shall provide Collocation in accordance with all applicable federal and state laws. In accordance with the FCC rules regarding combinations of Unbundled Network Elements and Commingling of facilities and services which are addressed in Sections 9.1 and 9., Qwest will not combine or Commingle services or Network Elements that are offered by Qwest pursuant to Section 271 of the Communications Act of 1934 , as amended , with Unbundled Network Elements or combinations of Unbundled Network Elements. Services available for Commingling shall be provided by Qwest pursuant to Qwest's applicable product Tariffs catalogs, price lists, or other Telecommunications Services offerings. Entrance Facilities and mid-span meet SPOI obtained pursuant to Section 7 of this Agreement are not available for Commingling. Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements. Digital Subscriber Line Access Multiplexers (DSLAMS) always meet this legal standard. Asynchronous Transfer Mode (A TM) or Packet Switching also meets this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Advanced Services such as xDSL. Equipment used predominantly to support DSLAMs and A TMs , such as routers July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation and concentrators, as well as testing and network management equipment also meet this legal standard. Before any equipment that includes switching functionality is installed , CLEC must provide a written inventory to Owest of all switching equipment and how it will be used for Interconnection or access to Unbundled Network Elements. Once CLEC establishes that it will use a certain type of equipment for Interconnection or access to Unbundled Network Elements Owest will allow future Collocations of similar equipment without requesting a written justification unless and until Owest can establish to the state Commission that such equipment is not intended for Interconnection or access to Unbundled Network Elements. However, Owest will complete the Collocation within the appropriate interval unless granted relief by the Commission. Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing local Exchange Service.2.4 Except as provided for in Sections 8.1 through 8. above, CLEC may not collocate equipment that is not necessary for Interconnection or access to Unbundled Network Elements. CLEC must identify what transmission and Cross Connection equipment will be installed and the vendor technical specifications of such equipment so that Owest may verify the appropriate power, floor loading, heat release, environmental particulate level , HVAC, and tie cables to GLEe-provided Cross Connection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and ancillary services. The Demarcation Point for Unbundled Network Elements and ancillary services is that physical point where Owest shall terminate its Unbundled Network Elements and ancillary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancillary services may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation Points for its access to UNEs and ancillary services. One available Demarcation Point is at GLEe-provided Cross Connection equipment in CLEC'Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC and Owest. To the extent CLEC selects a Demarcation Point outside of its collocated space , CLEC shall provide and Owest shall install the tie cables from CLEC's collocated equipment to the Demarcation Point. Alternatively, Owest shall provide and install these tie cables, at CLEC's expense. Owest will provide a connection between Unbundled Network Elements and ancillary services and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). The Demarcation Point shall be:a) at GLEe-provided Cross Connection equipment located in CLEC' Virtual or Physical Collocation space; orb) if CLEC elects to use ICDF Collocation , at the Interconnection Distribution Frame (ICDF); or if CLEC elects to use an ICDF in association with Virtual or Physical July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Collocation , at the ICDF; ord) at a direct connection point of termination as described in Section 11.2; or at another Demarcation Point mutually-agreed to by the Parties. CLEC may purchase Owest's finished Private Line or Switched Access Services via applicable Tariff terms and conditions. These services will be terminated at the Demarcation Point. For Caged and Cage less Physical Collocation and Virtual Collocation CLEC must lease space for the placement of CLEC's equipment within Owest's Premises. Owest will provide the structure that is necessary in support of Collocation including physical space, a cage (for Caged Physical Collocation), required cabling between equipment and other associated hardware. All equipment shall meet and be installed in accordance with Network Equipment Building System (NEBS) Level 1 safety standards. Owest shall provide standard Premises alarming pursuant to Owest Technical Publication 77385. Owest shall not impose safety or engineering requirements on CLEC that are more stringent than the safety or engineering requirements Owest imposes on its own equipment located on its Premises. Space Availability Report -- Upon request by CLEC , Owest will submit to CLEC within ten (10) Days of CLEC's request, a report for each requested Premises that includes: available Collocation space in a particular Owest Premises; number of collocators; any modifications in the use of the space since the last report;d) measures that Owest is taking to make additional space available for Collocation; whether sufficient power is available to meet the specific CLEC request; number of CLECs in queue at the Premises , if any; whether the Wire Center is equipped with DS3 capability; andh) the number and description of Owest and its Affiliates and reservations of space by all CLECs. A Space Availability Report Charge in Exhibit A will apply to each Space Availability Report requested by CLEC and shall apply on per Premises basis. 8.2.Inventory Report - Remote Premises. The locations of the Remote Premises (e., Feeder Distribution Interfaces , " FDI") and the End User July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Customer addresses served by each Remote Premises are available to CLEC through the Raw Loop Data Tool. Remote Premises with digital loop carrier and pair gain equipment will be provided on the web site in the ICONN database. (ICONN is available through the Qwest web site located at http://www.qwest.com/iconn.If CLEC is unable to determine the information it seeks regarding the Remote Premises after using such database tools , Qwest will provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material , unless the database information is inaccurate or unusable for the Remote Premises then no charge would apply. Qwest will provide CLEC access to relevant plats , maps engineering records and other data in accordance with Section 10.2.4. addition, CLEC can request a copy of Qwest's distribution area map associated with the Remote Premises, with a charge for time and material.10 Collocation is offered on a first-come , first-served basis. Requests for Collocation may be denied due to the legitimate lack of sufficient space in a Qwest Premises for placement of CLEC's equipment. If Qwest determines that the amount of space requested by CLEC for Caged Physical Collocation is not available , but a lesser amount of space is available , that lesser amount of space will be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cage less Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collocation request is not availabledue to lack of sufficient space, and CLEC did not specify an alternative form of Collocation on the original order form , CLEC will be required to submit a new order for CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate choices for Collocation on its original Collocation request, Qwest will determine the feasibility of the next preferred option in the event CLEC's first choice is not available. To the extent possible , Qwest shall make contiguous space available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available Qwest will engineer a route for CLEC to provide facilities between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities, Qwest shall take into account projected demand for Collocation of equipment. 10.Space Denial Queue - Qwest will maintain a list of denied Collocation requests , in order of the date of receipt (Space Denial Queue), for each Premises where Qwest has exhausted Collocation space. A separate queue will be maintained for each Premises. When space becomes available in a Premises in which a queue has developed , Qwest will inform CLECs in the queue that space for Collocation has become available. If there is insufficient space to accommodate all of the CLECs in queue, Qwest shall notify CLECs of the availability of space in accordance with the CLEC's position in the queue. CLEC must respond within ten (10) Days of receipt of notification from Qwest with a new Collocation Application. If CLEC does not provide a Collocation Application within ten (10) Days of receipt of notification, or if CLEC responds that it no longer requires the Collocation space , CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. the space made available to CLEC in the queue is not sufficient to meet such CLEC's needs , such CLEC may deny the space that becomes available and keep its position in the queue. July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 11 If Qwest denies a request for Collocation in a Qwest Premises due to space limitations , Qwest shall allow CLEC representatives to tour the entire Premises escorted by Qwest personnel within ten (10) Days of CLEC's receipt of the denial of space, or a mutually agreed upon date. Qwest will review the detailed floor plans for the Premises with CLEC during the tour, including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the tour of the Premises, Qwest and CLEC disagree about whether space limitations at the Premises make Collocation impractical , Qwest and CLEC may present their arguments to the Commission. addition , if after the fact it is determined that Qwest has incorrectly identified the space limitations , Qwest will honor the original Collocation Application date for determining RFS unless both Parties agree to a revised date.12 Qwest shall submit to the Commission, subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Qwest claims that Physical Collocation is not practical because of space limitations.13 Qwest will maintain a publicly available document, posted for viewing on the Internet, (www.qwestcom/whoiesale/notices/colio/spaceavail.html), indicating all Premises that are full , and will update this document within ten (10) Days of the date at which a Premises runs out of physical space and will update the document within ten (10) Days of the date that space becomes available. In addition, the publicly available document shall include, based on information Qwest develops through the Space Availability Report process , the Reservation Process, or the Feasibility Study Process: Number of CLECs in queue at the Premises, if any; Premises that have not been equipped with DS3 capability;c) Estimated date for completion of power equipment additions that will lift the restriction of Collocation at the Premises; andd) Address of the Remote Premises that have been inventoried for Remote Collocation , and if the Remote Premises cannot accommodate Collocation. Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10) Day period, all Wire Centers that are full , whether or not there has been a Space Availability Report requested by any CLEC. Reclamation and Reconditioning of Space 14.Reclamation of Space -- Reclamation of space is performed by Qwest removing unused, obsolete Qwest equipment to make space for equipment use. The cost of removal of the obsolete unused equipment shall be borne by Qwest 14.If CLEC issues a forecast or reservation for Collocation , Qwest shall use its best judgment to determine whether it would be appropriate to reclaim space and or equipment to meet expected Collocation requirements. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 14.Reconditioning of Space -- Reconditioning of space is the remodeling of space for equipment use, such as, but not limited to, adding HV AC. The Collocation feasibility study will identify whether reconditioning of space is available and necessary to meet CLEC needs for Collocation. If requested by CLEC, Qwest will assess the cost of such reconditioning, provide a quotation to CLEC for the costs, and upon Acceptance of quotation by CLEC perform the necessary work to recondition the space. For reconditioned space CLEC is responsible for prorated charges based on the amount of space requested.15 Cancellation of Collocation Request. CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a Collocation Cancellation Application. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. Collocation Cancellation is available for all Collocations under a particular billing authorization number (BAN) for which CLEC has not received notification of completion from Qwest. Cancellation is offered for all types of Collocation. A cancellation will only occur upon request by CLEC. 15.CLEC may submit a Collocation Cancellation Application if the Collocation job is in progress. Upon receipt of a completion notice for the specific Collocation job, the Collocation can no longer be cancelled. Qwest will provide acknowledgment of acceptance or rejection of the Collocation Cancellation Application within one (1) business day of receipt. Qwest will stop work on a Collocation in progress upon receipt and acceptance of a Collocation Cancellation Application. A request for cancellation is irrevocable once Qwest has accepted the Collocation Cancellation Application. 15.In the event there is a Common Area Splitter Collocation or CLEC has requested a direct CLEC-to-CLEC connection arrangement with the same BAN as the Collocation job to be canceled , the associated Common Area Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled. 15.Qwest will not charge for canceling the Collocation job except for work already completed as of acceptance by Qwest of the Collocation Cancellation Application. Charges will be based on when Qwest receives the Collocation Cancellation Application and the completion status of the Collocation work. A quotation will be issued within thirty (30) Days of Qwest's acceptance of the Collocation Cancellation Application. 15.4 Additional Labor - Other. This charge is for additional labor not included in the quotation described in 8.15. This additional labor may include testing and labor activities completed to accommodate a specific customer request.16 Qwest may retain a limited amount of floor space for its own specific future uses, provided , however, that neither Qwest nor any of its Affiliates may reserve space for future use on terms more favorable than those that apply to CLEC' reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any space held for future use before denying a request for Virtual Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation at that point is not Technically Feasible. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 17 In addition to the requirements of Section 8.8, all Collocation installation and structures shall meet applicable earthquake safety rating requirements comparable to and to the same extent that Owest installations and structures meet earthquake rating requirements as contained in the Network Equipment Building System (NEBS) - BR GR-63-CORE document. A list of Owest Premises and the applicable related earthquake ratings is available for review on the Owest web site at: http://www.qwest.com/wholesale/pcaUcollocation.html.18 Owest will review the security requirements, issue keys, ID cards and explain the access control processes to CLEC. The access control process includes but is not limited to the requirement that all CLEC approved personnel are subject to trespass violations if they are found outside of designated and approved areas or if they provide access to unauthorized individuals. Likewise , Owest personnel are subject to trespass violations if they are found to be wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 18.Owest will take all reasonable measures to insure that CLEC equipment collocated in Owest Premises is afforded physical security at Parity with Owest's similarly situated equipment. Should an event occur within a Owest Premises that suggests vandalism or other tampering with CLEC's equipment Owest will , at CLEC's request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigation as requested by Owest. Owest will keep CLEC apprised of the progress of any investigation , and report any conclusions in a timely manner.19 Owest shall provide access to CLEC's collocated equipment and existing eyewash stations , bathrooms, and drinking water within the Premises on a twenty-four (24) hours per day, seven (7) days per week basis for CLEC personnel and its designated agents. Such access shall be permitted without requiring either a security escort of any kind or delaying CLEC's employee s entry into Owest Premises. Owest shall provide CLEC with access to other basic facilities , including parking, where available on a first-come , first-served basis.20 CLEC shall be restricted to corridors, stairways , and elevators that provide direct access to CLEC's space , or to the nearest restroom facility from CLEC' designated space, and such direct access will be outlined during CLEC's orientation meeting. Access shall not be permitted to any other portion of the building.21 Nothing herein shall be construed to limit CLEC's ability to obtain more than one form of Collocation (i.e., Virtual, Caged , Shared and Cage less Physical Collocation or ICDF Collocation) in a single Premises, provided space is available.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by a Collocation Decommission or a Collocation Transfer of Responsibility. A Collocation site is only eligible for Collocation Decommission or a Collocation Transfer of Responsibility after the site is built-out and accepted by CLEC. Abandoned equipment shall be handled as detailed in Section 22. 22.Collocation Decommission. Collocation Decommission refers to the deactivation of a Collocation site occupied by CLEC and removal of CLEC July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation equipment. Collocation Decommission is offered for all types of Collocation. A request for decommissioning is irrevocable once Owest accepts the Collocation Decommission Application. 22.Prior to submitting a Collocation Decommission Application, all GLEe's financial obligations with respect to the Collocation site to be decommissioned must be current, with the exception of formally disputed charges. CLEC financial obligations include payment of one hundred percent (100%) of all nonrecurring quoted charges and all applicable monthly recurring charges that are more than thirty (30) Days past due. 22.CLEC must disconnect all services, including any administrative services , from the Collocation site to be decommissioned prior to submitting the Collocation Decommission Application. All of CLEC's administrative lines and End User Customer services need to be disconnected via the appropriate Access Service Request (ASR) or Local Service Request (LSR). If CLEC has not disconnected all services, all charges with respect to the Collocation site will continue to accrue and the Collocation Decommission Application will be rejected. 22.Prior to disconnecting its services, including direct CLEC-to-CLEC connections, CLEC must notify, in writing,all of its current End User Customers affected by the discontinuation of service. CLEC must submit an email notification with the Collocation Decommission Application representing to Owest that all CLEC End User Customers have been properly notified. For direct CLEC-to-CLEC connection arrangements, CLEC should submit a letter of authorization (LOA) signed by both CLECs involved in the direct CLEC-to-CLEC connection arrangement. Failure to include such email notification or LOA will result in the rejection of the Collocation Decommission Application. 22.CLEC should remove its equipment prior to submitting a Collocation Decommission Application. Equipment includes all CLEC owned electronic equipment, equipment racks, mounting hardware, and CLEC supplied cable (including direct CLEC-to-CLEC cables), termination blocks and cage materials. If CLEC does not remove its equipment within thirty (30) Days of Owest's acceptance of the Collocation Decommission Application, Owest will send a notification stating the equipment is considered abandoned. Upon receiving notification of abandonment from Owest , CLEC will have fifteen (15) Days to notify Owest that the equipment is not abandoned and remove its equipment. If CLEC does not respond to the notification and remove the equipment and Owest determines that the equipment has been abandoned , Owest will send a final notification and bill CLEC for any and all claims , expenses , fees or other costs associated with the removal by Owest of the abandoned equipment, including any materials used in the removal and the hourly labor rate charges. CLEC will hold Owest harmless from the failure to return any such equipment, property or other July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation items. 22.1.4 Qwest will remove all Collocation entrance facilities. For shared Collocation entrance facilities , Qwest will cut all fiber and/or copper Collocation entrance facilities at the splice point in the Collocation Point of Interconnection (C-POI). For express Collocation entrance facilities, Qwest will remove and dispose of the Collocation entrance fiber. 22.For Virtual Collocation , Qwest will automatically remove all equipment within ninety (90) Days. Qwest will negotiate with CLEC to schedule the pick up of the equipment. There will be no charge for the removal of CLEC's Virtual Collocation equipment. 22.For Collocations with direct CLEC-to-CLEC connection arrangements, CLEC is required to disconnect and removethe direct CLEC-to-CLEC connections. Qwest prefers that CLEC disconnect and remove the direct CLEC-to-CLEC connection cables prior to submitting the Collocation Decommission Application. If CLEC is not able to disconnect and remove the cables prior to submitting the Collocation Decommission Application , CLEC will be allowed thirty (30) Days from Qwest's acceptance date of the Collocation Decommission Application to disconnect and remove the direct CLEC-to-CLEC connection cables. If CLEC has not removed the direct CLEC-to-CLEC connections , it will be treated as abandoned equipment. 22.CLEC will be eligible for a refund for all elements defined as either reusable or reimbursable, if acquired by another CLEC during the following defined time period. An inventory will be completed by Qwest and furnished to CLEC within ninety (90) Days of the Collocation Decommission Application acceptance identifying the reimbursable and reusable elements and the potential credit. 22.Reimbursable elements considered for a refund are: DSO , DS1 , and DS3 termination cabling, and fiber terminations, excluding Collocation entrance facility cabling. These elements will be eligible for a refund for up to one (1) year after the date of decommissioning. 22.Reusable elements include components used to provision the original Collocation site (e., cage, bays HVAC, cable racking). These elements will be eligible for a refund for up to three (3) years after the date of decommissioning. 22.CLEC is required to return the space to turnover condition. Turnover condition is defined as the same condition in which CLEC originally assumed the Collocation site. CLEC must relinquish security access if not currently leasing another Collocation site in the same Wire Center when verification of equipment removal is completed. Security access will be terminated within thirty (30) Days of receipt of an accepted Collocation Decommission Application, unless alternative arrangements have been agreed to by Qwest. July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 22.Ordering - CLEC should submit a Collocation Decommission Application form. Qwest will notify CLEC within one (1) business day if the prerequisites have been met. Qwest will validate the order within two (2) business days from receipt of the Collocation Decommission Application. Qwest will provide an inventory of the eligible reimbursable and reusable elements and the potential credits within ninety (90) Days of the Collocation Decommission Application acceptance. 22.10 Billing - Qwest will not charge for decommissioning Collocations unless equipment has been abandoned or the Collocation space has not been returned to turnover condition. Charges for work related to the removal of abandoned equipment or returning the Collocation space to turnover condition include miscellaneous hourly labor charges and if applicable, dispatch charges will apply for unmanned Central Offices and Remote Collocations. 22.Collocation Transfer of Responsibility. Collocation Transfer of Responsibility is the transfer of a Collocation site from vacating CLEC (current CLEC leasing the space in the Premises) to an assuming CLEC. Collocation Transfer of Responsibility is available for Caged Physical Collocation, Cageless Physical Collocation, and Virtual Collocation. All other types of Collocation to be transferred will be handled on an Individual Case Basis (ICB). There are two (2) types of Collocation Transfer of Responsibility: 1) Collocation Transfer of Responsibility Without Working Circuits - The Collocation is not serving any End User Customers and does not have active service terminations (e. Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility With Working Circuits - The Collocation has active service terminations , such as Interconnection trunks or is serving End User Customers. 22.Generally, Collocation Transfer of Responsibility is not available if another CLEC or Qwest are waiting in queue for available space within the requested Premises; however, if assuming CLEC acquires all or substantially all of the Collocation sites of vacating CLEC in Qwest Premises in the state, such transfers shall not be subject to any queue for available space. In addition , regardless of any space requests that may be pending in a Qwest Premises, Collocation Transfer of Responsibility shall be available when vacating CLEC and assuming CLEC are affiliated corporate entities prior to or immediately after the proposed transfer, or the transfer is due to a bankruptcy court order. vacating CLEC has filed for bankruptcy, assuming CLEC must comply with Applicable Law in obtaining the transfer of the Collocation site. 22.Both vacating CLEC'and assuming CLEC' Interconnection Agreements with Qwest must contain finalized terms and conditions for Collocation Transfer of Responsibility and all associated services. Assuming CLEC is required to have an Interconnection Agreement with Qwest prior to submitting a Collocation Transfer of Responsibility request. Assuming CLEC will need to amend any previously existing Interconnection Agreement prior to submitting a Collocation Transfer of Responsibility request if its Interconnection July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Agreement does not contain the terms and conditions and rate elements for all services that will be transferred. 22.Collocation Transfer of Responsibility with working circuits is available if only administrative changes are required and the transfer does not involve translations work that needs to be processed in conjunction with the transfer. If translations work is needed, CLEC' transfer plans shall allow for the completion of the Collocation Transfer of Responsibility prior to initiating any translation activity. 22.2.4 A request for Collocation Transfer of Responsibility is irrevocable upon one hundred percent (100%) payment by assuming CLEC of the nonrecurring Collocation transfer charges reflected on the quotation. 22.The Collocation site to be transferred is identified by vacating CLEC's eleven (11) character CLLlTM code. The Collocation site will be transferred "as is" and in its entirety. This includes, but is not limited to , Collocation entrance facilities from the Collocation - Point of Interface (C-POI) manhole, cables, Splitters, and working circuits , if applicable. If the Collocation site has a Common Area Splitter Collocation associated with it, the Common Area Splitter Collocation will be transferred as part of the Collocation Transfer of Responsibility. 22.The transfer of equipment between vacating CLEC and assuming CLEC will be the responsibility of vacating CLEC and assuming CLEC. Owest is not responsible for the physical condition of vacating CLEC's equipment, with the exception of equipment associatedwith a Virtual Collocation, as set forth in CLECs' Interconnection Agreements. The negotiation of the transfer terms and conditions between vacating CLEC and assuming CLEC is the responsibility of those two parties. Owest will not participate in these negotiations. Owest will only manage the database and records transfer. 22.Assuming CLEC will provide the information Owest will need to update the following items: Customer Name , Access Carrier Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC address , phone number, billing and contact information, and contract number. The Collocation eleven (11) character CLEC CLLlTM code will remain the same. 22.Submission of new connect, change , and disconnect orders will be restricted from quotation Acceptance until the transfer of the working circuits is complete. If new connect, change , and disconnect orders need to be submitted between quotation Acceptance and the completion of the transfer, they will be handled on an 1GB and may affect the Ready for Service (RFS) date. Submission of Collocation augment orders will not be allowed from the time that the Collocation Transfer of Responsibility Application has been accepted by Owest until assuming CLEC has accepted the quotation for the Collocation Transfer of Responsibility. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 22.All work in progress related to the Collocation site and associated working circuits , if applicable , must either be completed or cancelled by vacating CLEC prior to the quotation Acceptance. 22.10 If vacating CLEC does not lease another Physical Collocation site at the specified Central Office at the time of the Collocation Transfer of Responsibility request, then vacating CLEC must relinquish security access to the building. 22.11 Vacating CLEC's financial obligations to Owest with respect to the Collocation site to be transferred must be met, with the exception of formally disputed charges, prior to submitting a Collocation Transfer of Responsibility Application. Vacating CLEC'financial obligations include payment of one hundred percent (100%) of all nonrecurring charges and all applicable recurring charges for the specific Collocation account that are more than thirty (30) Days past due. Vacating CLEC may meet its financial obligations by having them expressly assumed , in writing, by assuming CLEC and assuming CLEC pays such obligations at the time it accepts the quotation for Collocation Transfer of Responsibility. 22.12 Assuming CLEC'financial obligations to Owest must be in good standing prior to submitting a Collocation Transfer of Responsibility Application, with the exception of formally disputed charges. 22.13 Vacating CLEC and assuming CLEC must provide a signed Transfer Authorization Agreement. Required information on the Owest Transfer Authorization Agreement: Owest Central Office Name applicable CLLlTM codes, Collocation BAN numbers , and charges (from Exhibit A) for the transfer of the Collocation site. 22.14 Prior to submitting a Collocation Transfer of Responsibility Application without working circuits, vacating CLEC mustensure that no active circuits exist at the Collocation site to transferred. 22.15 Prior to transferring a Collocation site with working circuits , vacating CLEC must notify, in writing, all of its current End User Customers that utilize the Collocation site s equipment or facilities of the transfer of service to assuming CLEC, unless vacating CLEC has a waiver from the FCC or other applicable regulatory authority. Vacating CLEC must provide an email notification to Owest with the Collocation Transfer of Responsibility Application representing that all of its End User Customers have been properly notified or provide a copy of any applicable waiver. 22.16 If the Collocation site being transferred has a direct CLEC-to-CLEC connection arrangement, a letter of authorization (LOA) must be submitted with the Collocation Transfer of Responsibility Application , signed by both CLECs in the direct CLEC-to-CLEC July 12 , 2007/lhc;:1/Utility Telephone/IO Agreement Number COS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation arrangement authorizing the transfer of the direct CLEC-to-CLEC connection service to assuming CLEC. A separate LOA is required for each direct CLEC-to-CLEC relationship associated with the transferring Collocation site. Each LOA shall identify the CLECs, CLLI codes , and BANs for their respective Collocations. 22.17 Vacating CLEC and/or assuming CLEC will be responsible for submitting Local Service Requests (LSRs) for Unbundled Loops, enhanced extended Loops (EELs), and line splitting. Assuming CLEC may submit LSRs mice it has accepted the quotation for the Collocation Transfer of Responsibility and has received the preliminary APOT information from Owest. Orders to transfer Local Interconnection Service (LIS) trunks and ancillary services (e., 557 , 911 , operator services) with no translation activity, as well as private line and Access Services circuits, will be processed based on the information provided inthe Collocation Transfer of Responsibility Application spreadsheet. Assuming CLEC is responsible for Directory Assistance (DA), operator services (OS), Directory Listings , Busy Line Verify/Busy Line Interrupt (BLV/BLI), and 911 changes, if applicable. Any 557 changes will need to be made after the transfer is complete. 22.18 After the Collocation Transfer of Responsibility is complete, vacating CLEC, assuming CLEC , and Owest are all required to sign the Owest Services Transfer Agreement. 22.19 Billing. Vacating CLEC will not incur charges for the transfer of the Collocation site. Vacating CLEC is obligated to pay all recurring charges associated with the Collocation until Owest completes the Collocation Transfer of Responsibility request. Assuming CLEC' quotation will reflect the following nonrecurring charges associated with the transfer of the Collocation site: Assessment Fee, payable regardless of whether the quotation is accepted or not, a Network Systems Administration Fee, and charges for processing the transfer of working circuits, if applicable. Upon completion of the Collocation Transfer of Responsibility, Owest will begin Billing assuming CLEC for all recurring charges based on assuming CLEC'Interconnection Agreement and cease Billing vacating CLEC. 22.Abandoned Equipment. If Owest finds , in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, Owest shall notify CLEC in writing, via an electronic form , of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If Owest has not received any response to this notice within thirty (30) Days of the sending of the notice , Owest shall send a copy of the notice to CLEC via registered mail. If prior to the termination of the sixty (60) Day period , CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises CLEC shall provide written notice to Owest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 18 of this Agreement. If no Resolution Request has been delivered to Owest July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to Qwest and may be appropriated, sold , stored , destroyed and/or otherwise disposed of by Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with Qwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request , all equipment or property of CLEC not removed from the Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded , and assigned by CLEC to Qwest and may be appropriated, sold , stored , destroyed and/or otherwise disposed of by Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend indemnify, and hold harmless Qwest from and against any and all costs expenses, claims, judgments, damages, liability or obligation arising out of or in connection with Qwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application , the provisions of Section 8.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.22.1 of this Agreement.23 Qwest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous Collocation space. The most efficient route generally will be over existing cable racking, to the extent Technically Feasible, but to determine the most efficient route and cable racking, Qwest shall consider all information provided by CLEC in the Collocation Application form , including but not limited to , distance limitations of the facilities CLEC intends to use for the connection. CLEC shall have access to the designated route and construct such connection , using copper , coax, optical fiber facilities , or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax , copper cable , or any other Technically Feasible connecting facilities outside of the actual physical Collocation space , subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF , if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User Customer s premises , and may interconnect CLEC's own collocated space and/or equipment (e., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application under Section 8.4 , or separately from a Collocation Application in accordance with Section 8.4. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: 23.CLEC-to-CLEC Cross Connections at the ICDF. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation 23.1 CLEC-to-CLEC Cross Connection (COCC-X) defined as CLEC'capability to order a Cross Connection from its Collocation in a Owest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Owest Premises at the ICDF. 23.Owest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLEC's Connecting Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross Connections must terminate on the same ICDF at the same service rate level. 23.If CLEC has its own dedicated ICDF CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through the existing Collocation Application form. 23.1.4 CLEC is responsible for the end-to-end service design that uses ICDF Cross Connection to ensure that the resulting service meets its End User Customer s needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. 23.If two (2) CLECs are involved , one (1) CLEC acts as the "ordering" CLEC. The ordering CLEC identifies both connection CFAs on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms. Owest must not reproduce copies for its Customers, as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI).24 Owest will provide CLEC the same connection to the network as Owest uses for provision of services to Owest End User Customers. The direct connection to Owest's network is provided to CLEC through a direct connection to Owest's existing Cross Connection network. CLEC and Owest will share the same distributing frames for similar types and speeds of equipment, where Technically Feasible and space permitting.25 CLEC terminations will be placed on the appropriate Owest Cross Connection frames using standard engineering principles. CLEC terminations will share frame space with Owest terminations on Owest frames without a requirement for an intermediate device.26 If CLEC disagrees with the selection of the Owest Cross Connection frame CLEC may request a tour of the Owest Premises to determine if Cross Connection frame alternatives exist, and may request a connection to an alternative frame or an alternative arrangement, such as direct connections from CLEC' July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30 , 2007 Section 8 Collocation Collocation space to the MDF or COSMICTM frame.27 Conversions of the various Collocation arrangements (e., Virtual to Physical) will be considered on an Individual Case Basis. However, conversions from Virtual Collocation to Cageless Physical Collocation, where the conversion only involves an administrative and Billing change, and the virtually collocated equipment is located in a space where Cageless Physical Collocation is available , shall be completed in thirty (30) Days. CLEC must pay all associated conversion charges.28 Qwest shall permit CLEC to construct or subcontract the construction and build-out of Physical Collocation arrangements with contractors approved by Qwest. Such CLEC construction of Physical Collocation arrangements are for within CLEC' physical space including the cage, if appropriate, frames, and cable racking. Also CLEC may install the tie cables, blocks, and terminations on the ICDF or CLEC-to-CLEC connections, outside CLEC's physical space and according to Qwest's design. Qwest approval of CLEC contractors involves security access arrangements and shall not be unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same criteria that Qwest uses in approving contractors for its own purposes.29 Qwest will provide CLEC with written notification at least five (5) business days before any scheduled non-emergency AC or DC power work in the collocated facility that may cause a power disruption to CLEC equipment located in the Qwest facility. This does not include notification of routine power testing or power installation work not expected to cause a power disruption. Qwest will use diligent efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon as Qwest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption that would impact CLEC equipment no later than thirty (30) minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment.30 Optional DC Power Measurement. CLEC will order DC power to meet its needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered amps. For power feeds of greater than sixty (60) amps terminated at the power board, Qwest will measure usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest will also take a reading within thirty (30) Days of a written request by CLEC. Qwest will perform a maximum of four (4) readings per year for a particular Collocation site. Until the routine semi-annual reading or until such time that Qwest makes a reading based on a written request, Qwest will bill CLEC based on the amount of power ordered. Based on the reading, Qwest will adjust the new monthly usage rate to CLEC's actual usage rate on a going forward basis.31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF). CLEC may request Joint Testing on the Collocation Application form or by sending a July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation separate Joint Testing Application form. Collocation and Joint Testing Application forms are available in the PCAT. CLEC must specify on its application the terminations to be tested and the type of tests to be performed with Owest. CLEC must provide contact information on the application for Owest to arrange the Joint Testing date and time. Owest will acknowledge acceptance of the application within ten (10) Days of receipt. Joint Testing will be complete within ninety (90) Days of the RFS if Joint Testing is requested on the Collocation Application form or ninety (90) Days from acceptance of the Joint Testing Application form. 8.2.31.Owest will only test between CLEC Collocation and the ICDF once CLEC equipment is in place. Joint Testing is only available for the terminations identified on the Collocation Application or Joint Testing Application. If CLEC wants additional terminations tested that are not identified on its initial application , CLEC will need to complete a new Joint Testing Application. 31.Each Party will provide appropriate test equipment for its technicians. Owest will assist CLEC in conducting continuity tests on terminations at the ICDF. Owest will not operate CLEC test equipment. If errors are found during the Joint Testing, Owest will only repair Owest network faults. CLEC is responsible for replacement or repair of GLEe-provided facilities. 31.If during the scheduled Joint Testing, the Owest-caused error rate is more than two percent (2%) on the terminations identified for testing, Owest will not charge for this Joint Testing. If there are less than two percent (2%) errors found or if the errors found are facility errors on CLEC provided facilities, Owest will charge for the Joint Testing. One (1) pair is counted as two (2) terminations and errors are counted on a one (1) termination basis. If CLEC requests that the charges be waived because Owest errors are found during Joint Testing, Owest may access CLEC's Collocation space to identify if the facility cabling sequence is correct, per applicable standards. CLEC may review Owest facility cabling at the ICDF to verify the cable sequence , per applicable standards.32 DC Power Reduction. DC Power Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the power board or battery distribution fuse board (BDFB) when reducing a secondary power feed to zero. CLEC will pay a monthly power maintenance charge to retain the existing power cabling and fuse position for future power augment requests or until such time as CLEC notifies Owest it wishes to discontinue the option. DC Power Reduction Without Reservation allows CLEC to reduce the ordered amps on a primary or secondary feed to a minimum of twenty (20) amps. 32.Applications for DC Power Reduction may be submitted only for Collocation sites that have been completed and accepted by CLEC, otherwise CLEC should follow standard change or augment procedures including the applicable rates for changes or augments. On the Collocation Application , CLEC should indicate that it is a request for DC Power Reduction and identify the specific power feeds to be reduced. Owest will notify CLEC of any deficiencies in the Collocation Application, within ten (10) Days of receipt. A quotation for the DC Power Reduction will be provided to CLEC within twenty-five (25) Days. The quoted nonrecurring charges will be honored for thirty (30) Days from the July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation quotation. CLEC payment of all quoted nonrecurring charges constitutes acceptance and owest will then perform the work. If CLEC accepts the quotation within seven (7) Days, owest shall complete the DC Power Reduction within ninety (90) Days of receipt of the Collocation Application. If CLEC accepts the quotation after seven (7) Days, owest shall complete the DC Power Reduction within ninety (90) Days of receipt of CLEC's acceptance. 32.CLEC assumes all responsibility for outages or impacts to CLEC services and equipment due to the reduction in DC power. Restoration of the DC power is contingent upon the desired power and fuse availability. 32.Before submitting a Collocation Application requesting DC Power Reduction, CLEC's financial obligations for the Collocation site must be current, with the exception of formally disputed charges. Billing to CLEC will be revised to reflect the reduced DC power upon receipt of payment of the quoted charges effective back to the date of acceptance by owest of the Collocation Application. 32.4 If a shortage of fuse positions is imminent , owest will notify CLEC of the need to exercise its option to reuse the power feed and fuse, or relinquish the fuse position for use by another CLEC or owest Upon receipt of such notification , CLEC must request restoration of the secondary power feed to at least twenty (20) amps or return the fuse position to owest within thirty (30) Days.33 Collocation Available Inventory. Collocation Available Inventory provides CLEC with information about the availability of (a) returned Collocation sites and elements under owest's control ("owest Postings ) and (b) CLEC controlled sites that may be posted are available for a Transfer of Responsibility ("CLEC Postings ). owest and CLECs may post available Collocation sites on owest's wholesale web site at: http://www.qwestcom/whoiesale/pcat/colloclassifieds.htmi. CLEC must either have an approved Interconnection Agreement or is currently negotiating with owest to have an interim Interconnection Agreement with the specific type of Collocation to be obtained. the Interconnection Agreement is pending approval CLEC must execute an early ordering letter. owest reserves the right to remove owest Postings to satisfy CLEC Collocation Applications or owest space requirements. owest shall not use the owest Postings as a basis to claim exhaust in any owest Premises. 33.CLEC obtaining a Collocation site from owest Postings must not have any overdue financial obligations owed to owest for Collocation, with the exception of formally disputed charges. CLEC will be required to pay a minimum of six (6) months of space construction and floor space lease recurring charges if CLEC terminates its lease prior to six (6) months occupancy. 33.owest Postings. Collocation sites available in owest Postings may be partially or fully completed before being returned to owest inventory. Both Caged Physical Collocation and Cageless Physical Collocation sites will be offered in the owest Postings and will be available under the terms and conditions set forth in the Interconnection Agreement of the CLEC acquiring the Collocation space. CLEC may request to add to or complete the Collocation site to its specifications. CLEC may also request that owest reduce the cable July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 Section 8 Collocation terminations and CLEC will be charged for the removal of such cable terminations. 33.All services that were previously connected to the Collocation (e., UNEs, CLEC to CLEC , administrative lines, Finished Services, and Line Splitting) will be disconnected before the site is listed in the Qwest Postings. Power, grounding, and Entrance Facilities will also be disconnected before the site is listed. Qwest shall inventory all reusable and reimbursable elements and include them in the Collocation site information. 33.4 Qwest may also elect to offer Collocation sites returned through bankruptcy or abandonment consistent with Applicable Law (Le. , " Special Sites These Collocation sites will not be decommissioned and will be posted as unverified sites with equipment which may include electronic equipment, racks cages, DC power, grounding and terminations. It is expressly understood and agreed that Qwest is selling equipment that is used or surplus equipment on an as is, where is" basis with all faults, latent and patent, and the equipment is conveyed without any Qwest warranties or representations of any kind , express or implied. CLEC is responsible for all software and software license agreements for any equipment conveyed as part of a Special Site. CLEC is responsible for handling, scrapping, destruction or other disposition of any equipment conveyed as part of a Special Site and shall conform and comply with: (a) All applicable federal, state, county and municipal laws, statutes, regulations , and codes regulating hazardous wastes, materials or substances , including, but not limited to the Toxic Substances Control Act (TSCA) (15 U.C. ~ 2601 et seq.); the Reso"urce Conservation and Recovery Act (RCRA) (42 U.C. ~ 6901 et seq. Hazardous Materials Transportation Act (HMTA) (49 U.C. ~ 1801 et seq. Occupational Safety and Health Act (OSHA) (29 U.C. ~ 651 et seq. Comprehensive Environmental Response , Compensation , and Liability Act (CERCLA)(42 U.C. ~ 9601 et seq.); and any successor acts thereto or the regulations promulgated thereunder and any applicable International laws and regulations; (b) Environmental rules and regulations governing environmental impacts associated with the production and or recovery of precious metals, scrap metals and material processing and or residual material disposition whether hazardous or non-hazardous as defined by governing laws and or applicable laws and are the sole responsibility of CLEC; and (c) All hazardous waste hazardous material, hazardous substances or solid waste manifests relating to the shipping, receiving, disposal or final disposition of the equipment shall not reference, list or otherwise indicate on the manifest that Qwest is the generator arranger, transporter, owner or otherwise the party that owns, controls, manages handles , stores, generates or otherwise uses the equipment. On any required hazardous waste, hazardous material , hazardous substances or solid waste manifest relating to the shipping, receiving, disposal or final disposition of the equipment, CLEC shall be listed as the generator, arranger and owner of the materials. 33.CLEC will submit a Collocation Application indicating a specific Collocation site from the Collocation Available Inventory. Qwest will follow the standard Collocation provisioning intervals for the type of Collocation as included in CLEC's Interconnection Agreement. During preparation of the quotation Qwest will validate all reusable elements and send an inventory verification letter. July 12, 2007/1hd/Utility Telephone/lO Agreement Number COS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation After receipt of the validated inventory, CLEC may cancel the Collocation Application or submit a change to the pending Collocation Application. Any cancellation due to differences between the Qwest Posting and actual inventory will not result in a QPF or Engineering and Design Fee being charged. 33.Charges for Collocation sites listed in the Qwest Postings will be on a site specific basis , according to assuming CLEC'Interconnection Agreement and its requested work in the Collocation Application. Assuming CLEC will receive a fifty percent (50%) discount on nonrecurring reusable elements , if any, as defined in Section 8.22. CLEC Collocation of Splitters 34.If CLEC elects to have Splitters installed in Qwest Wire Centers via the standard Collocation arrangements CLEC will either purchase the Splitters or have Qwest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through of actual vendor invoice costs including but not limited to taxes , shipping and handling. The Splitters must meet the requirements for Central Office equipment Collocation set by the FCC. CLEC will be responsible for installing and maintaining the Splitters in its Collocation areas within Qwest Wire Centers. 34.Reclassification allows a CLEC that has existing spare terminations to reclassify those terminations for UNE or other services as necessary. Reclassification is required when the terminations for the requested services are inventoried in a database different from the database of the existing spare terminations. A spare termination is a CLEC termination that is not in use and has no pending orders against it. 34.CLEC may designate some or all of its existing tie cables for use in connection with UNEs or other services. Qwest will perform any necessary tie cable reclassifications , frame re-stenciling, and related work for which it is responsible and that is required to provision Line Splitting and Loop Splitting. Charges will apply pursuant to Exhibit A of the Agreement. 34.4 Two (2) ITPs and two (2) tie cables will be needed to connect Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame , one (1) tie cable will carry both voice and data traffic to the Splitter located in CLEC's Collocation area. The voice and data traffic will be separated at the Splitter. The data traffic will be routed to CLEC's network within its Collocation area. The voice traffic will be routed to the COSMICTM/MDF Switch termination via the ICDF , using a second tie cable and a second ITP. 34.Interconnection Tie Pairs and Tie Cables. There are two (2) types of ITP arrangements for connecting the Qwest network to the CLEC provided Splitter, depending on whether CLEC elects to use an ICDF or direct connections. 34.CLEC may elect to use an ICDF. In this instance, one (1) ITP carries the combined voice/data signal from the COSMICTM/MDF July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation Loop termination to the ICDF and a second ITP carries the voice only signal from the ICDF to the COSMICTM/MDF Switch termination. For each Shared Loop, two (2) pairs of the tie cable must be used: one (1) pair of the tie cable will carry the voice/data from the ICDF to the CLEC provided Splitter, and the second pair will carry the voice-only signal from the CLEC provided Splitter to the ICDF. 34.CLEC may elect to use direct connections between the GLEe-provided Splitter and the COSMICTM/MDF. In this instance, Owestwill provide one (1) tie cable between each module of the COSMICTM/MDF and the GLEe-provided Splitter. One (1) pair in the tie cable will carry the combined voice/data signal from the COSMICTM/MDF Loop termination to the GLEe-provided Splitter in CLEC's Collocation space. A second pair in the tie cable will carry the voice-only signal from the GLEe-provided Splitter to the Switch termination on the COSMICTM/MDF. These tie cables will be dedicated to CLEC's use, and as a result, the full cost of the necessary Mechanized Engineering and Layout for Distributing Frame (MELDTM ) run, cable placement, and cable termination , and associated COSMICTM/MDF hardware to terminate a tie cable on each outside plant and Switch equipment module of the COSMICTM/MDF will be assessed to CLEC in accordance with Section 8 (Collocation). To minimize CLEC's cost, to the extent feasible , Owest shall consolidate CLEC's requirements with the requirements of Owest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall be prorated among the parties including Owest. Owest will provide, for each Shared Loop, the tie cable pair assignments. 34.The Demarcation Points between Owest's network and CLEC' network will be the place where the combined voice and data Loop is connected to the ICDF, or where CLEC chooses a direct connection to the COSMICTM/MDF where the combined voice and data Loop originates from CLEC's Collocation.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows CLEC to request a comprehensive visit with Owest at an existing Central Office Collocation site. The purpose of this Joint Inventory Visit is to review space, power terminations , synchronization, administrative lines, virtual equipment common area splitter, AC outlets , and to verify billable rate elements versus actual billing. 35.There will be no time allocated during the visit for testing or repairing items identified. The Joint Inventory Visit Process excludes physical review of the Entrance Facility POI location. Inventory will be documented and any deviations identified on a "Collocation-Joint Inventory Visit Form." This form will become the basis for a follow-up corrective action plan based on mutual agreement. A copy will be provided to CLEC prior to the wrap-up conference call. 35.Joint Inventory Visit is available for any Central Office premise type of Collocation. 35.Joint Inventory Visit quotation will be communicated from the Owest Collocation Project Management Center (CPMC) via email to CLEC and July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 Section 8 Collocation followed by an invoice requiring 100% payment. Quotations are sustainable upon receipt, since the shortened timeframe requires immediate processing by Qwest. 35.4 The visits will be conducted during normal business hours defined as: Monday through Friday from 8 am to 5 pm local time excluding Qwest recognized holidays. 35.The Qwest employee conducting the visit will be a knowledgeable management employee. The Qwest representative will be identified by a State Interconnect Manager (SICM). 35.The overall process for a Collocation Joint Inventory Visit will be sixty (60) Days from receipt of a valid and complete application to completion of the Joint Inventory Visit, subject to scheduling availability of both Qwest and the CLEC. 35.A maximum of two scheduling visits will be planned subject to a minimum forty-eight (48) hour cancellation policy. Any cancellation less than forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to conduct the visit by CLEC will result in CLEC being billed and no deliverables received. 35.CLEC must submit a "Joint Inventory Visit Application" to order a Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available at http://www.qwest.com/whoiesale/pcat/collocation. html#imp 35.Each site requested will require a separate application form. This is defined as each eleven digit CLL! code location. 35.10 CLEC will receive an email acknowledgment of the application receipt and validation or feedback on any information requiring clarification within one (1) business day. Terms and Conditions - Virtual Collocation Qwest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection or to access UNEs , ancillary and Finished Services. When providing Virtual Collocation , Qwest shall install , maintain and repair collocated equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC will not have physical access to the virtually collocated equipment in the Qwest Premises. However, CLEC will have physical access to the Demarcation Point in the Qwest Premises. CLEC will be responsible for obtaining and providing to Qwest administrative codes (e., common language codes) for all equipment provided by CLEC and installed in Qwest Premises. 2.4 CLEC shall ensure that upon receipt of CLEC'virtually collocated July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 100 Section 8 Collocation equipment by Owest, all warranties and access to ongoing technical support are passed through to Owest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment will be possessed, installed and maintained by Owest. 5 CLEC'virtually collocated equipment must comply with Telcordia Network Equipment Building System (NEBS) Level 1 safety standards and any statutory (local , state or federal) and/or regulatory requirements in effect at the time of equipment installation or that subsequently become effective. CLEC shall provide Owest interface specifications (e., electrical , functional , physical and software) of CLEC's virtually collocated equipment. Such safety and engineering standards shall apply to CLEC equipment only to the degree that they apply to Qwest equipment located in Owest' Premises. CLEC must specify all software options and associated plug-ins for its virtually collocated equipment. CLEC will be responsible for payment of Owest's initial direct training charges associated with training Owest employees for the maintenance, operation and installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Owest in that Premises. This includes per diem charges (i.e., expenses based upon effective Owest labor agreements), travel and lodging incurred by Owest employees attending a vendor-provided training course. CLEC will be responsible for payment of reasonable charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment in accordance with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the foregoing, CLEC shall not be responsible for any costs or charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment where such costs or charges result from Qwest's fault or negligence. Terms and Conditions - Caged and Cage less Physical Collocation Owest shall provide Caged and Cageless Physical Collocation to CLEC for access to UNEs and ancillary services and Interconnection, except that Owest may provide Virtual Collocation if Owest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251 (c)(6) of the Act. Physical Collocation is offered in Premises on a space-available, first come , first-served basis. Intentionally Left Blank.3.4 Owest will design the floor space in the most efficient manner possible within each Premises that will constitute CLEC'leased space. CLEC will , in accordance with the other terms and conditions of this Section, have access to its leased space. When Owest constructs the collocated space , Owest will ensure that the necessary construction work (e., racking, ducting and caging for Caged Physical July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 101 Section 8 Collocation Collocation) is performed pursuant to Owest Technical Publication 77350, including all construction of CLEC's leased physical space and the riser from the vault to the leased physical space. CLEC owns or leases and is responsible for the installation , maintenance and repair of its equipment located within the physically collocated space leased from Owest. Owest shall permit CLEC to commence installation of its equipment prior to completion of Owest's work on the remaining Collocation infrastructure , at no additional charge to CLEC. Such "early access" date will be negotiated by Owest and CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (10%) of the originally quoted nonrecurring charges. All appropriate (Le. space and cable racking) recurring charges will begin on a negotiated date. The enclosure for Caged Physical Collocation must be complete before early access is granted. Such early access by CLEC shall not interfere with the work remaining to be performed by Owest. Upon completion of the construction of the Collocation project, Owestwill work cooperatively with CLEC in matters of joint testing and maintenance.9 If, during installation, Owest determines CLEC activities or equipment do not comply with the NEBS Level 1 safety standards listed in this Section or are in violation of any Applicable Laws or regulations all equally applied to Owest, Owest has the right to stop all installation work until the situation is remedied. Owest shall provide written notice of the non-compliance to CLEC and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLEC's equipment fails to meet. If such conditions pose an immediate threat to the safety of Owest employees, interfere with the performance of Owest's service obligations or pose an immediate threat to the physical integrity of the conduit system , cable facilities or other equipment in the Premises , Owest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. In the event that CLEC disputes any action Owest seeks to take or has taken pursuant to this provision , CLEC may pursue immediate resolution by the Commission or a court of competent jurisdiction.10 All equipment placed will be subject to random safety audits conducted by Owest. These audits will determine whether the equipment meets the NEBS Level safety standards required by this Agreement. CLEC will be notified of the results of this audit. If, at any time, pursuant to a random audit or otherwise, Owest determines that the equipment or the installation does not meet the NEBS standards described in Section 8., CLEC will be responsible for the costs associated with the removal modification to, or installation of the equipment to bring it into compliance. Owest shall provide written notice of the non-compliance to CLEC , and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 102 Section 8 Collocation basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Qwest locates at the Premises in question , together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Qwest contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) Days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifteen (15) Days of written notice of non-compliance , and if CLEC fails to take all appropriate steps to correct any non-compliance as soon as reasonably possible, Qwest may pursue immediate resolution by the Commission or a court of competent jurisdiction. If there is an immediate threat to the safety of Qwest employees , or an immediate threat to the physical integrity of the conduit system , cable facilities, or other equipment in the Premises , Qwest may perform such work and/or take such action as is necessary to correct the condition at CLEC's expense.11 Qwest shall provide basic telephone service with a connection jack at the request of CLEC for Caged or Cageless Physical Collocation space. Upon CLEC' request, this service shall be available per standard Qwest business service Provisioning processes and rates.12 For Caged Physical Collocation, CLEC's leased floor space will be separated from other ClECs and Qwest space through a cage enclosure. Qwest will construct the cage enclosure or CLEC may choose from Qwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwest's approval which may not be unreasonably withheld , to construct the cage enclosure. All CLEC equipment placed will meet NEBS Level 1 safety standards, and will comply with any local, state , or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective.13 For Cageless Physical Collocation in a Wire Center, the minimum square footage is nine (9) square feet per bay (however, if smaller bays are or become available , Qwest will reduce the minimum square footage accordingly). Requests for multiple bay space will be provided in adjacent bays where possible. When contiguous space is not available , bays may be commingled with other CLECs' equipment bays. CLEC may request, through the Qwest Space Reclamation Policy, a price quotation to rearrange Qwest equipment to provide CLEC with adjacent space. Transmission Facility Access to Collocation Space 2.4.For Virtual or Physical Collocation CLEC may select from four (4) optional methods for facility access to its Collocation space. They include: 1) fiber Entrance Facilities , 2) purchasing private line or Access Services, 3) Unbundled Network Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies may be requested through the BFR process. 2.4.Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance Facilities provide the connectivity between CLEC's collocated equipment within the Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 103 Section 8 Collocation Entrance Facilities. 2.4.CLEC is responsible for providing its own fiber facilities to the C-POI outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure will then be provided by Qwest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment (Virtual Collocation). The Qwest-provided facility from the C-POI to the leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do not apply to an Express Fiber Entrance Facility which provides that CLEC fiber will be pulled to CLEC Collocation equipment without splices or termination on an FDP. 2.4.Standard Fiber Entrance Facility -- The standard fiber Entrance Facility provides fiber connectivity between CLEC's fiber facilities delivered to the POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC' fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy- two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is placed between CLEC's Collocation space and the FDP. The FDP provides Qwest with test access and a connection point between the transport fiber and CLEC's Interconnection cable. 2.4.Cross Connect Fiber Entrance Facility - The cross connect fiber Entrance Facility provides fiber connectivity between CLEC'fiber facilities delivered to a C-POI and multiple locations within the Qwest Wire Center. CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable in twelve (12) fiber increments. The Qwest fiber cable consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The seventy-two (72) fiber cable terminates in a fiber distribution panel. This fiber distribution panel provides test access and flexibility for Cross Connection to a second fiber distribution panel. Fiber Interconnection cables in four (4) and twelve (12) fiber options connect the second fiber distribution panel and equipment locations in the Qwest Wire Center. This option has the ability to serve multiple locations or pieces of equipment within the Qwest Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily supports Virtual and Cage less Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one (1) form of Collocation to another. 2.4.Express Fiber Entrance Facility - Qwest will place CLEC- provided fiber cable from the C-POI directly to CLEC's Collocation space. The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating requirements then a transition splice will occur in the cable vault to insure that the cable within the Qwest Wire Center meets requirements. This option will not be available if there is only one (1) conduit with two (2) unused innerducts (one (1) for emergency restoral and one for a shared entrance cable). 2.4.4 Qwest will designate the location of the C-POI for Virtual , Caged Physical July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 104 Section 8 Collocation or Cage less Physical Collocation arrangements. 2.4.The Collocation Entrance Facility is assumed to be fiber optic cable and meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a standard Collocation Entrance Facility. Requests for non-standard entrances will be considered through the BFR process described in the Bona Fide Request Process Section of this Agreement. All costs and Provisioning intervals for non-standard entrances will be developed on an Individual Case Basis. 2.4.Owest shall provide an Interconnection point or points, physically accessible by both Owest and CLEC , at which the fiber optic cable carrying CLEC' circuits can enter Owest's Wire Center, provided that Owest shall designate Interconnection points as close as reasonably possible to its Premises. Owest shall offer at least two (2) such Interconnection points at each Owest Wire Center when at least two (2) entry points pre-exist and duct space is available. Owest will not initiate construction of a second , separate Collocation Entrance Facility solely for Collocation. If Owest requires the construction of a new Collocation Entrance Facility for its own use then the needs of CLEC will also be taken into consideration. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase Owest Tariffed or cataloged Private Line or Switched Access Services. 2.4.As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase unbundled dedicated interoffice transport. 2.4.Microwave Entrance Facilities. Owest offers Microwave Entrance Facilities, on Premises owned or controlled by Owest, to access CLEC transmission equipment collocated on or inside the Owest Premises. The rooftop, duct, conduit, and riser cable space for Microwave Entrance Facilities is available on a first-come , first- served basis, where Technically Feasible. CLEC may place its microwave antenna on a Owest owned or controlled existing tower, building, or supporting structure , where space is available, or CLEC may construct such tower or supporting structure, if necessary and if there is sufficient space and the building structure is not jeopardized. Such microwave equipment will be limited to that which is necessary for Interconnection to Owest' network or access to Owest's Unbundled Network Elements. 2.4.Owest will jointly coordinate and plan with CLEC for the placement and location of the microwave equipment on a non-penetrating roof mount, or an existing tower or supporting structure on the exterior of a Owest Premises. The method of placing CLEC microwave equipment shall be mutually agreed upon. Tower space or building roof space that allows for unobstructed line-of-sight will be provided by Owest where Technically Feasible. A weather proof cable entry hatch or an existing wave-guide hatch or other suitable entrance into the building is required. If space is available , CLEC may use an existing cable entry hatch or a new cable entry hatch will need to be constructed. The cable entry hatch charges are on a per port used basis. 2.4.CLEC can perform the determination of line-of-sight feasibility or structural analysis or CLEC can request that Owest perform either of these functions. CLEC will submit a Microwave Entrance Facility Application for each antenna arrangement and each Owest Premises requested. A site visit will July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 105 Section 8 Collocation include appropriate Qwest and CLEC personnel for the purpose of determining whether an unobstructed line-of-sight is Technically Feasible and structural analysis of the building. The site visit will take place within fifteen (15) Days, or as soon thereafter as can be scheduled by the Parties , of receipt by Qwest of CLEC's Microwave Entrance Facility Application. If CLEC performs the structural analysis or line-of-sight feasibility, it shall submit a response regarding its analysis to Qwest and Qwest will only bill for an escort fee per site requested. If either Party disputes the technical feasibility, space availability, or other conditions proposed by Qwest, the Parties will promptly petition the Commission for resolution of the dispute. 2.4.If Qwest performs the feasibility analysis, a response will be provided to CLEC within thirty (30) Days of the site visit with the structural analysis and line-of-sight feasibility. If the site visit determines that unobstructed line-of-sight and placement of the microwave equipment are not Technically Feasible, CLEC will be billed only for the site visit. If the site visit determines that the placement of microwave equipment is Technically Feasible, Qwest will provide a quotation for the Microwave Entrance Facility with the quotation for the submitted Collocation Application. If CLEC does not submit a Collocation Application for the Premises within thirty (30) Days following the completion of the line-of-sight and structural feasibility analysis or CLEC subsequently cancels the Collocation Application , CLEC will be billed for the site visit. 2.4.9.4 CLEC must obtain all necessary variances, licenses , approvals and authorizations from governmental agencies with jurisdiction , such as use permits, building permits, FCC licenses and FAA approval , if required , to construct, operate and maintain CLEC'facilities. If Qwest's assistance is required in order for CLEC to obtain necessary licenses or permits, Qwest will not unreasonably withhold such assistance. CLEC will pay all expenses associated with that assistance on a time and materials basis. 2.4.CLEC is responsible for the engineering, purchasing, supplying, installing, maintaining, repairing and servicing of its microwave specific equipment. CLEC shall provide the cable from the radio frequency (RF) equipment to the building cable entry hatch. However, CLEC is not permitted to penetrate the building exterior wall or roof. Qwest will do all building penetration and Qwest will install the coaxial cable or wave-guide/transmission facility from the cable entry hatch to CLEC's Collocation space within the interval , as set forth in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities shall not physically, electronically, or inductively interfere with the existing Qwest or other CLECs' equipment. Each transmitter individually and all transmitters collectively, for Qwest, Qwest Affiliates and CLECs , at a given location shall comply with appropriate federal , state , and local regulations governing the safe levels of RF radiation. 2.4.Upon expiration or termination of the Collocation arrangement or the Microwave Entrance Facility, CLEC shall return the antenna space to its original condition. CLEC shall repair any damages caused by removal of its microwave equipment, or by the use , operation or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Qwest shall impose no charges on CLEC for such work. In the event CLEC fails to remove July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 106 Section 8 Collocation its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs of removal , restoration of the property, storage , and transportation to CLEC of such microwave equipment incurred by Qwest. Terms and Conditions - ICDF Collocation Interconnection Distribution Frame (ICDF) Collocation is available if CLEC has not obtained Caged or Cageless Physical Collocation , but requires access to Qwest's Wire Center for combining Unbundled Network Elements, Finished Services, including local Interconnection trunks, and ancillary services. ICDF Collocation provides CLEC with access to the Interconnection Distribution Frame, where Qwest will terminate the Unbundled Network Elements, Finished Services and ancillary services ordered by CLEC. CLEC may combine such services by running a jumper on the lCDF , in accordance with Section 8.3. CLEC access to the ICDF will be on the same terms and conditions described for other types of Collocation in this Section. There are multiple frames that could be used for ICDF Collocation including, but not limited to, the following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll frame; e) fiber distribution panel; and , f) existing intermediate frame. Qwest-provided combinations in accordance with Sections 9.1 and 9.23.7 are not provided by Qwest in CLEC's ICDF Collocation space. All Qwest terminations on the Interconnection Distribution Frame will be given a frame address. Qwest will establish and maintain frame address records for Qwest terminations. Qwest will maintain assignment records for each Unbundled Network Element, Finished Service, and ancillary service ordered by CLEC that is terminated on the Interconnection Distribution Frame. Qwest will provide CLEC with the frame assignments for each Unbundled Network Element, Finished Service , and ancillary service terminated on the ICDF. CLEC will be required to place the jumper connection between frame addresses to connect Unbundled Loops, ancillary and Finished Services. CLEC will be required to maintain the records for GLEe-provided jumpers. 5.4 Intentionally Left Blank. Terms and Conditions - Adjacent Collocation and Adjacent Remote Collocation CLEC may request Adjacent Collocation and Adjacent Remote Collocation in an existing Qwest controlled environmental vault , controlled environmental hut, or similar structures on or under Qwest owned , leased or otherwise controlled property contiguous to a Qwest Premises , to the extent Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. Alternatively, if no such structure described above exists, CLEC may choose to construct or procure a structure to place on or under Qwest owned, leased or otherwise controlled property contiguous to a Qwest Premises. Such adjacent structure shall be in accordance with Qwest's design and space planning for the site. CLEC may propose the design for the adjacent structure subject to Qwest's approval. Qwest will review the building and property plans July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 107 Section 8 Collocation for the new structure within thirty (30) Days. CLEC shall own such structure, subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Qwest shall have the right of first refusal to such structure under terms to be mutually agreed upon by the Parties. In the event Qwest declines to take the structure or terms cannot be agreed upon , CLEC may transfer such structure to another CLEC for use for Interconnection and or access to UNEs. Transfer to another CLEC shall be subject to Qwest's approval , which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the property to its original condition. Qwest shall provide written authorization for use of Qwest's property to CLEC or CLEC's contractor, to the extent that Qwest owns or controls such property, to assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facility. CLEC is responsible for construction of the structure or procurement of an existing structure. CLEC is responsible for meeting all State and municipal building and zoning requirements. As participants in utility easements and public/private rights of way arrangements , CLEC and Qwest are each responsible for insuring their respective facilities information (housing locations, cable paths, etc.) is communicated to OneCali/Blue Stakes-type entities, as appropriate. facilities. Qwest will provide power and all other Physical Collocation services and 6.4 Upon request, Qwest will evaluate all parking or other spaces outside the Qwest Premises on Qwest property that can be reasonably made available to CLEC for Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest technicians or other vehicles, including CLEC's. Space below a hoisting area will not be relinquished for Collocation space. If Physical Collocation space becomes available in a previously exhausted Qwest structure , Qwest shall not require CLEC to move , or prohibit CLEC from moving its Collocation arrangement into the Qwest structure. Instead , Qwest shall continue to allow CLEC to collocate in any adjacent controlled environmental vault controlled environmental hut , or similar structure. Terms and Conditions - Remote Collocation Remote Collocation allows CLEC to collocate in a Qwest Remote Premises that is located remotely from a Qwest Wire Center building property. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. The terms and conditions for Physical Collocation or Virtual Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e., Section 8.11 and Section 8.2.4 would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will be offered in increments appropriate to the Remote Premises structure (Le., shelf, relay rack, etc. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 108 Section 8 Collocation Terms and Conditions - Facility Connected (FC) Collocation Facility Connected (Fe) Collocation provides access via an Entrance Facility if CLEC does not need to collocate equipment in the Wire Center but requires access for Interconnection or access to UNEs, ancillary services and Finished Services. CLEC will submit its order using the FC Collocation Application. FC Collocation is provided on a termination block or termination panel within the designated Wire Center. Qwest will engineer, provision , maintain and repair all services to the FC Collocation. CLEC does not have physical access to the FC Collocation. Qwest will perform the installation of services to the block or panel termination point indicated by CLEC on its orders, LSRs or ASRs , based on the connecting facility assignments (CFAs) from CLEC's alternative point of termination (APOT) form. FC Collocation is available with the following configurations: Copper Entrance Facility for termination and Cross Connection to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1) UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1 (T1) templated signal over the copper facility. DS1 copper Entrance Facilities will be wired to a DS1 office repeater to remove line voltage before terminating on the DSX panel. Qwest will install and charge for this line voltage isolation equipment. Fiber Entrance Facility termination and Cross Connection. Other levels of service such as Digital Service Level 3 (DS3) or DS1 utilizing fiber are available via the Bona Fide Request (BFR).8.4 Protection for lightning or voltage is required for copper Entrance Facilities and will require protection units (i.e., line voltage isolation equipment) on standard connector blocks on the distribution frame. Qwest will engineer and install this protection. All copper cables must come through a cable vault and have grounded/bonded sheaths. CLEC is responsible for providing an Entrance Facility to the Qwest designated Collocation Point of Interface (C-POI). All Qwest terminations on the termination frame or panel will be given a frame address. Qwest will maintain frame or panel address records for Qwest terminations. CLEC will maintain its CFA records. Terms and Conditions - Common Area Splitter Collocation If CLEC elects to have Splitters installed in Qwest Wire Centers via Common Area Splitter Collocation , the Splitters will be installed in those Wire Centers in one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where options (a) and (b) are not available, or, in Wire Centers with network access line counts of less than 10 000, on the COSMICTM/MDF or in some other appropriate location such July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 109 Section 8 Collocation as an existing Owest relay rack or bay. In Wire Centers with access line counts greater than 10 000, when all common area Splitter bays and racks are fully utilized , space permitting, Owest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC either may purchase Splitters or have Owest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through actual vendor invoice costs, including but not limited to taxes, shipping and handling. The Splitters must meet the requirements for Central Office equipment Collocation set by the FCC. Owest will be responsible for installing and maintaining the Splitters, but CLEC will lease the Splitters to Owest at no cost. Owest may commingle the Splitter shelves of different CLECs in a single relay rack or bay. Owest will not be responsible for shortages of Splitters or Owest's inability to obtain Splitters from vendors , if acting as purchasing agent on behalfof CLEC. Two (2) ITPs and four (4) tie cables will be needed to connect the Splitters to the Owest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination , to an appropriate ICDF. From this frame, one (1) tie cable will carry both voice and data traffic to the Splitter. The voice and data traffic will be separated at the Splitter, and the separated voice and data traffic will be routed to the ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF , the data traffic will be routed to CLEC's Collocation area via a fourth tie cable , and the voice traffic will be routed to the COSMICTM/MDF Switch termination , via a second ITP. CLEC can also elect a direct connect option pursuant to Section 8.11. Owest will provide the cabling used for tie cables between the Splitter and the ICDF. The Splitter Tie Cable Connection Charge will apply.9.4 The Demarcation Point between Owest's network and CLEC's network will be at the place where the data Loop leaves the Splitter on its way to CLEC' collocated equipment , or at the ICDF , where the data port is cabled to existing CLEC Collocation tie cable. New Splitter shelves may be ordered at the same time as a new Collocation on a single Collocation Application form and a single order processing charge will apply. New Splitter shelves may be ordered with an existing Collocation by submitting a new Collocation Application and the applicable fee. Standard intervals as contained in Exhibit C will apply. Splitter Deployment New applications for installation of Splitters will be processed in the manner outlined in the Collocation Section for Cageless Collocation. CLEC may submit applications for additional DSO tie cable terminations and/or reclassification to support UNE or other services. Owest will process any such applications for augmentation and/or reclassification of DSO tie cable terminations under intervals as outlined below in this Section. Augmentation intervals will be thirty (30) Days , subject to the following terms and conditions identified below: The interval for reclassification will be fifteen (15) July 12, 2007/1hd/Utility Telephone/IO" Agreement Number COS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 110 Section 8 Collocation Days , subject to the following terms and conditions. If the requested reclassification engineering results in additional requirements for DSO tie cable terminations or tie cable support, the interval will default to thirty (30) Days. In the event CLEC , or Qwest acting as purchasing agent for CLEC , is unable to procure any equipment needed to complete all work required by applications submitted to Qwest by CLEC, including but not limited to, Splitters or cabling, Qwest will install the subject equipment when it becomes available. If Qwest is acting as purchasing agent for CLEC and is unable to procure equipment to complete all work in a timely manner, CLEC may provide Qwest with the subject equipment. CLEC will be notified by Qwest of the required material on-site date for the affected Wire Center(s) and CLEC will have two (2) business days to determine if it will be able to provide the subject equipment in advance of the material on-site date. If CLEC does not notify Qwest in writing of its intent to provide the subject equipment within this two (2) business day period, or if the subject equipment is not provided in a timely manner Qwest will install the subject equipment when available. Rate Elements Rate elements for Collocation are included in Exhibit A. Rate Elements - All Collocation Qwest will recover Collocation costs through both recurring and nonrecurring charges. The charges are determined by the scope of work to be performed based on the information provided by CLEC on the Collocation Application. A quotation is then developed by Qwest for the work to be performed. The following elements as specified in Exhibit A of this Agreement are used to develop a price quotation in support of Collocation: Quotation Preparation Fee. non-refundable charge for the work required to verify space and develop a price quotation for the total costs to CLEC for its Collocation request. Planning and Engineering Fee. Cable Augment Quotation Preparation Fee. A non-refundable nonrecurring charge for the work required to plan, design , engineer, and develop a price quotation for the total costs to CLEC for its Collocation request to augment existing terminations.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in increments of 12 fibers) from the C-POI utilizing Qwest owned , conventional single mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the leased space (for Caged or Cageless Physical Collocation). The Collocation Entrance Facility includes manhole, conduit/innerduct, placement of conduit/innerduct, fiber cable fiber placement, splice case, a splice frame , fiber distribution panel , and relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber cable , splice case, a splice frame or fiber distribution panel. Microwave Entrance Facility July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 111 Section 8 Collocation charges are addressed in 8.17. Cable Splicing Charge. Represents the labor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of the request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt capacity specified by CLEC in its order on a per ampere (amp) basis. There is a one (1) amp minimum charge for -48 volt DC power usage. Optional -48 Volt DC Power Usage Charge is available for orders of greater than sixty (60) amps. If CLEC orders Optional DC Power Measurement, Qwest will initially apply the -48 Volt DC Power Usage Charge from Exhibit A to the quantity of power ordered by CLEC. Qwest will determine the actual usage at the power board as described in Section 8.30. Qwest will adjust the monthly usage rate based upon the actual usage on a going forward basis. There is a one (1) amp minimum charge for -48 volt DC power usage. Power Plant per Amp. Provides plant infrastructure to support the 48 volt DC power to CLEC collocated equipment. Power plant is built to support the amount of DC power usage ordered by CLEC and may be reduced with a power reduction request. AC Power Feed. Recovers the cost of providing for the engineering and installation of wire, conduit and support, breakers and miscellaneous electrical equipment necessary to provide the AC power, with generator backup, to CLEC's space. The AC Power feed is optional. The AC Power Feed is available with single or triple phase options. The AC Power Feed is rated on a per foot and per ampere basis. Inspector Labor Charge. Provides for Qwest qualified personnel , acting as an inspector, when CLEC requires access to the C-POI after the initial installation. A call-out of an inspector after business hours is subject to a minimum charge of three (3) hours. The minimum call-out charge shall apply when no other employee is present in the location , and an 'off-shift' Qwest employee (or contract employee) is required to go on-shift' on behalf of CLEC. Intentionally Left Blank.10 Interconnection Tie Pairs (ITP) are described in the UNE Section , and apply for each Unbundled Network Element , ancillary service or Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancillary service or Interconnection service and the Demarcation Point.11 Collocation Terminations. Terminations are purchased by CLEC for the purpose of accessing Unbundled Network Elements. These terminations may be requested in Shared Access and Direct Connection Configurations. 11.Shared Access July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 112 Section 8 Collocation 11.In a Shared Access configuration, there are multiple frames that could be designated as an ICDF or an appropriate Demarcation Point including, but not limited to , the following: Existing Interconnection Distributing Frame (ICDF) Existing DSX Panels for DS1 and DS3 services New Interconnection Distributing Frame Existing Toll Frame Fiber Distribution Panel Existing Intermediate Frame 11.The ICDF is the test access point. It would not be uncommon to find multiple service providers , including Qwest, on the ICDF at any one time. This element includes Qwest's provided termination blocks or panels and the associated cost for placement of the blocks or panels. Cabling is also required and may be provided by CLEC or at its request, Qwest will provide cabling at an additional charge. When Qwest provides the cabling, Collocation Block Termination rates will apply as contained in Exhibit A of this Agreement. When CLEC provides the cabling, Collocation Termination rates , on a per termination basis, will apply as contained in Exhibit A of this Agreement. When CLEC provides and installs the tie cables, blocks and terminations on the ICDF no Collocation Termination rates will apply. 11.Direct Connection 11.Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option will guarantee that there will not be an ICDF. The connection will be designed from the Collocation space to the same frame that Qwest uses to connect to that specific service. For example, if CLEC wants to connect directly from its Collocation space to a 911 router, the infrastructure for the 911 trunks will terminate in a DS1 bay location with the 911-router circuits. There are several options for the location of the Demarcation Point. CLEC will select its desired option via the Direct Connection Collocation Application. If CLEC chooses a demarcation inside the Collocation space, CLEC should order and install the termination equipment itself. Demarcation equipment must be noted on the order form so that a CLL! code and unique tie cable assignments can be generated for systems flow through. If CLEC chooses a demarcation outside its Collocation space, Qwest will maintain and inventory this device. Direct terminations may be ordered where frame space is available. If frame space is exhausted the terminations may need to be made at another frame. Upon completion of the pre-provisioning of the Direct Connection, CLEC will receive an Alternate Point of Termination (APOT) form so that it may order Finished Services and UNEs. CLEC will July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 113 Section 8 Collocation be responsible for augmenting terminations as required. The Direct Connection APOT information must be provided on the ASR or LSR to insure that the services are designed to the dedicated path. 11.2 CLEC's termination point will require a CLL! code (e., Frame Number) and the dedicated tie pairs will require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. 11.If CLEC wishes to arrange terminations on a 2-wire POTS level cross connect device of the modular type, Le. COSMICTM Hardware, standard-engineering principles will apply. Provisioning intervals and costs will be customized and determined on an Individual Case Basis (ICB). A five (5) year forecast including terminations per quantities will be required. MELDTM runs will be required for the initial COSMICTM plan and each subsequent block addition. To minimize CLEC's cost, to the extent feasible, Qwest shall consolidate CLEC' requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall be prorated among the parties, including Qwest. Minimum installation requires at least one (1) block for every two (2) outside plant modules. A one-half Ch) shelf of block capacity must be reserved for future block space. 11.2.4 Requests for terminations at a DSO , DS1 , DS3 and optical level (non-POTS) may also be made directly to the respective frame or panel (Le., toll frame, DSX, FDP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM frame. However these connections will require coordination between Qwest and CLEC to ensure that the cable is terminated in an existing frame with the service that CLEC is wishing to connect with. . Direct Connection is ordered via the supplemental Collocation order form , Direct Connection (DC-POT). Timing, pricing and feasibility will be determined on the basis of a specific, in-depth building analysis. Direct Connections are available where available frame space permits. If frame space is exhausted , terminations may need to be made at another frame. Space availability will be determined during the feasibility request phase of the order. Rates for Direct Connection Terminations will be on an 1GB basis using rates defined in Exhibit A. 11.Terminations must be purchased in the following increments: DSO in blocks of one hundred (100) or per termination; DS1 in increments of twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).12 Security Charge. This charge applies to the keys/card and card readers required for CLEC access to the Qwest Premises for the purpose of Collocation. There are two monthly recurring rate elements associated with Security Access. The first rate element is per access card, per CLEC employee, per month. The second rate element is the number of card accessible premises , per CLEC employee , per month , as included July 12, 2007/lhd/Utility Telephone/IO Agreement Number COS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 114 Section 8 Collocation in Exhibit A to this Agreement.13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS1 synchronization signals traceable to a stratum one source. CLEC must determine the synchronization requirements for CLEC' equipment and notify Qwest of these requirements when ordering the clock signals. Central Office Synchronization is required for Virtual Collocation involving digital services or connections. Synchronization may be required for analog services. Central Office Synchronization is available where Qwest Central Offices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance with Exhibit A. 14 -48 Volt DC Power Cable Charge. Provides for the transmission of - volt DC power to the collocated equipment and is fused at one hundred twenty-five percent (125%) of request. It includes engineering, furnishing and installing the main distribution bay power breaker, associated power cable, cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and B from the local power distribution bay to the leased physical space (for Caged or Cage less Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder.15 Space Availability Report Charge - Recovers the cost of preparing a Space Availability Report in accordance with Section 8. 16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges will be assessed for Virtual Collocation connections and cable holes, if applicable. There will be recurring charges for cable racking.17 Microwave Entrance Facility - The charges for Microwave Entrance Facility include the recurring and nonrecurring charges associated with preliminary rooftop engineering and survey analysis, Premises structural analysis and line of sight feasibility, if performed by Qwest; space rental for the rooftop and existing antenna support structure, cable racking, cable , building penetration for cable entry, and other work as required.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring. Set up and testing charges are based on the virtual collocation maintenance rate specified in Exhibit A. The set up fee has a minimum of one (1) hour per joint testing request at the specified Virtual Collocation maintenance rate, specified in Exhibit A, and a per half-hour charge at the same rate for any time exceeding the one (1) hour for testing. Qwest will not charge for the Joint Testing based on the Joint Testing Qwest- caused error rate as described in Section 8.31.19 DC Power Reduction and Restoration Rates: CLEC will be charged the applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and Design Fee to perform the engineering and planning work to process the DC Power Reduction or DC Power Restoration request per Collocation space. Nonrecurring charges associated with the work required to reduce the fuse or breaker size, rewiring the power lead at the power source or relocation of the power feed will be on an ICB basis. When power is restored , nonrecurring charges will be assessed on an ICB basis for the work required to July 12, 2007/lhd/Utility T elephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 115 Section 8 Collocation restore the power utilizing standard power rate elements for power usage, labor and cabling charges. CLEC will be charged a nonrecurring charge for moves between the battery distribution fuse board and the power board (for location changes) necessary for DC power reduction/restoration. A recurring power maintenance charge is associated with the option to hold the power infrastructure for a secondary feed for potential future use by CLEC. The recurring charge will terminate on the date a restoration job completes for the power feed or CLEC returns the fuse position to Qwest. If Qwest is unable to provide the requested power restoration of the held feed(s) due to exhaustion of power capacity, Qwest will refund all Power Maintenance Charges collected since the reservation was accepted.20 Collocation Available Inventory Charges. For standard Qwest Postings of Collocation Available Inventory, CLEC will be charged the standard Collocation rates including the applicable QPF or Engineering and Planning Fee. CLEC will also be charged for removal of terminations. For Special Sites , assuming CLEC will be charged a Special Site Assessment Fee instead of the standard QPF, unless CLEC requests an augment to the existing site in its initial Collocation Application , then the standard approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site , in addition to the standard Collocation rates, will also be charged a nonrecurring Network Systems Administration Fee for the systems and record updates required to transfer the Collocation Site to assuming CLEC and , if a site survey is requested by CLEC, a Site Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC at no charge. Recurring charges for all products and services will be charged at rates listed in assuming CLEC Interconnection Agreement without a discount.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory Visit is a state-specific, nonrecurring charge identified in Exhibit A. Rate Elements - Virtual Collocation The following rate elements , as specified in Exhibit A , apply uniquely to Virtual Collocation. Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. Training Labor. Provides for the training of Qwest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually collocated equipment when that equipment is different from Qwest-provided equipment. Qwest will require three (3) Qwest employees to be trained per metropolitan service area in which CLEC'virtually collocated equipment is located. If, by an act of Qwest, trained employees are relocated , retired , or are no longer available , Qwest will not require CLEC to provide training for additional Qwest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated equipment, the training costs shall be prorated to each according to the number of CLECs so selecting. Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its installation , and all necessary July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 116 Section 8 Collocation environmental supports. Mounting space on the bay, including space for the fuse panel and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine (9) foot and eleven (11) foot six (6) inches, which will be considered on an Individual Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation , change or removal. Installation Labor. Provides for the installation , change or removal of CLEC virtually collocated equipment. Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by GLEe-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls , filters , fire and life systems and alarms , mechanical systems , standard HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises areas surrounding GLEe-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of GLEe-provided equipment bay. Space Construction. This rate element includes the material and labor to construct and prepare the space , including all support structure , cable racking specific to the bay site. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed two (2) watts per square foot), and convenience outlets and the cost associated with space engineering. These elements have recurring and nonrecurring charges. Cable Rack. This rate element includes the metal structure that holds and routes cabling throughout the Owest Central Office that attaches to the bay specific racking. This element has recurring and nonrecurring charges. Rate Elements - Physical Collocation Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cageless Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation, an AC power outlet will be provided at every other bay in the line-up. Cage less bays placed in existing line-ups will use the existing outlets. For Caged Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from Owest approved contractors or may use another vendor of CLEC's own choosing, subject to Owest's approval , which may not be unreasonably withheld , to construct the space , including the cage in the case of Caged Collocation , in accordance with NEBS July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 117 Section 8 Collocation Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation, Qwest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating party, and Qwest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by CLEC. Qwest must in all cases of Shared space Collocation allocate space preparation , conditioning, security measures and other Collocation charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentageof the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC. Space Construction and Site Preparation Single Bay Credit. A credit is applied to the standard two-bay Space Construction and Site Preparation fee included in Exhibit A when CLEC requests a cageless single-bay configuration. The incremental material and labor costs to install a second bay will be credited. Space Construction Fencing Credit. Credit that is applied when CLEC hires an outside company to install the cage fencing. If that option is selected, CLEC will receive a recurring and nonrecurring charge credit for the portion of the rate in Section 8.1 that covers Qwest-performed installation of the fencing. Floor Space Lease. Provides the monthly lease for the leased physical space , property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC , 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters , fire and life systems and alarms mechanical systems , standard HVAC); pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure , as applicable. Intentionally Left Blank.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect the Premises common ground to CLEC cage. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. Rate Elements - ICDF Collocation 3.4.Rate elements for ICDF Collocation include security, QPF , DSO circuit legs, DS1 circuit legs, DS3 circuit legs , and fiber circuit legs. Circuit legs are defined termination blocks/panels and cables that are provisioned to meet CLEC's ICDF Collocation needs. These rate elements and their associated charges are used to develop a price quotation for the ICDF Collocation based on CLEC's Collocation Application. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 118 Section 8 Collocation Rate Elements - Adjacent and Adjacent Remote Collocation The charges for Adjacent and Adjacent Remote Collocation will be developed on an Individual Case Basis, except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined depending on the specific needs of CLEC and the unique nature of the available adjacent space (e., existing structure or new structure to be constructed). Rate Elements - Remote Collocation Space Per Standard Mounting Unit - 1.75 (one and seventy-five one hundredths) vertical inches. This nonrecurring rate is associated with the cabinet space and includes the cost of the cabinet and all of the work and materials associated with placement of the cabinet. The recurring rate associated with the space covers maintenance of the materials and equipment associated the cabinet as well as a portion of the costs required for the power pedestal. Feeder Distribution Interface (FDI) Terminations (per twenty-five (25) pair). This nonrecurring rate includes costs associated with initial FDI upgrade work required to provide the terminations requested at the FDI. The recurring rate associated with the FDI covers maintenance of the cable between the FDI and the remote collocation cabinet, as well as maintenance of the terminations at the FDI. These charges will apply for both DSO and DS1. 2 -48 Volt DC Power Usage Less Than or Equal to Sixty (60) Amps. Provides -48 volt DC power to CLEC's collocated equipment and is fused at one hundred twenty-five percent (125%) of the request. The -48 volt DC power usage charge applies to the quantity of -48 volt capacity specified by CLEC in its order on a per-ampere (amp) basis. Quote Preparation Fee. A non-refundable nonrecurring charge for the work required to plan , design , engineer, and develop a price quotation for CLEC's Collocation request. Additional Virtual Remote Terminal Features. Work functions that may be required in the installation or repair of the Virtual Remote Collocation. Flat Charge, Per Job. Nonrecurring charge to recover service order costs when an additional service order must be issued when necessary for CLEC's additional request for installation and maintenance-related work. Engineering Rate. Provides the planning and engineering of CLEC virtually remote collocated equipment at the time of installation , change or removal. Business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time), and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays Installation. Provides for the installation , change or removal of CLEC virtually remote collocated equipment. July 12, 2007/lhd/Utility T elephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 119 Section 8 Collocation 2.4 Training. Provides for the training of Owest personnel on a metropolitan service area basis provided by the vendor of CLEC'virtually remote collocated equipment when that equipment is different from Owest- provided equipment. Rate Elements - CLEC-to-CLEC Connections 16. The charges for CLEC-to-CLEC Connections are addressed in Section Rate Elements - Facility Connected (FC) Collocation Rate elements for Facility Connected (FC) Collocation include: OPF or Planning and Engineering; copper entrance facility; fiber entrance facility; termination block with gas protectors; termination panel; and DS1 voltage isolation. Charges associated with these rate elements are specified in Exhibit A of this Agreement. These rate elements and their associated charges are used to develop a price quotation for FC Collocation based on CLEC's FC Collocation Application and the type of Entrance Facility requested. Rate Elements - Splitter Collocation Tie Cable Reclassification Charge - A nonrecurring charge will apply, based on time and materials for reclassification of existing tie cable capacity, by among other things , reclassification of existing tie cables, frame re-stenciling, and any other work performed between CLEC's Collocation and the Interconnection Distribution Frame (ICDF) required to provision UNEs and other services. Trouble Isolation Charge - A Miscellaneous Charge will be applied for trouble isolation in accordance with Maintenance and Repair processes set forth in the Maintenance and Repair Section of this Agreement. Exhibit A includes charges for Trouble isolation. Additional Testing - CLEC may request Owest to perform additional testing, and Owest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing maintenance associated with Splitter installation , bay installation, lighting costs, aerial support structures and grounding charge for Splitters either in a bay, on the ICDF , or on the MDF/COSMICTM . These are both recurring and nonrecurring charges. Splitter Charge - A nonrecurring charge will apply for the cost of each Splitter purchased by Owest on behalf of CLEC. This charge will cover the cost of the Splitter, plus any associated costs incurred by Owest to order the Splitter. Engineering - A nonrecurring charge will apply for the planning and engineering associated with placing Splitters in the Central Office, either in a bay, on the ICDF, or on the MDF/COSMICTM Splitter Tie Cable Connections Charge - A nonrecurring charge will apply July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 120 Section 8 Collocation for the cost of each tie cable connected to the Splitters in three (3) different configurations: common area; Collocation space; and Main Distribution Frame. This charge will cover both the tie cables and associated blocks per one hundred (100) pair between the Splitter and the ICDF or Splitter bay. The rates for each of the aforementioned split services rate elements are set forth in Exhibit A to this Agreement. Ordering Ordering - All Collocation 8.4.CLEC must complete the requirements in the Implementation Schedule Section of this Agreement before submitting a Collocation Application Form to Qwest. 8.4.Nothing in this Agreement shall be construed to preclude CLEC from submitting an order for Collocation prior to CLEC's execution of this Agreement. If, however, the Collocation interval is completed before this Agreement or another interconnection agreement becomes effective, the rates terms , and conditions of this Agreement shall apply to such Collocation. 8.4.Any material changes, modifications or additional engineering (Material Changes) requested by CLEC , subsequent to its original Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application. For purposes of this section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Agreement or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes , modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. 8.4.There are three (3) primary steps in the ordering of Collocation - 1) Forecasting, 2) Application , and 3) Acceptance of Quotation. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate for purposes of Collocation intervals if the subsequent Collocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the forecast. If at the time the Collocation Application is made the forecasted type of Collocation is not available , CLEC may specify a different type of Collocation without affecting the Collocation intervals. The forecast shall include , for each Qwest Premises the following: July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 121 Section 8 Collocation Identification of the Qwest Premises;b) Floor space requirements , including the number of bays for a Cage less Collocation arrangement; Power requirements; Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical, Cageless Physical , Shared ICDF, Virtual , etc. Intentionally Left Blank; Entrance Facility Type (e., Express Fiber, Private Line); Type and Quantity of Terminations (optional); andi) Month or Quarter, during or after which CLEC expects to submit its Collocation Application. 8.4.1.4.The following terms shall apply to the forecasting process: 8.4.1.4; CLEC forecasts shall be provided as detailed in Sectionb) CLEC forecasts shall be Confidential Information and Qwest may not distribute , disclose or reveal , in any form, CLEC forecasts other than as allowed and described in subsections 5.16.1 and 5.16. 8.4.CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises. A Collocation Application shall be considered complete, if itcontains: Identification of the Qwest Premises;b) Floor space requirements , including the number of bays for a Cage less Collocation arrangement; Power requirements; Heat dissipation;e) Type of Collocation (e., Caged Physical, Cageless Physical , Shared Virtual , etc.f) Collocated equipment and technical equipment specifications (manufacturer make, model no., functionality Le., cross connect, DLC , DSLAM transmission , Switch, etc., physical dimensions , quantity). (NOTE: Packet or circuit switching equipment requires , in writing and attached to the Collocation Application, how this equipment is necessary for access to UNEs Interconnection. A high level equipment interface or connectivity schematic for July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 122 Section 8 Collocation the equipment should also be included. Entrance Facility type; Type and quantity of terminations;i) If desired, an alternate form of Collocation if the first choice is not available; and Billing contact. 8.4.Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days after receipt of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.Acceptance - After receipt of a Collocation Quotation Form from Qwest CLEC shall formally accept the quotation in order for Qwest to continue the processing of the Collocation Application. A Collocation Acceptance shall be considered complete if it contains: Signed Notification of Acceptance; and Payment of fifty percent (50%) of quoted charges. 8.4.Collocation Space Reservation - allows CLEC to reserve space and identify, to the extent available , infrastructure incidental to that space such as power and HV AC, in a Qwest Premises for up to one (1) year for transmission equipment (A TM and DSLAM), three (3) years for circuit switching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Qwest Premises through the Collocation Space Reservation Application Form. Requests for contiguous space will be honored , if available. 8.4.Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form, Qwest will provide space feasibility within ten (10) Days. 8.4.Collocation Space Reservation Quotation - If space is available Qwest will provide a specific price quotation based on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quotation and a Billing invoice for twenty-five percent (25%) payment of nonrecurring charges will be sent to CLEC within twenty-five (25) Days from the Collocation Space Reservation Application receipt. 8.4.Collocation Space Reservation Acceptance. CLECmust electronically submit Acceptance or non-Acceptance of the quotation within seven (7) Days of receipt of the quotation. If CLEC July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 123 Section 8 Collocation submits the Acceptance between eight (8) and thirty (30) Days of receipt of the quotation, Owest will honor the reservation upon receipt of the payment only if Owest does not receive a competing request for the same space from another CLEC. Owest will not honor reservations if CLEC submits the Acceptance more than thirty (30) Days after receipt of the quotation. 8.4.Upon receipt of the twenty-five percent (25%) payment, Owest will reserve the space on behalf of CLEC in accordance with the Collocation Space Reservation Application and take the necessary steps to ensure the availability of power, HV AC and other components reflected on the Collocation Space Reservation Application. Owest will hold the reservation for the applicable reservation period after the twenty-five percent (25%) payment. This payment will be applied to the subsequent Collocation Application. 8.4.7.4 CLEC may cancel the reservation at any time during the applicable reservation period. Upon notification of the cancellation , Owest will refund a prorated portion of the twenty-five percent (25%) payment as follows: a) Cancellation notification within ninety (90) Days from receipt of wire transfer, seventy-five percent (75%) of the initial down payment will be returned to CLEC. b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the initial down payment will be returned to CLEC. c) Cancellation notification within one hundred and eighty-one (181) and two hundred and seventy (270) Days from receipt of wire transfer, twenty- five percent (25%) of the initial down payment will be returned to CLEC. d) Cancellation notification after two hundred and seventy (270) Days from receipt of wire transfer, zero percent (0%) of the initial down payment will be returned to CLEC. 8.4.Collocation Space Option 8.4.1 CLEC , Owest and Owest Affiliates may option space in Owest Wire Center Premises in accordance with the terms of this Section 8.4.8 for the following equipment and time periods: Transmission equipment - one (1) year Circuit switching equipment - three (3) years Power plants - five (5) years 8.4.Optioned space is offered to CLECs for Caged , Cageless, and Virtual Collocation. To promote fairness and prevent warehousing, the following limits apply: July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 124 Section 8 Collocationa) The Party requesting the option may specify the amount of space to be optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space.b) A requesting CLEC may option one (1) Collocation space per Wire Center.c) The maximum amount of space per Wire Center to be Optioned is: - two hundred (200) square feet for Caged Collocation - four (4) bays for Cageless and Virtual Collocation 8.4.The Collocation Space Option Application form will beprocessed upon receipt of a properly completed request. Such form shall be considered properly completed if it contains identifying information of CLEC , theapplicable Owest Premises, the amount of Collocation space sought, the type of Collocation (Caged, Cageless , Virtual) and the type of equipment (from the categories identified in Section 8.4.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Owest. Upon receipt of the Collocation Space Option Application form , Owestwill confirm in writing, within ten (10) Days, the availability of, and price quotation (the "Option Fee ) for the Optioned space. If space is not available , Owest willdeny the request. 8.4.8.4 CLEC must submit Acceptance with full payment of thenonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee, within seven (7) Days of receipt of the quotation. When Owest takes an option on space for itself, Owest shall impute an amount equal to the Option Fee to the appropriate operations for which the optioned space applies. The option quotation expires seven (7) Days after delivery to CLEC. 8.4.Upon receipt of Acceptance and full payment of the nonrecurring portion of the Option Fee , Owest will option the space on behalf of CLEC including the contiguous space requests if available (or itself if appropriate) and the option time frame will begin. The prioritization of optioning will be basedupon the date and time of the Acceptance. The earlier in time an Acceptance is received by Owest, the higher in priority is such option. The option is limited tospace only and does not include other elements required to provision the Collocation. 8.4.In order for an option request to avoid expiration , CLEC must: Submit a Collocation Application during the option time frame; b) The option may be renewed if a Collocation Space Option Application is received at least ten (10) Days prior to the expiration of the term of the existing option. The priority of a renewed option is determined July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 125 Section 8 Collocation by the date CLEC accepts the quotation from Owest on CLEC's renewal application. 8.4.First Right of Refusal - If Owest receives a valid Collocation Application (CLEC A is the requesting party) for a Owest Wire Center in which all available space has been occupied or optioned , the following provisions for First Right of Refusal will apply: 8.4.8.7.All Owest out of space reporting requirements apply to the Collocation Application (Sections 8.11 and 8.12). addition , Owest will provide CLEC A with option space information (e. Caged and Cage less optioned space) that may fulfill the requirements of CLEC A's Collocation Application. At CLEC A's request, Owest will initiate the option enforcement notice process by notifying the option partyor parties with the most recent space option(s) that meets the requirements of CLEC A's Collocation Application. 8.4.The option enforcement notice serves as notification to the option party that Owest is in possession of a valid Collocation Application, and calls for the option party to exercise its Right of First Refusal, or relinquish its space option. The option party may exercise its Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4., or by submitting the Collocation Space Reservation Application set forth in Section 8.4., within ten (10) Days of receipt of the option enforcement notice. This process continues for all optioned space until all optioned space is exercised or optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period , whichever is earlier) to fulfill the Collocation Application. Once optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.Where contiguous space has been optioned, Owest will make its best effort to notify CLEC if Owest, its Affiliates or other CLECs require the use of CLEC's contiguous space. Upon notification CLEC will have seven (7) Days to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space option or continue without the contiguous provision. 8.4.7.4 The rate elements for the Collocation Space Op~ion are comprised of the following:a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application , feasibility, common space engineering, records management, and administration of the First Right of Refusal process.b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned , at July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 126 Section 8 Collocation two dollars ($2) per square foot per month. 8.4.In the event that the option party proceeds with a CollocationApplication for optioned space, all payments made pursuant to Section 8.4.7.4(b) above shall be applied to such Collocation Application. 8.4.The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per CLEC per week per state. If six (6) or more Collocation Applications are submitted by CLEC in a one (1) week period in the state, intervals shall be individually negotiated. Owest shall , however, accept more than five (5) Collocation Applications from CLEC per week per state, depending on the volume of Collocation Applications pending from other CLECs. 8.4.Ordering - Virtual Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4., Owest will perform a feasibility study to determine ifadequate space , power and HV AC can be found for the placement of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) Days of receipt of a complete Collocation Application. As part of the feasibility study, Owest will alsonotify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Owest determines that the Collocation Application is not complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.Quotation - If Collocation Entrance Facilities and space are available Owest will develop a price quotation within twenty-five (25) Days of completion of thefeasibility study. Subsequent requests to augment an existing Collocation also require receipt of a Collocation Application. Adding plug-ins, e., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 8.4., space will be reserved and construction by Owest will begin. 8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending uponfour (4) factors: 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC delivers its collocated equipment to Owest in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the complete Collocation Application; and 4) whether the Collocation Application requires major infrastructure additions or July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 127 Section 8 Collocation modifications. The installation of line cards and other minor modifications shall beperformed by Owest on shorter intervals and in no instance shall any such intervalexceed thirty (30) Days. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Owest shall useits best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.2.4.Forecasted Applications with Timely Acceptance - If aCollocation Application is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides acomplete Acceptance within seven (7) Days of receipt of the Owest Collocationquotation, and if all of CLEC's equipment is available at the Owest Premises no later than fifty-three (53) Days after receipt of the complete CollocationApplication, Owest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Owest within fifty-three (53) Days after receipt of the complete Collocation Application , Owest shall complete theCollocation installation within forty-five (45) Days of the receipt of all of CLEC' equipment. 8.4.2.4.Forecasted Applications with Late Acceptance - If a Premises isincluded in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation , and if all of CLEC's equipment is available at the Owest Premises no later than fifty-three (53) Days after receipt of the completeCollocation Acceptance , Owest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Owest within fifty-three (53)Days after receipt of the complete Collocation Acceptance, Owest shall complete the Collocation installation within forty-five (45) Days of the receipt of all of CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) Days after receipt of the Owest quotation, the Collocation Application shall be resubmitted by CLEC. 8.4.2.4.Unforecasted Applications with Timely Acceptance - If aPremises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a completeAcceptance within seven (7) Days of receipt of the Owest Collocation quotation and if all of CLEC's equipment is available at the Owest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Application , Owestshall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Owest within fifty-three (53) Days afterreceipt of the complete Collocation Application, Owest shall complete theCollocation installation within seventy-five (75) Days of the receipt of all of CLEC's equipment. 8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premisesis not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 128 Section 8 Collocation Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Acceptance, Qwest shalt complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) Days after receipt of the complete Collocation Acceptance Qwest shall complete the Collocation installation within seventy-five (75) Days of the receipt of all of CLEC's equipment. 8.4.2.4.Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space , permits, DC power plant, standby generators heating, venting or air conditioning equipment. The installation intervals in Sections 8.4.2.4.through 8.4.2.4.4 may be extended if required , to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required , and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Application , Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred t;lnd fifty (150) Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.2.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval , Qwest may seek a waiver from the Commission to obtain an extended interval. Ordering - Caged and Cageless Physical Collocation 8.4.Application -- Upon receipt of a complete Collocation Application as described in SectiOn 8.4.5 Qwest will perform a feasibility study to determine if adequate space , power, and HV AC can be found for the placement and operation of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 129 Section 8 Collocation in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.Quotation -- If Collocation Entrance Facilities and space are available Qwest will develop a quotation for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) Days of providing the feasibility study. Physical Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period , the Collocation Entrance Facility and space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- Upon receipt of a complete Collocation Acceptance , as described in Section 8.4.6 space will be reserved and construction by Qwest will begin. 8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon three (3) factors: 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7; 2) whether CLEC provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether the Collocation Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.3.4.Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC" provides a complete Acceptance within seven (7) Days of receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. 8.4.3.4.Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after receipt of the Qwest quotation , a new Collocation Application shall be resubmitted by CLEC. 8.4.3.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance within seven (7) Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Application. 8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Qwest July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 130 Section 8 Collocation Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Acceptance. 8.4.3.4.Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space, permits , DC power plant, standby generators heating, venting or air conditioning equipment. The installation intervals in Sections 8.4.3.4.through 8.4.3.4.4 may be extended if required , to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required , Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. 8.4.3.4.Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval , Qwest may seek a waiver from the Commission to obtain an extended interval. 4.4 Ordering - Interconnection Distribution Frame (ICDF) Collocation 8.4.4.Application -- Upon receipt of a complete Collocation Application as described in Section 8.4., Qwest will perform a feasibility study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast in accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS 1 and DS3 capacities that will be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Qwest Wire Center. 8.4.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 131 Section 8 Collocation 8.4.4.Quotation -- If space is available, Owest will develop a quotation for the supporting structure. Owest will complete the quotation no later than twenty-five (25) Days of providing the feasibility study. ICDF Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Owest will begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved , in accordance with Section 8.4.7 and 2) whether CLEC provides its Acceptance within seven (7) Days of the quotation. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Owest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.4.4.Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance within seven (7) Days of receipt of the Owest Collocation quotation , Owest shall complete its installation of the Collocation arrangement within forty-five (45) Days of the receipt of the complete Collocation Application. 8.4.4.4.Forecasted Applications with Late Acceptance - If a Premises is included in GLEe's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation , Owest shall complete its installation of the Collocation arrangement within forty-five (45) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Owest quotation , the Collocation Application shall be resubmitted by CLEC. 8.4.4.4.Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application , and if CLEC provides a complete Acceptance within seven (7) Days after receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Owest must request a waiver from the Commission. 8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation , Owest shall complete its installation of the Collocation July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 132 Section 8 Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval , in which case Owest must request a waiver from the Commission. Ordering - Adjacent Collocation 8.4.If space for Physical Collocation in a particular Owest Premises is not available at the time of CLEC's request CLEC may request Owest to conduct a feasibility study for Adjacent Collocation for that Premises site. Owest recommends that Owest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Owest's property. Owest will make available , withinten (10) business days, drawings of the Owest physical structures above and below ground for the requested Adjacent Collocation site. 8.4.If a new structure is to be constructed , the interval shall be developed on an Individual Case Basis , to account for the granting of permits or Rights of Way (ROW), if required , the provision of Collocation services by Owest, in accordance with CLEC' Collocation Application , and the construction by CLEC of the adjacent structure. If CLEC disputes the interval proposed by Owest, Owest must promptly petition the Commission for approval of such disputed interval. 8.4.If Adjacent Collocation is provided within an existing Owest Premises, the ordering procedures and intervals for Physical Collocation shall apply. 8.4.Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation , and to Adjacent Remote Collocation provided within an existing Owest Premises , except Sections 8.4.3.4.3 and 8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.If space for Physical Collocation or Virtual Collocation in a particular Owest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.4.1 and 8.4. Ordering - CLEC to CLEC Connections 8.4.7.Application -- Upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a, e , hand j). Owest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Owest Premises, or to another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. 8.4.7.If Owest determines that the Collocation Application . is not July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template. Version 3., April 30, 2007 133 Section 8 Collocation complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.7.2 Quotation -- If existing cable racking is available , Owest will provide CLEC with a quotation and the specific cable rack route to CLEC with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Owest shall provide a feasibility and quotation to CLEC no later than ten (10) Days of receipt of Collocation Application. CLEC-to-CLEC Connection quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC Connections: 8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance , CLEC may begin placement of its copper, coax, or fiber cables along the Owest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4. Owest will begin construction of the new cable rack. 8.4.7.4 Interval - Pursuant to Section 8.4., the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Owest shall be within sixty (60) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after receipt of the Owest quotation the Collocation Application shall be resubmitted by CLEC. Ordering - Direct Connections 8.4.Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation , upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.5 (Subsections a , e hand j), Owest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable , or any other Technically Feasible method , used for Direct Connection (as described in Section 8.11.2). The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. 8.4.If Owest determines that the Collocation Application is not complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises , CLEC must cure any deficiencies July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 134 Section 8 Collocation in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.8.2 Quotation - If existing cable racking is available , Qwest will provide CLEC with a quotation and the specific cable rack route with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quotation to CLEC no later than ten (10) Days after receipt of a complete Collocation Application. Direct Connection quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4. Connection: Acceptance - There are two (2) forms of Acceptance for Direct 8.4.Direct Connection with existing cable rack. CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. 8.4.Direct Connection using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4., Qwest will begin construction of the new cable rack. 8.4.8.4 Interval - The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring a MELDTM and or if new cable racking is required. 8.4.8.4.If CLEC provides a complete Acceptance within thirty (30) Days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level , to the COSMICTM or if new cable racking needs to be installed , Qwest will provision the direct trunking within sixty (60) Days of the receipt of the complete Collocation Acceptance. Ordering - Facility Connected (FC) Collocation 8.4.Application - Upon receipt of a complete Collocation Application as described in Section 8.4., Qwest will perform a feasibility study. The feasibility study will be provided within ten (10) Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.If Qwest determines that the Collocation Application is not complete , Qwest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 135 Section 8 Collocation 8.4.Quotation - If Collocation Entrance Facilities and space are available Qwest will develop a price quotation within twenty-five (25) Days of providing the feasibility study. Facility Connected Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period , the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.Acceptance - Upon receipt of a complete Collocation Acceptance, as described in Section 8.4., space will be reserved and construction by Qwest will begin. 8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) Days of receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to Qwest's C- POI in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the complete Collocation Application. Qwest will provide FC Collocation ninety (90) Days from receipt of a complete Collocation Application with timely Acceptance of the quotation by CLEC. With late Acceptance of the quotation by CLEC, Qwest will provide FC Collocation ninety (90) Days from Acceptance. CLEC must have its Entrance Facility at the C-POI no later than fifty-three (53) Days after Qwest receives the complete Collocation Application. If CLEC's Entrance Facility is not completed to the C-POI within fifty-three (53) Days after receipt of the complete Collocation Application , Qwest shall complete the FC Collocation within forty-five (45) Days of the completion and availability of CLEC's Entrance Facility at the C-POI. Billing Billing - All Collocation Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Qwest will provide CLEC a completion package that will initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Qwest , and Qwest has received the final fifty percent (50%) balance, Qwest will activate CLEC transport services and/or UNEs or ancillary services coincident with. completion of the Collocation. In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities (e., delivering fiber to the C-POI or providing the equipment cables for connecting to the Interconnection Distribution Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance, close the job , and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POI, Qwest will request the balance due minus the dollar amount specific to this work activity, and begin Billing the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Qwest to return and complete the splicing activity at the rate reflected in this Agreement. In the case of missing equipment cables, CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Qwest approved vendor and follow the designated racking route. Final test and turn-up will be performed under the Maintenance and Repair process contained herein. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 136 Section 8 Collocation Billing - Virtual Collocation Virtual Collocation will be considered complete when the Premises is Ready for Service (RFS). Cooperative testing between CLEC and Owest may be negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. Billing - Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Owest will schedule a walk through of the space with CLEC. During this joint walk through, Owest will turn over access to the space and provide security access to the Premises. Upon completion of the acceptance walk through CLEC will be provided the Caged or Cage less Physical Collocation completion package (Le., all ordering information). The monthly Billing for leased space, DC power, Entrance Facility, and other associated monthly charges will commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.7. If Owest, despite its best efforts , including notification through the contact number on the Collocation Application, is unable to schedule the walk through with CLEC within twenty-one (21) Days of the RFS, Owest shall activate the monthly recurring charges. Maintenance and Repair Virtual Collocation Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. Installation and maintenance of CLEC's virtually collocated equipment will be performed by Owest or a Owest authorized vendor. Upon failure ofCLEC's virtually collocated equipment, Owest will promptly notify CLEC of such failure and the corrective action that is needed. Owest will repair such equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Owest. CLEC is responsible for transportation and delivery of maintenance spares to Owest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. Physical Collocation CLEC is responsible for the maintenance and repair of its equipment located within CLEC's leased space. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 137 Section 8 Collocation Interconnection Distribution Frame CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Qwest is responsible for the overall repair and maintenance of the frame; including horizontal and vertical mounting ' positions, cable raceways , rings, and troughs, and general housekeeping of the frame. 6.4 Adjacent Collocation and Adjacent Remote Collocation 6.4.CLEC is responsible for the maintenance and repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. Facility Connected (FC) Collocation Qwest will be responsible for all Maintenance and Repair of FC Collocation facilities from the C-POI into and within the Wire Center, and for the associated Interconnection, ancillary services , and Finished Services terminated on the FC Collocation blocks or panels. CLEC does not have physical access to the Wire Center for FC Collocation. Splitter Collocation When Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation , CLEC will order and install additional Splitter cards as necessary to increase the capacity of the Splitters. CLEC will leave one (1) unused , spare Splitter card in every shelf to be used for Maintenance and Repair until such time as the card must be used to fill the shelf to capacity. When Splitters are installed in Qwest Wire Centers via standard Collocation arrangements, CLEC may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Office equipment set by the FCC in its March 31 1999 Order in CC Docket No. 98-147. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3,, April 30, 2007 138 Section 9 Unbundled Network Elements SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS General Terms Changes in law, regulations or other "Existing Rules" relating to Unbundled Network Elements (UNEs), including additions and deletions of elements Qwest is required to unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, the Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC. UNEs shall only be obtained for the provision of Telecommunications Services , which do not include telecommunications utilized by CLEC for its own administrative use. CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or Interexchange Services. If CLEC accesses and uses a UNE consistently with Section 9., CLEC may provide any Telecommunications Services over the same UNE.1.4 To submit an order to obtain a high capacity Loop or transport UNE CLEC must undertake a reasonably diligent inquiry and , based on that inquiry, self- certify that, to the best of its knowledge , its request is consistent with the requirements discussed in Sections IV , V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular Network Elements sought pursuant to Section 251 (c)(3) of the Act. As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center identified on the list provided by Qwest of Wire Centers that meet the applicable non- impairment thresholds as specified in Section 9., and that a requested unbundled DS1 DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified on the list of Wire Centers that meet the applicable non-impairment threshold as specified in Section 9.6. CLEC shall provide a letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate records that document what CLEC relied upon to support its certification. 1.4.Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order Qwest must immediately process the request if the UNE is in a location that does not meet the applicable non-impairment thresholds as specified in Section 9.2 or Section 9.6. To the extent that Qwest seeks to challenge any other such UNEs it subsequently can raise that issue through the dispute resolution procedures provided for in this Agreement. 1.4.Additional Non-Impaired Wire Centers. If additional Qwest Wire Centers are found to meet the relevant factual criteria discussed in Sections V and VI of the FCC's Triennial Review Remand Order under which Qwest is no July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 139 Section 9 Unbundled Network Elements longer required to offer Unbundled DS1 or DS3 Loops, and/or if additional Qwest Wire Centers are reclassified as Tiers 1 or 2, thus impacting the availability of Unbundled DS1 , DS3 , or Dark Fiber transport, Qwest shall provide notice to CLEC. Thirty (30) Days after notification from Qwest, CLEC will no longer order impacted high capacity or Dark Fiber UNEs in or between those additional Wire Centers. CLEC will have ninety (90) Days to transition exiting DS1 and DS3 UNEs to an alternative service. CLEC will have one hundred eighty (180) Days to transition Dark Fiber transport to an alternative service. Qwest and CLEC will work together to identify those circuits impacted by such change. Absent CLEC transition of impacted UNEs within the transition period above, Qwest will convert facilities to month-to-month service arrangements in Qwest's Special Access Tariff or begin the disconnect process of Dark Fiber facilities. CLEC is subject to back billing for the difference between the UNE and Tariff rates beginning on the ninety-first (91 st) Day as well as for all applicable nonrecurring charges associated with such conversions. If it is determined by CLEC or Qwest that CLEC's access to or use of UNEs is inconsistent with Existing Rules , except due to change of law, CLEC has thirty (30) Days to convert such UNEs to alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the Qwest alternate service arrangements. CLEC is also responsible for all non-recurring charges associated with such conversions. When CLEC submits an order to convert a special access circuit to a UNE and that circuit has previously been exempt from the special access surcharge pursuant to 47 C.R. ~ 69.115 , CLEC shall document in its certification when and how the circuit was modified to permit interconnection of the circuit with a local exchange subscriber line. To the extent it is Technically Feasible , CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. Notwithstanding the foregoing, the following are not available for resale Commingling: Non-telecommunications services; Enhanced or Information services; Features or functions not offered for resale on a stand-alone basis or separate from basic Exchange Service; and Network Elements offered pursuant to Section 271. CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e., switched and special access services offered pursuant to Tariff), and request Qwest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the CFA (Connecting Facility Assignment) of CLEC's network demarcation (e., Collocation or multiplexing facilities) for each UNE UNE Combination , or wholesale service when requesting Qwest to perform the Commingling of such services. Qwest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Qwest's network with July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 140 Section 9 Unbundled Network Elements access services. When a UNE and other service are Commingled, the service interval for each facility being Commingled will apply only as long as a unique provisioning process is not required for the UNE or service due to the Commingling. Performance measurements and\or remedies do not applicable to the total Commingled arrangement but do apply to each facility or service ordered within the Commingled arrangement. Work performed by Qwest to provide Commingled services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies , if any, contained in this Agreement or elsewhere , by virtue of that service s inclusion in a requested Commingled service arrangement. Provisioning intervals applicable to services included within a requested Commingled service arrangement will not begin to run until CLEC provides a complete and accurate service request necessary CFAs to Qwest, and Qwest completes work required to perform the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. Qwest will not combine or Commingle services or Network Elements that are offered by Qwest solely pursuant to Section 271 of the Communications Act of 1934 , as amended, with Unbundled Network Elements or combinations of Unbundled Network Elements. Services are available for Commingling only in the manner in which they are provided in Qwest's applicable product Tariffs , catalogs, price lists, or other Telecommunications Services offerings. Entrance Facilities and mid-span meet SPOI obtained pursuant to Section 7 of this Agreement are not available for Commingling. Ratcheting. To the extent that CLEC requests Qwest to commingle a UNE or a UNE Combination with one or more facilities or services that CLEC has obtained at wholesale from Qwest pursuant to a method other than unbundling under Section 251 (c)(3) of the Act, Qwest will not be required to bill that wholesale circuit at multiple rates, otherwise known as ratcheting. Such commingling will not affect the prices of UNEs or UNE Combinations involved. To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate if and only if all circuits entering the multiplexer are UNEs and (2) in all other situations the multiplexed facility will be ordered and billed pursuant to the appropriate Tariff.10 Service Eligibility Criteria. The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (OS1 and OS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions), or new commingled EELs (e. high capacity loops attached to special access transport). 10.Except as otherwise provided in this Section 9., Qwest shall July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 141 Section 9 Unbundled Network Elements provide access to Unbundled Network Elements and Combinations of Unbundled Network Elements without regard to whether CLEC seeks access to the Unbundled Network Elements to establish a new circuit or to convert an existing circuit from a service to Unbundled Network Elements. 10.CLEC must certify that the following Service Eligibility Criteria are satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a Commingled circuit that includes a high capacity Loop and transport facility or service. Such certification shall be in accordance with all of the following Sections. 10.State Certification. CLEC has received state certification to provide local voice service in the area being served or, in the absenceof a state certification requirement, has complied with registration tariffing, filing fee, or other regulatory requirements applicable to the provision of local voice service in that area. 10.Per Circuit Criteria. The following criteria are satisfied for each combined circuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 10.Telephone Number Assignment. Each circuit to be provided to each End User Customer will be assigned a local telephone number prior to the provision of service over that circuit. This requires that each DS1 circuit must have at least one (1) local telephone number and each DS3 circuit has at least twenty-eight (28) local telephone numbers. The origination and termination of local voice traffic on each local telephone number assigned to a circuit shall not include a toll charge and shall not require dialing special digits beyond those normally required for a local voice call. 10.2.4 911 or E911. Each circuit to be' provided to each End User Customer will have 911 or E911 capability prior to the provision of service over that circuit. 10.Collocation.a) Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Qwest's Premises within the same LATA as the End User Customer s premises, when Qwest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location;b) Each circuit to be provided to each End User Customer will terminate in a Collocation arrangement that is located at the third party s premises within the same LATA as the End User Customer s premises , when Qwest is the collocator; and When a DS1 or DS3 EEL Loop is connected to a July 12 , 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 142 Section 9 Unbundled Network Elements multiplexed facility, the multiplexed facility must be terminated in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Owest's Premises within the same LATA as the End User Customer s premises , when Owest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location. 10.Interconnection Trunking. CLEC must arrange for the meaningful exchange of traffic which must include hand-offs of local voice calls that flow in both directions. Where CLEC does not arrange for a meaningful exchange of traffic , those arrangements cannot be attributed toward satisfaction of this criterion. At a minimum , each DS1 circuit must be served by a DSO equivalent LIS trunk in the same LATA as the End User Customer served by the circuit. For each twenty-four (24) DS1 circuits , CLEC must maintain at least one (1) active DS1 LIS trunk in the same LATA as the End User Customer served by the circuit. 10.Calling Party Number. Each circuit to be provided to each End User Customer will be served by an Interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. For each twenty-four (24) DS1 EELs or other facilities having equivalent capacity, CLEC will have at least one (1) active DS1 LIS trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. If the Calling Party Number is not exchanged over an Interconnection trunk that trunk shall not be counted towards meeting these criteria. 10.End Office Switch. Each circuit to be provided to each End User Customer will be served by an End Office Switch capable of switching local voice traffic. CLEC must certify that the switching equipment is either registered in the LERG as a Class 5 Switch or that it can switch local voice traffic. 10.CLEC must provide certification to Owest through a certification letter, or other mutually agreed upon communication , that each individual high capacity loop in combination , or Commingled , with a Owest-provided high capacity transport facility or service, meets the Service Eligibility Criteria set forth above before Owest will provision or convert the high capacity facility combination or Commingled. 10.4 CLEC's high capacity combination or Commingled facility Service Eligibility shall remain valid only so long as CLEC continues to meet the Service Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high capacity combination or Commingled facility is no longer valid CLEC must submit a service order converting the facility to the appropriate private line/special access service within thirty (30) Days. 10.Service Eligibility Audits. In order to confirm reasonable compliance with these requirements , Owest may perform Service Eligibility Audits of CLEC'records. Service Eligibility Audits shall be performed in July 12, 2007l1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 143 Section 9 Unbundled Network Elements accordance with the following guidelines: 10.Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 10.CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e., network and circuit configuration data , local telephone numbers) which demonstrate that CLEC'high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 10.An independent auditor hired and paid for by Qwest shall perform any Service Eligibility Audits, provided , however, that if a Service Eligibility Audit reveals that CLEC'high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria , then CLEC shall reimburse Qwest for the cost of the audit. To the extent the independent auditor s report concludes that CLEC complied in all material respects with the Service Eligibility Criteria Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 10.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AI CPA) and during normal business hours unless there is a mutual agreement otherwise. 10.Qwest shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance , Qwest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 10.At the same time that Qwest provides notice of a Service Eligibility Audit to CLEC under this paragraph , Qwest shall send a copy of the notice to the Federal Communications Commission. 10.Service Eligibility Audits conducted by Qwest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest may have pursuant to other provisions of this Agreement. 10.Qwest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest shall not require a Service Eligibility Audit July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 144 Section 9 Unbundled Network Elements as a prior prerequisite to Provisioning combination and Commingled facilities. 10.CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 10.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuitsto private line/special access circuits and CLEC must true-up any difference in payments within thirty (30) days. Owest shall provide non-discriminatory access to Unbundled Network Elements on rates , terms and conditions that are non-discriminatory, just and reasonable. The quality of an Unbundled Network Element Owest provides, as well as the access provided to that element, will be equal between all Carriers requesting access to that element; second , where Technically Feasible, the access and Unbundled Network Element provided by Owest will be provided in "substantially the same time and manner" to that which Owest provides to itself or to its Affiliates. In those situations where Owest does not provide access to Network Elements to itself, Owest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. For the period of time Owest provides access to CLEC to an Unbundled Network Element, CLEC shall have exclusive use of the Network Element, except when the provisions herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Owest shall provide access and UNEs at the service performance levels set forth in Section 20. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are subject to this requirement. In addition Owest shall comply with all state wholesale service quality requirements. If facilities are not available , Owest will build facilities dedicated to an End User Customer if Owest would be legally obligated to build such facilities to meet its Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local Exchange Service. CLEC will be responsible for any construction charges for which an End User Customer would be responsible. In other situations, Owest does not agree that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to Section 9.19 of this Agreement. Upon receipt of an LSR or ASR, Owest will follow the same process that it would follow for an equivalent retail service to determine if assignable facilities exist that fit the criteria necessary for the service requested. If available facilities are not readily identified through the normal assignment process, but facilities can be made ready by the requested Due Date , CLEC will not receive an additional FOC, and the order Due Date will not be changed. If cable capacity is available, Owest will complete incremental facility work (i.e., conditioning, place a drop, add a Network Interface Device , and other routine network modifications as described below) in order to complete facilities to the End User Customer s premises. Owest shall make all routine network modifications to July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 145 Section 9 Unbundled Network Elements unbundled Loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Qwest shall perform these routine network modifications to unbundled Loop or transport facilities in a non-discriminatory fashion , without regard to whether the Loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. routine network modification is an activity that Qwest regularly undertakes for its own retail End User Customers. Routine network modifications include, but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches to a DS1 loop to activate such loop for its own retail End User Customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. During the normal assignment process , if no available facilities are identified for the UNE requested , Qwest will look for existing engineering job orders that could fill the request in the future. If an engineering job currently exists , Qwest will add CLEC's request to that engineering job and send CLEC a jeopardy notice. Upon completion of the engineering job , Qwest will send CLEC another FOC with a new Due Date. If facilities are not available and no engineering job exists that could fill the request in the future , Qwest will treat CLECs request as follows: For UNEs that meet the requirements set forth in Section 9., CLEC will receive a jeopardy notice. Qwest will initiate an engineering job order for delivery of primary service to the End User Customer. When the engineering job is completed , CLEC will receive another FOC identifying a new Due Date when the Loop will be ready for installation. Upon receipt of the second FOC CLEC can request a different Due Date by submitting a supplemental order to change the Due Date to a later date. For UNEs that do not meet the requirements in Section 9., Qwest will send CLEC a rejection notice canceling the LSR or ASR. Upon receipt of the rejection notice , CLEC may submit a request to build UNEs pursuant to Section 9.19 of this Agreement.1.4 Qwest will provide CLEC notification of major Loop facility builds through the ICONN database. This notification shall include the identification of any funded outside plant engineering jobs that exceeds one hundred thousand dollars ($100 000) in total cost, the estimated Ready for Service Date, the number of pairs or fibers added , and the location of the new facilities (e. Distribution Area for copper distribution , route number for copper feeder, and July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 146 Section 9 Unbundled Network Elements termination CLL! codes for fiber). CLEC acknowledges that Owest does not warrant or guarantee the estimated Ready for Service Dates. CLEC also acknowledges that funded Owest outside plant engineering jobs may be modified or cancelled at any time. Intentionally Left Blank. Intentionally Left Blank.1.4 Owest will provide a connection between Unbundled Network Elements and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element and the ICDF or other Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall be:a) at GLEe-provided Cross Connection equipment located in CLEC's Virtual or Physical Collocation Space; orb) if CLEC elects to use ICDF Collocation , at the Interconnection Distribution Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation , at the ICDF; ord) if CLEC elects to use a direct connection from its Collocation space to the distribution frame serving a particular element, at the distribution frame; or at another Central Office Demarcation Point mutually-agreed to by the Parties. CLEC may connect Network Elements in any Technically Feasible manner. Owest will provide CLEC with the same features , functions and capabilities of a particular element or combinations of elements that Owest provides to itself. Owest will provide CLEC with all of the features and functionalities of a particular element or combination of elements (regardless of whether such combination of elements is ordered from Owest in combination or as elements to be combined by CLEC), so that CLEC can provide any Telecommunications Services that can be offered by means of such element or combination of elements. Owest will provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such elements to provide any Telecommunications Services. Owest shall not in any way restrict CLEC's use of any element or combination of elements (regardless of whether such combination of elements is ordered from Owest in combination or as elements to be combined by CLEC) except as Owest may be expressly permitted or required by Existing Rules. Except as set forth in Section 9., the UNE Combinations Section, Owest provides UNEs on an individual element basis. Charges , if any, for testing pursuant to this paragraph are contained in Exhibit A to this Agreement. When elements are provisioned by Owest on an individual element basis (whether or not such elements are combined by CLEC with other elements provided by Owest or CLEC): July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 147 Section 9 Unbundled Network Elementsa) Qwest will perform testing necessary or reasonably requested by CLEC to determine that such UNE is capable of meeting the technical parameters established for each UNE.b) Qwest will repair and maintain such element to ensure that UNE continues to meet the technical parameters established for each UNE. CLEC is responsible for the end-to-end transmission and circuit functionality testing for UNE Combinations created by CLEC.c) Qwest will cooperate with CLEC in any Technically Feasible testing necessary or reasonably requested by CLEC to assist in determining end-to-end transmission and circuit functionality of such UNE. When elements are provisioned by Qwest in combination:a) Qwest will perform testing necessary or reasonably requested by CLEC to determine that such combination and each UNE included in such combination is capable of meeting the technical parameters of the combination.b) Qwest will repair and maintain such combination and each UNE included in such combination to ensure that such UNE continues to meet the technical parameters of the combination.c) Qwest will cooperate with CLEC in any Technically Feasible testing necessary or reasonably requested by CLEC to determine end-to-end transmission and circuit functionality of such combination. 1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C. Maintenance and repair is described herein. The repair center contact telephone numbers are provided in the PCAT, which is located on the Qwest web site. In order to maintain and modernize the network properly, Qwest may make necessary modifications and changes to the UNEs in its network on an as needed basis. Such changes may result in minor changes to transmission parameters. Network maintenance and modernization activities will result in UNE transmission parameters that are within transmission limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect network Interoperability pursuant to applicable FCC rules. Changes that affect network Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits and new area code implementation. FCC rules are contained in C.R. Parts 51 and 52. Qwest provides such disclosures on an Internet web site.10 Channel Regeneration. Qwest's design will ensure the cable between the Qwest-provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Qwest's network. Cable distance limitations are based on ANSI Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B.11 Recurring and nonrecurring charges apply for Unbundled Network Elements , as provided under "Rate Elements" subsections of this Section 9. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 148 Section 9 Unbundled Network Elements12 Miscellaneous Charges apply for miscellaneous services listed below in this Section, if such miscellaneous services are available with Unbundled Network Elements as provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are provided at CLEC'request or are provided based on CLEC'actions that result in miscellaneous services being provided by Qwest. Miscellaneous Charges are in addition to recurring and nonrecurring charges that apply under this Agreement. When more than one miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services provided during Qwest's regular business hours , 8 a.m. to 5 p., local time, Monday through Friday, excluding holidays; overtime Miscellaneous Charges apply for such services provided between 5 p.m. and 8 a., local time, Monday through Friday, or any time Saturday, excluding holidays; and premium Miscellaneous Charges apply for such services provided any time on Sundays or holidays.a) Additional engineering - engineering work including: 1) additional technical information after Qwest has already provided the technical information normally on the design layout record; 2) customized service; or 3) review of Qwest outside plant records. Basic or overtime rates apply. b) Additional labor - installation - installation work scheduled to be performed outside of Qwest's regular business hours. Overtime or premium rates apply.c) Additional labor - other - work not included in "additional labor - installation above that involves labor only, including testing and maintenance that are not part of initially requested installation or maintenance, or, for example , for Optional Testing when CLEC reports trouble and provides no test results and authorizes Qwest to perform tests on CLEC's behalf. Basic, overtime, or premium rates apply. d) Additional cooperative acceptance testing - performing specific tests requested by CLEC. Qwest's participation in such testing is subject to the availability of necessary qualified Qwest personnel and test equipment at test locations, which normally include the Qwest Central Office and may include CLEC's specified location. Tests include , but are not limited to , loop back, attenuation , intermodulation , phase jitter , noise, delay, echo, and frequency shift tests. Basic, overtime , or premium rates apply.e) Non-scheduled testing - performing specific tests requested by CLEC as described above under "cooperative testing " or "manual testing" on a non-scheduled basis. Tests include , but are not limited to, loss , noise, slope, delay, and echo. Such tests are performed as the result of a repair request and are in addition to tests required to isolate and repair trouble. Basic , overtime, or premium rates apply.f) Cancellation - cancellation of a pending order for the installation of services at any time prior to notification by Qwest that service is available for use. The cancellation date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC or CLEC's End User Customer is unable to accept service within thirty (30) Days afterthe original Due Date, the order will be cancelled by Qwest. Prices for this miscellaneous service are market-based, using Qwest's Tariffed , cataloged , price listed or other similarly documented prices, and are subject to change. Additional information concerning the application of prices for cancellations can be found in Qwest's Tariff FCC No., Section 5. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 149 Section 9 Unbundled Network Elements g) Design change - information provided by CLEC or a request from CLEC that results in an engineering review and/or a design change to service on a pending service order, per order, per occurrence. Design changes include, but are not limited to: 1) changes to the address on a pending service order when the new address is in the same Owest Wire Center as the original address; or 2) conversions from an Unbundled Network Element to a private line/Special Access circuit. In addition to a design change Miscellaneous Charge, an address change may result in the application of an expedite Miscellaneous Charge in order to retain the original Due Date. Prices for this miscellaneous service are market-based , using Owest's Tariffed , cataloged , price listed or other similarly documented prices, and are subject to change. h) Dispatch - 1) information provided by CLEC, or a request from CLEC , in relation to installation of services, resulting in dispatch of a Owest technician(s) when dispatch is not required for Owest to complete its installation work; 2) information provided by CLEC resulting in dispatch, or a request from CLEC for dispatch , of a Owest technician(s) in relation to a repair request where no trouble is found in Owest's facilities; and 3) a Owest technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or ready. Prices for this miscellaneous service are market-based , using Owest's Tariffed cataloged, price listed , or other similarly documented prices , and are subject to change.i) Expedite - a Due Date that reflects a shorter service interval than is available in Owest's Service Interval Guide; or that is a request for an earlier Due Date than has been established on a pending order; or that is required to meet a Due Date on a pending order due to design or other changes submitted by CLEC. Owest will accommodate CLEC's request for an expedited installation if it can do so without delaying Due Dates or orders of other CLECs or End User Customers. Charges for expedited installations are in addition to nonrecurring charges for the service ordered. Prices for this miscellaneous service are market-based , using Owest's Tariffed cataloged , price listed , or other similarly documented prices, and are subject to change. j) Maintenance of Service/Trouble Isolation - work performed by Owest when CLEC reports trouble to Owest and no trouble is found in Owest's facilities. CLEC is responsible for payment of charges when the trouble is in equipment or systems provided by a party(ies) other than Owest. Additionally, when CLEC reports trouble within a quantity of services and circuits , but fails to identify the specific service and circuit experiencing trouble , charges apply for the time spent by Owest to isolate the trouble. A call-out of Owest technician at a time not consecutive with that technician scheduled work period is subject to a minimum charge of four (4) hours. Failure of Owest personnel to find trouble in Owest facilities will result in no charge if the trouble is subsequently found in those facilities. Charges apply per Owest technician, from the time of dispatch until the work is complete. Trouble Isolation Charges (TIC) apply for trouble isolation work on POTS and Maintenance of Service charges apply for trouble isolation work on other services. Dispatch Miscellaneous Charges may apply in addition to Maintenance of Service charges or TIC. Basic, overtime , or premium rates apply. Prices for this miscellaneous service are market-based , using Owest's Tariffed cataloged , price listed , or other similarly documented prices, and are subject to change. Intentionally Left Blank. Intentionally Left Blank. July 12, 200711hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 150 Section 9 Unbundled Network Elements15 Expedite requests for designed Unbundled Network Elements are allowed. Expedites are requests for intervals that are shorter than the interval defined in Qwest's Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. 15.CLEC will request an expedite for designed Unbundled Network Elements, including an expedited Due Date, on the Local Service Request (LSR) or the Access Service Request (ASR), as appropriate. 15.The request for an expedite will be allowed only when the request meets the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog for expedites at Qwest's wholesale web site. Intentionally Left Blank. Unbundled Loops Description The Unbundled Loop is defined as a transmission facility between a distribution frame (or its equivalent) in a Qwest Central Office and the Loop Demarcation Point at an End User Customer s premises. The Unbundled Loop includes all features, functions , and capabilities of such transmission facility. Those features , functions, and capabilities include, but are not limited , attached electronics that are necessary for the full functionality of the loop (except those electronics used for the provision of Advanced Services , such as Digital Subscriber Line Access Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1 , and DS3 Loops. Loop Demarcation Point - For purposes of this Section , Loop Demarcation Point is the point where Qwest owned or controlled facilities cease, and CLEC, End User Customer, owner or landlord ownership of facilities begins. FTTH and FTTC Loops. For purposes of this Section , a Fiber-to-the- Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable , whether dark or lit, and serving an End User Customer s premises, or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more than 500 feet from the End User Customer s premises or, in the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective End User Customer s premises. FTTH/FTTC New Builds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop to an End User Customer s premises that had not previously been served by any loop facility prior to October 2 , 2003. FTTH/FTTC Overbuilds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 151 Section 9 Unbundled Network Elements situation where Owest deploys such a loop parallel to , or in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Owest deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper loop facility: Owest shall: (i) leave the existing copper loop connected to the End User Customer s premises after deploying the FTTH/FTTC loop to such premises , and (ii) upon request provide access to such copper loop as an Unbundled Network Element. Notwithstanding the foregoing, Owest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access, as set forth above , in which case Owest shall restore such copper loop to serviceable condition on an Individual Case Basis. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Owest's obligations under this subsection shall terminate when Owest retires such copper Loop in accordance with the provisions of Section 9.3 below. 2.2.In the event Owest in accordance with the provisions of Section 9.3 below, retires the existing copper loop connected to the End User Customer s premises, Owest shall provide access, as an Unbundled Network Element, over the FTTH/FTTC loop to a 64 kbps transmission path capable of voice grade service. Retirement of Copper Loops or Copper Subloops and Replacement with FTTH/FTTC Loops. In the ' event Owest decides to replace any copper loop or copper Subloop with a FTTH/FTTC Loop, Owest will: (i)provide notice of such planned replacement on its web site (www.qwest.com/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (iii) provide public notice of such planned replacement to the FCC. Such notices shall be in addition to any applicable state Commission notification that may be required. Any such notice provided to the FCC shall be deemed approved on the ninetieth (90th) Day after the FCC's release of its public notice of the filing, unless an objection is filed pursuant to the FCC's rules. In accordance with the FCC's rules: (i) CLEC objection to a Owest notice that it plans to replace any copper Loop or copper subloop with a FTTH/FTTC Loop shall be filed with the FCC and served upon Owest no later than the ninth (9th business day following the release of the FCC's public notice of the filing and (ii) any such objection shall be deemed denied ninety (90) Days after the date on which the FCC releases public notice of the filing, unless the FCC rules otherwise within that period. Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the distribution plant. Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, including DS1 or DS3 capacity, but not DSL , Owest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features, functions, and capabilities July 12, 2007/1hd/Utility TelephoneliD Agreement NumberCDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 152 Section 9 Unbundled Network Elements of that Hybrid Loop, only where impairment has been found to exist to establish a complete transmission path between Owest's Central Office and an End User Customer s premises. This access shall include access to all features, functions and capabilities of the Hybrid Loop that are not used to transmit packetized information. Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services, Owest may either:a) Provide non-discriminatory access, on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to DSO capacity), using time division multiplexing technology; orb) Provide non-discriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. 1.4 Intentionally Left Blank. Terms and Conditions Owest shall provide CLEC , on a non-discriminatory basis , Unbundled Loops (unbundled from local switching and transport) of substantially the same quality as the Loop that Owest uses to provide service to its own End User Customers. For Unbundled Loops that have a retail analogue , Owest will provide these Unbundled Loops in substantially the same time and manner as Owest provides to its own End User Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the performance metrics set forth in Section 20 and with a minimum of service disruption. Use of the word "capable" to describe Loops in Section 9. means that Owest assures that the Loop meets the technical standards associated with the specified Network Channel/Network Channel Interface codes, as contained in the relevant technical publications and industry standards. Use of the word "compatible" to describe Loops in Section 9. means the Unbundled Loop complies with technical parameters of the specified Network Channel/Network Channel Interface codes as specified in the relevant technical publications and industry standards. Owest makes no assumptions as to the capabilities of CLEC's Central Office equipment or the Customer Premises Equipment. Analog (Voice Grade) Unbundled Loops. Analog (voice grade) Unbundled Loops are available as a two-wire or four-wire voice grade , point-to-point configuration suitable for local exchange type services. For the two-wire configuration CLEC must specify the signaling option. The actual Loop facilities may utilize various technologies or combinations of technologies. If Owest uses Integrated Digital Loop Carrier (IDLC) systems to provide the Unbundled Loop, Owest will first attempt, to the extent possible, to make alternate arrangements such as Line and Station Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available , Owest may also seek alternatives such as Integrated Network Access July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 153 Section 9 Unbundled Network Elements (INA), hair pinning, or placement of a Central Office terminal , to permit CLEC to obtain an Unbundled Loop. If no such facilities are available , Qwest will make every feasible effort to provision Unbundled Loops over the IDLC in order to provide the Unbundled Loop for CLEC. In areas where Qwest has deployed amounts of IDLC that are sufficient. to cause reasonable concern about CLEC' ability to provide service through available copper facilities on a broad scale , CLEC shall have the ability to gain access to Qwest information sufficient to provide CLEC with a reasonably complete identification of such available copper facilities. Qwest shall be entitled to mediate access in a manner reasonably related to the need to protect Confidential or Proprietary Information. CLEC shall be responsible for Qwest's incremental costs to provide such information or access mediation. If there are state service quality rules in effect at the time CLEC requests an Analog Unbundled Loop, Qwest will provide an Analog Unbundled Loop that meets the state technical standards. If necessary to meet the state standards, Qwest will , at no cost to CLEC, remove load coils and Bridged Taps from the Loop in accordance with the requirements of the specific technical standard. Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI) ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-1 Capable Loops. Unbundled digital Loops are transmission paths capable of carrying specifically formatted and line coded digital signals. Unbundled digital Loops may be provided using a variety of transmission technologies including, but not limited to, metallic wire, metallic wire based digital Loop carrier, and fiber optic fed digital carrier systems. Qwest will provision digital Loops in a non-discriminatory manner, using the same facilities assignment processes that Qwest uses for itself to provide the requisite service. Digital Loops may use a single or multiple transmission technologies. DC continuity does not apply to digital capable Loops. If conditioning is required , then CLEC shall be charged for such conditioning as set forth in Exhibit A if it authorized Qwest to perform such conditioning. Intentionally Left Blank. DS1 Unbundled Loops. Subject to the cap described Section 9., Qwest shall provide CLEC with non-discriminatory access to a DS1 Loop on an unbundled basis to any building not served by a Wire Center with at least 60 000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds, no future DS1 Loop unbundling will be required in that Wire Center. 1 Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1 Loops are available as Unbundled Loops. DS3 Unbundled Loops. Subject to the cap describedin Section 9., Qwest shall provide CLEC with non- July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 154 Section 9 Unbundled Network Elements discriminatory access to a DS3 Loop on an unbundled basis to any building not served by a Wire Center with at least 38 000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. 1 Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled Loops. Owest shall make a list available to CLEC of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an End User Customer served by a digital loop carrier system , Owest will conduct an assignment process which considers the potential for an LST or alternative copper facility. If no copper facility capable of supporting the requested service is available , then Owest will reject the order. 2.4 Non-Loaded Loops. CLEC may request that Owest provide a non-loaded Unbundled Loop. In the event that no such facilities are available, CLEC may request that Owest condition existing spare facilities. CLEC may indicate on the LSR that it pre- approves conditioning if conditioning is necessary. If CLEC has not pre-approved conditioning, Owest will obtain CLEC's consent prior to undertaking any conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is necessary, Owest will dispatch a technician to condition the Loop by removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be charged the nonrecurring conditioning charge (i.e., cable unloading and Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation nonrecurring charge. 2.4.Where Owest fails to meet a Due Date for performing Loop conditioning, CLEC shall be entitled to a credit equal to the amount of any conditioning charges applied , where it does not secure the Unbundled Loop involved within three (3) months of such Due Date. Where Owest does not perform conditioning in accord with the standards applicable under this Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning charges made, unless CLEC can demonstrate that the Loop as conditioned is incapable of substantially performing the functions normally within the parameters applicable to such Loop as this Agreement requires Owest to deliver it to CLEC. In the case of such fundamental failure , CLEC shall be entitled to a credit of all conditioning charges , except where CLEC asks Owest to cure any defect and Owest does so. In the case of such cure, CLEC shall be entitled to the one-half (1/2) credit identified above. When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable Loop, Owest will dispatch a technician, if necessary, to provide Extension Technology that takes into account for example: the additional regenerator placement, Central Office powering, Mid-Span repeaters, if required , and BRITE cards in order to provision the Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 155 Section 9 Unbundled Network Elements required in order to bring the circuit to the specifications- necessary to accommodate the requested service. If the circuit design requires Extension Technology, to bring it up to the design standards, it will be added by Qwest, at no charge. Extension Technology can also be requested by CLEC to meet its specific needs. If Extension Technology is requested by CLEC , but is not required to meet the technical standards , then Qwest will provide the requested Extension Technology and will charge CLEC. Qwest will provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the Technical Publication 77384. Refer to that document for more information. CLEC will be charged an Extension Technology recurring charge in addition to the Unbundled Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require conditioning (e., removal of load coils or Bridged Taps). For DS1 or DS3 capable Loops, Qwest will provide the necessary electronics at both ends , including any intermediate repeaters. In addition , CLEC will have access to these terminations for testing purposes. DS1 capable Loops provide a transmission path between a Central Office network interface at a DS1 panel or equivalent in a Qwest serving Central Office and the network interface at the End User Customer location. DS1 capable Loops transport bi-directional DS1 signals with a nominal transmission rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design requirements specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1). DS3 capable Loops provide a transmission path between a Qwest Central Office network interface and an equivalent network interface at an End User Customer location. DS3 capable Loops transport bi-directional DS3 signals with a nominal transmission rate of 44.736 Mbit/s. DS3 capable Loops shall meet the design requirements specified in Technical Publications 77384 (Unbundled Loop) and 77324 (DS3). Qwest is not obligated to provision BRI-ISDN , xDSL-I-capable , DS1 or DS3-capable Loops to End User Customers in areas served exclusively by Loop facilities or transmission equipment that are not compatible with the requested service. Loop Qualification Tools. Qwest offers five (5) Loop qualification tools: the Loop Qualification Tool, Raw Loop Data Tool , POTS Conversion to Unbundled Loop Tool, MegaBit Qualification Tool , and ISDN Qualification Tool. These and any future Loop qualification tools Qwest develops will provide CLEC access to Loop qualification information in a nondiscriminatory manner and will provide CLEC the same Loop qualification information available to Qwest. CLEC may request an audit of Qwest' company records, back office systems and databases pertaining to Loop information pursuant to Section 18 of this Agreement. Loop Qualification Tool. CLEC may use the Loop Qualification tool to pre-qualify the requested circuit utilizing the existing telephone number or address to determine whether it meets DSL specifications. The qualification process screens the circuit for compliance with the design requirements specified in Technical Publication 77399. 9.2.Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 156 Section 9 Unbundled Network Elements Data Tool. If CLEC has a digital certificate, CLEC may access the Wire Center Raw Loop Data Tool via www.ecom.qwestcom. The Wire Center Raw Loop Data Tool provides CLEC the following information: Wire Center CLL! code cable name, pair name , terminal address, ML T distance , segment (F1 , F2), sub- segment (e., 1 of F1), segment length , segment gauge , Bridged Taps length by segment, Bridged Taps offset distance , load coil type, and pair gain type. CLEC may also access the IMA Raw Loop Data Tool for Loop specific information. The IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This tool provides CLEC the following information: Wire Center CLL! code, cable name, pair name, terminal address, ML T distance, segment (F1 , F2), sub- segment (e., 1 of F1), segment length , segment gauge , Bridged Taps length by segment, Bridged Taps offset distance, load coil type, number of loads, and pair gain type. POTS Conversion to Unbundled Loop Tool. The POTS Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and whether there are load coils on the Loop.8.4 DSL Qualification Tool. The DSL Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer regarding the Loop ability to support Qwest DSL service. If the DSL Qualification Tool returns a "" answer, it provides a brief explanation. ISDN Qualification Tool. The ISDN Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view information on multiple lines and will inform CLEC of the number of lines found. If an ISDN capable Loop is found , the tool identifies the facility and , if applicable pair gain. If the Loop make-up information for a particular facility is not contained in the Loop qualification tools, if the Loop qualification tools return unclear or incomplete information , or if CLEC identifies any inaccuracy in the information returned from the Loop qualification tools, and provides Qwest with the basis for CLEC's belief that the information is inaccurate, then CLEC may request, and Qwest will perform a manual search of the company s records , back office systems and databases where Loop information resides. Qwest will provide CLEC , via email , the Loop information identified during the manual search within forty-eight (48) hours of Qwest's receipt of CLEC's request for manual search. The email will contain the following Loop makeup information: composition of the Loop material; location and type of pair gain devices , the existence of any terminals, such as Remote Terminals or digital loop terminals Bridged Tap, and load coils; Loop length , and wire gauge. In the case of Loops served by digital loop carrier, the email will provide the availability of spare feeder and distribution facilities that could be used to provision service to the End User Customer, including any spare facilities not connected to the Switch and Loop makeup for such spare facilities. After completion of the investigation, Qwest will load the information into the Loop Facilities Assignment and Control System (LFACS) database, which will populate this Loop information into the fields in the Loop qualification tools. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 157 Section 9 Unbundled Network Elements Provisioning Options. The following provisioning options are available for Unbundled Loop elements. Charges for these Provisioning options vary depending on the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing parameters are described below and in Qwest Technical Publication 77384, Qwest Interconnection Service - Unbundled Loop. Basic Installation. Basic Installation may be ordered for new or existing Unbundled Loops. Upon completion , Qwest will call CLEC to notify CLEC that the Qwest work has been completed. For an existing End User Customer, the Basic Installation option is a "lift and lay" procedure. The Central Office Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting to GLEC. There is no associated circuit testing performed. For new End User Customer service, the Basic Installation option involves the COT and Field Technician (CST/NT) completing circuit wiring and performing the required performance tests to ensure the new circuit meets the required parameter limits. The test results are NOT provided to CLEC. For basic installation of existing 2/4 wire analog Loops, Qwest provides a Quick Loop with or without Local Number Portability (LNP) option , that enables CLEC to receive the Quick Loop installation interval as set forth in Exhibit C. Quick Loop installation without LNP includes only a simple lift and lay procedure. Quick Loop with LNP installation provides a lift and lay, and the LNP functions. Quick Loop is not available with cooperative testing, coordinated installation, or when unbundling from an IDLC to a copper alternative. Basic Installation with Performance Testing. Basic Installation with Performance Testing may be ordered for new or existing Unbundled Loops. For an existing End User Customer Basic Installation with Performance Testing is a "lift and lay" procedure. The Central Office Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting CLEC. The COT and Implementor/Tester perform the required performance tests to ensure that the new circuit meets required parameter limits. The Qwest Implementor/Tester will read the test results to CLEC on close-out and email the performance test results within two (2) business days to a single, designated CLEC office email address. For new End User Customer service, the Basic Installation with Performance Testing option requires a dispatch to the End User Customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the new circuit meets the required parameter limits. These test results are July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 158 Section 9 Unbundled Network Elements read to CLEC by the Owest Implementor/Tester on close-out. Within two (2) business days , Owest will email the performance test results to a single , designated CLEC office email address. Coordinated Installation With Cooperative Testing. Coordinated Installation With Cooperative Testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DO), at CLEC's designated Appointment Time , the Owest Implementor/Tester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time , then CLEC must reschedule the installation by submitting a supplemental LSR for a new Due Date and Appointment Time. Owest is not ready within thirty (30) minutes of the scheduled Appointment Time Owest will waive the nonrecurring charge for the installation option, and the Parties will attempt to set a new appointment for the same day. If Owest fails to perform cooperative testing due to Owest's fault, Owest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date. For an existing End User Customer, Coordinated Installation With Cooperative Testing is a "lift and lay" procedure with cooperative testing. The COT completes the installation in the Central Office and performs testing that CLEC requests. Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest will email the Owest test results to a single , designated CLEC office email address. CLEC will be charged for any Provisioning test CLEC requests that is not defined in the Owest Technical Publication 77384. For new End User Customer service , Coordinated Installation With Cooperative Testing may require a dispatch of a technician to the End User Customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure that the new circuit meets required parameter limits.Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days , Owest will email the Owest test results to a single, designated CLEC office email address. CLEC will be charged for any Provisioning test not defined in the Owest Technical Publication 77384.9.4 Coordinated Installation Without Cooperative Testing. Coordinated Installation Without Cooperative Testing may be ordered for new or existing service. For both new and existing service , CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DO), at CLEC's designated Appointment Time , the Owest Implementor/Tester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time , then CLEC must reschedule July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 159 Section 9 Unbundled Network Elements the installation by submitting a supplemental LSR. If Owest is not ready within thirty (30) minutes of the scheduled Appointment Time, Owest will waive the nonrecurring charge for the installation option and the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date. 9.4.For an existing Unbundled Loop this Coordinated Installation Without Cooperative Testing is a "lift and lay" procedure without a dispatch that offers CLEC the ability to coordinate the conversion activity. The Owest Implementor advises CLEC when the "lift and lay" procedure is complete. 9.4.For new Unbundled Loops, Owest may dispatch a technician to terminate the new circuit at the End User Customer premises. The Field Technician will not remain on the premises to perform the coordinated installation once the circuit is in place. The COT completes the installation in the Central Office, and the COT and Implementor/Tester complete the required performance tests to ensure that the new circuit meets required parameter limits. CLEC will not receive test results. When installation is complete, Owest will notify CLEC. Basic Installation With Cooperative Testing. Basic Installation With Cooperative Testing may be ordered for new or existing Unbundled Loops. For an existing End User Customer Basic Installation With Cooperative Testing is a "lift and lay" procedure with cooperative testing on the Due Date. The COT "lifts" the Loop from its current termination and "lays" it on a new termination connecting toCLEC. Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC , read the Owest test results , and begin CLEC cooperative testing. Within two (2) business days, Owest will email the Owest test results to a single , designated CLEC office email address. CLEC and Owest will perform a loop back acceptance test accept the Loop and exchange demarcation information. For new End User Customer service, Basic Installation With Cooperative Testing may require a dispatch to the End User Customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the new circuit meets the required parameter limits. If Owest fails to perform cooperative testing due to Owest's fault, Owest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and , if unable to do so Owest will issue a jeopardy notice and a FOC with a new Due Date. Performance Testing. performance tests for various Loop types: Owest performs the following July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 160 Section 9 Unbundled Network Elements a) 2-Wire and 4-Wire Analog Loops No Opens, Grounds , Shorts , or Foreign Volts Insertion Loss = 0 to -5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present b) 2-Wire and 4-Wire Non-Loaded Loops No Load Coils, Opens , Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present c) Basic Rate ISDN and xDSL-Capable Loops No Load Coils, Opens, Grounds , Shorts, or Foreign Volts Insertion Loss = ::::; 40 dB at 40 kHz Automatic Number Identification (ANI) when dial-tone is present d) DS1-Capable Loops No Load Coils , Opens , Grounds, Shorts , or Foreign Volts e) DS3-Capable Loops Continuity Testing Project Coordinated Installation: A Project Coordinated Installation permits CLEC to obtain a coordinated installation for Unbundled Loops with or without LNP, where CLEC orders Unbundled DS1-capable Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops. The date and time for the Project Coordinated Installation requires up-front planning and may need to be negotiated between Owest and CLEC. All requests will be processed on a first come, first served basis and are subject to Owest's ability to meet a reasonable demand. Considerations such as system down time, Switch upgrades , Switch maintenance , and the possibility of other CLECs requesting the same Frame Due Time (FDT) in the same Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Owest will negotiate with CLEC for an agreed upon FDT prior to issuing the Firm Order Confirmation (FOC). In special cases where CLEC is ordering Unbundled Loop with LNP, the FDT must be agreed upon , the interval to reach agreement will not exceed two (2) days from receipt of an accurate LSR. In addition, standard intervals will apply. CLEC shall request Project Coordinated July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 161 Section 9 Unbundled Network Elements Installation by submitting a Local Service Request (LSR) and designating this order as a Project Coordinated Installation in the remarks section of the LSR form. CLEC will incur additional charges for the Project Coordinated Installation dependent upon the coordinated time. The rates are based upon whether the request is within Owest's standard installation hours or out of hours. Owest standard installation hours for Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. Where LNP is included , see Section 10.5.4 for rate elements.7.4 Owest will schedule the appropriate number of employees prior to the cut, normally not to exceed four (4) employees based upon information provided by CLEC. If the Project Coordinated Installation includes LNP CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the installation , and , as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the installation is either cancelled, or supplemented to change the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be charged a one (1) Person three (3) hour minimum charge. For Project Coordinated Installations with LNP , if the Coordinated Installation is cancelled due to a Owest error or a new Due Date is requested by Owest, within twenty-four (24) hours of the negotiated FDT, Owest may be charged by CLEC one (1) Person three (3) hour minimum charge. If CLEC orders Project Coordinated Installation with LNP and in the event the LNP conversion is not successful , CLEC and Owest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the End User Customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the End User Customer CLEC may request the restoral of Owest service for the ported End User Customer. Such restoration shall begin immediately upon request. CLEC is in error then a supplemental order shall be provided to Owest. Owest is in error, no supplemental order or additional order will be required of CLEC. If CLEC orders Project Coordinated Installation with LNP , Owest shall ensure that any LNP order activity requested in conjunction with a Project Coordinated Installation shall be implemented in a manner that avoids interrupting service to the End User Customer.10 CLEC may request Owest to Commingle DS1 or DSO analog voice grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Owest' special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 9.25 of this Agreement.11 In order to properly maintain and modernize the network, Owest may make necessary modifications and changes to Unbundled Loops, ancillary and Finished July 12, 2007l1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 162 Section 9 Unbundled Network Elements Services in its network on an as needed basis. Such changes may result in minorchanges to transmission parameters. Changes that affect network Interoperability require advance notice pursuant to the Notices Section of this Agreement.12 If there is a conflict between an End User Customer (or its respective agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops Qwest will advise the End User Customer to contact CLEC, and Qwest will initiate contact with CLEC.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User Customer up to and including the Loop Demarcation Point are the property of Qwest.Qwest shall have reasonable access to all such facilities for network management purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel to accommodate testing, inspection repair and maintenance of such facilities and lines. CLEC will not inhibit Qwest's employees and agents from entering said premises to test inspect, repair and maintain such facilities and lines in connection with such purposes or upon termination or cancellation of the Unbundled Loop service, to remove such facilitiesand lines. Such entry is restricted to testing, inspection , repair and maintenance of Qwest's property in that facility. Entry for any other purpose is subject to audit provisions in the Audit section of this Agreement. Intentionally Left Blank. Reuse of Loop Facilities 15.When an End User Customer contacts Qwest with a request to convert their local service from CLEC to Qwest, Qwest will notify CLEC of the loss of the End User Customer, and will disconnect the Loop Qwest provided to CLEC. Qwest will disconnect the Loop only where Qwest has obtained proper Proof of Authorization. 15.When CLEC contacts Qwest with a request to convert an End User Customer from their Current Service Provider to CLEC, CLEC responsible for notifying the Current Service Provider of the conversion. Qwest will disconnect the Loop Qwest provided the Current Service Provider and , at CLEC's request, where technically compatible , will reuse the Loop for the service requested by CLEC (e., resale service). 15.When CLEC contacts Qwest with a request to convert an End User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the existing Loop facilities for the service requested by CLEC to the extent those facilities are technically compatible with the service to be provided. Upon CLEC request , Qwest will condition the existing Loop in accordance with the rates set forth in Exhibit A. 15.4 Upon completion of the disconnection of the Loop, Qwest will send a Loss Notification report to the original competitive Carrier signifying completion of the loss.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest July 12, 2007l1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 163 Section 9 Unbundled Network Elements shall maintain the order as pending for a period of thirty (30) business days. If facilities become available to fill the order within that thirty (30) business day period , Qwest shall notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of facilities hereunder is on a first come, first served basis. Any facility orders placed by any other provider, including Qwest, which predate CLEC's order shall have priority for any facilities made available under the terms of this section. Rate Elements The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A. Recurring charges vary based on CLEC selected installation options, conditioning, and extension technology. Exhibit A also provides Miscellaneous Charges. 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates. 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates. DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN and xDSL-Capable Loop Recurring and Nonrecurring rates. 1 DSO, DS1 , and DS3-Capable Loop Conversion. Nonrecurring rates associated with the conversion of special access or private lines to Unbundled Loops.3.4 Extension Technology Recurring and Nonrecurring rates for Digital Capable Loops , including Basic Rate (BRI) ISDN and xDSL-Capable Loops. Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic Rate (BRI) ISDN and xDSL-Capable Loop, as requested and approved by CLEC. All miscellaneous services as described in Section 9.12 are available with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services. Miscellaneous Charges for Out of Hours Coordinated Installations. Intentionally Left Blank. Intentionally Left Blank. 3.7.Intentionally Left Blank. 7.4 Intentionally Left Blank. For coordinated installations scheduled to commence Out of Hours , or rescheduled by CLEC to commence Out of Hours , CLEC will incur additional labor - installation Miscellaneous Charges in addition to regular nonrecurring charges for the installation. 9.2.Conversions of private line/special access circuits to Unbundled Loops. July 12 , 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 164 Section 9 Unbundled Network Elements 2.4 Ordering Process 2.4.Unbundled Loops are ordered via an LSR. Ordering processes are contained in the Operational Support Systems Section of this Agreement. Detailed ordering processes are found on the Qwest wholesale web site. 2.4.Prior to placing orders on behalf of the End User Customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization. 2.4.Based on the pre-order Loop make-up, CLEC can determine if the circuit can meet the technical parameters for the specific service CLEC intends to offer. 2.4.Before submitting an order for a 2/4 wire non-loaded Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwest's Loop make-up tools available via IMA-EDI , IMA-GUI, or the web-based application interface to obtain specific information about the Loop CLEC seeks to order. 2.4.Based on the Loop make up information provided through Qwest tools CLEC must determine whether conditioning is required to provide the xDSL service it intends to offer. If Loop conditioning is required , CLEC may authorize Qwest to perform such Loop conditioning on its LSR. If CLEC does not pre-approve Loop conditioning, Qwest will assume that CLEC has determined that Loop conditioning is not necessary to provide the xDSL service CLEC seeks to offer. If CLEC or Qwest determines that conditioning is necessary, and CLEC authorizes Qwest to perform the conditioning, Qwest will perform the conditioning. CLEC will be charged for the conditioning in accordance with the rates in Exhibit A. If Qwest determines that conditioning is necessary and CLEC has not previously authorized Qwest to perform the conditioning on the LSR, Qwest will send CLEC a rejection notice indicating the need to obtain approval for conditioning. CLEC must submit a revised LSR before the conditioning work will commence. Once Qwest receives the revised LSR, the fifteen (15) business day conditioning interval will begin as described in Section 9.2.4. 2.4.For a 2/4 wire non-loaded Loop, ISDN-capable Loop, and xDSL-I-capable Loop, or DS1-capable Loop, Qwest will return a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours from receipt of a valid and accurate LSR. Return of such FOC will indicate that Qwest has identified a Loop assignment. Such FOC will provide CLEC with a firm Due Date commitment or indication that appropriate facilities are not available to fill CLEC's order. 2.4.If CLEC has pre-approved Loop conditioning, and conditioning is not necessary, Qwest will return the FOC with the standard interval (Le., five (5) days). 2.4.If CLEC has not pre-approved Loop conditioning and Qwest determines that the Loop contains load coils, Qwest will notify CLEC via a reject notification. CLEC must submit a new version of the LSR approving Loop conditioning. In July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 165 Section 9 Unbundled Network Elements this scenario, the Application Date will correspond to the date the new version is received by Qwest. 2.4.Intentionally Left Blank. 2.4.2.4 Intentionally Left Blank. 2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C. The interval will start when Qwest receives a complete and accurate LSR. The LSR date is considered the start of the service interval if the order is received prior to 7:00 m. For service requests received after 7:00 p., the service interval will begin on the next business day. 2.4.4.When CLEC places an order for an Unbundled Loop with Qwest that is complete and accurate, Qwest will reply to CLEC with a Firm Order Confirmation within the time specified in Section 20. The Firm Order Confirmation will contain the Due Date that specifies the date on which Qwest will provision the Loop. Qwest will implement adequate processes and procedures to assure the accuracy of the commitment date. If Qwest must make changes to the commitment date , Qwest will promptly issue a jeopardy notification to CLEC that will clearly state the reason for the change commitment date. Qwest will also submit a new Firm Order Confirmation that will clearly identify the new Due Date. 2.4.Installation intervals for Unbundled Loops apply when Qwest has facilities or network capacity available. 2.4.Upon CLEC request, Qwest will convert special access or private line circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the Serving Wire Center. The Loop conversion ordering process applies. 2.4.Intentionally Left Blank. 2.4.When ordering Unbundled Loops, CLEC is responsible for obtaining or providing facilities and equipment that are compatible with the service CLEC seeks to provide. 2.4. the Loop. The installation interval for xDSL Loops depends on the need to condition 2.4.When load coils and Bridged Taps do not exist, CLEC may request the standard Due Date interval , which will apply upon submission of a complete and accurate LSR. 2.4.When load coils and/or Bridged Taps do exist CLEC will request the minimum fifteen (15) business days Desired Due Date. CLEC can determine the existence of load coils or Bridged Taps by using one of the Loop make-up tools. CLEC may pre-approve line conditioning on the LSR and , by doing so , CLEC agrees to pay any applicable conditioning charges. If CLEC did not request the fifteen (15) day interval and Qwest determines that conditioning is required , then the fifteen (15) business day interval starts when the need for July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 166 Section 9 Unbundled Network Elements conditioning is identified and CLEC approves the conditioning charges. 2.4.Out of Hours Coordinated Installations 2.4.10.For purposes of this Section , Qwest's standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. CLEC may request an out of hours Coordinated Installation outside of Qwest's standard installation hours. Installations requested outside of standard installation hours are considered to be out of hours Installations. 2.4.10.Intentionally Left Blank. 2.4.10.To request out of hours Coordinated Installations, CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours Coordinated Installation in the "remarks" section of the LSR. 2.4.10.4 The date and time for out of hours Coordinated Installations may need to be negotiated between Qwest and CLEC because of system downtime Switch upgrades, Switch maintenance , and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention). Maintenance and Repair CLEC is responsible for its own End User Customer base and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. CLEC will perform trouble isolation on the Unbundled Loop and any associated ancillary services prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the NID or Loop Demarcation Point. Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation test results to the other. For Unbundled Loops, each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.2 and 9. When CLEC requests that Qwest perform trouble isolation with CLEC, a Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on the End User Customer s side of the Loop Demarcation Point. If the trouble is on the End User Customer s side of the Loop Demarcation Point, CLEC is required to perform its own maintenance. Before submitting a repair request to Qwest, CLEC will isolate trouble to the Qwest network and must submit test results indicating the location of the trouble when submitting the repair request. If a trouble ticket with test results is accepted by Qwest, and Qwest determines that the trouble is on CLEC's or the End User Customer side of the Loop Demarcation Point, a Maintenance of Service charge applies. If CLEC elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair processes are set forth in Section 12.3 of this Agreement.5.4 Qwest will maintain detailed records of trouble reports of GLEe-ordered Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 167 Section 9 Unbundled Network Elements reports on at a minimum of a quarterly basis to determine the cause of Loop problems. Qwest will conduct a quarterly root cause analysis of problems associated with Loops provided to CLEC by Qwest. Based on this analysis, Qwest will take corrective measure to fix persistent and recurrent problems, reporting to CLEC on the analysis and the process changes that are instituted implemented to fix the problems. Qwest shall allow access to the NID for testing purposes where access at the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the event that Qwest chooses not to allow such access, it shall waive any trouble isolation charges that may otherwise be applicable. Spectrum Management Qwest will provide 2/4 Wire non-loaded Loops , ISDN-capable Loops xDSL-I-capable Loops , DS1-capable Loops , and DS3-capable Loops (collectively referred to in this Section 9.6 as "xDSL Loops ) in a non-discriminatory manner to permit CLEC to provide Advanced Services to its End User Customers. Such Loops are defined herein and are in compliance with FCC requirements and guidelines recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC such as guidelines set forth in T1-417. When ordering xDSL Loops, CLEC will provide Qwest with appropriate information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for the type of technology CLEC will deploy. CLEC also agrees to notify Qwest of any change in Advanced Services technology that results in a change in spectrum management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed or power at which the newly deployed or changed technology will operate if the technology fits within a generic PSD mask. CLEC information provided to Qwest pursuant to Section 9. shall be deemed Confidential Information and Qwest may not distribute, disclose or reveal , in any form, this material other than as allowed and described in subsections of 9. The Parties may disclose, on a need to know basis only, CLEC Confidential Information provided pursuant to Section 9., to legal personnel if a legal issue arises, as well as to network and growth planning personnel responsible for spectrum management functions. In no case shall the aforementioned personnel who have access to such Confidential Information be involved in Qwest's retail marketing, sales or strategic planning. If CLEC wishes to deploy new technology not yet designated with a PSD mask, Qwest and CLEC agree to work cooperatively to determine Spectrum Compatibility. Qwest and CLEC agree, as defined by the FCC , that technology is presumed acceptable for deployment when it complies with existing industry standards is approved by a standards body or by the FCC or Commission , of if technology has been deployed elsewhere without a "significant degradation of service6.4 Qwest recognizes that the analog T1 service traditionally used within its network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s by whomever employed , within binder groups in a manner that minimizes interference. July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 168 Section 9 Unbundled Network Elements Where such placement is insufficient to eliminate interference that disrupts other services being provided , Qwest shall, whenever it is Technically Feasible , replace its T1 s with a technology that will eliminate undue interference problems. Qwest also agrees that any future "known Disturber" defined by the FCC or the Commission will be managed as required by FCC rules. If either Qwest or CLEC claims a service is significantly degrading the performance of other Advanced Services or traditional voice band services , then that Party must notify the causing Carrier and allow the causing Carrier a reasonable opportunity to correct the problem. Upon notification , the causing Carrier shall promptly take action to bring its facilities/technology into compliance with industry standards. Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group information including cable, pair, Carrier and PSD class to allow CLEC to notify the causing Carrier. If CLEC is unable to isolate trouble to a specific pair within the binder group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair by pair analysis and provide results to CLEC within five (5) business days. Intentionally Left Blank. Qwest will not have the authority to unilaterally resolve any dispute over spectral interference among Carriers. Qwest shall not disconnect Carrier services to resolve a spectral interference dispute, except when voluntarily undertaken by the interfering Carrier or Qwest is ordered to do so by the Commission or other authorized dispute resolution body. CLEC may submit any claims for resolution under Section 5. of this Agreement. Where CLEC demonstrates to Qwest that it has deployed Central Office based DSL services serving a reasonably defined area, it shall be entitled to require Qwest to take appropriate measures to mitigate the demonstrable adverse effects on such service that arise from Qwest's use of repeaters or remotely deployed DSL service in that area. It shall be presumed that the costs of such mitigation will not be chargeable to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this presumption , which it may do by demonstrating to the Commission by a preponderance of the evidence that the incremental costs of mitigation would be sufficient to cause a substantial effect upon other Customers (including but not limited to CLECs securing UNEs) if charged to them. Upon such a showing, the Commission may determine how to apportion responsibility for those costs, including, but not limited to CLECs taking services under this Agreement. 2.7 Private line/special access circuits may be converted to Unbundled Loops subject to the terms and conditions of this Agreement, including the following criteria: 1) must be like-for-like facilities , e., DS1 private line to DS1 capable Unbundled Loop; 2) must originate at CLEC' Collocation site in the serving Central Office; and 3) must terminate at an End User Customer premises. The provisioning intervals for converting from private line/special access to Unbundled Loop are located in the Service Interval Guide (SIG). Additional information can be found in the Product Catalog for Unbundled Loop. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 169 Section 9 Unbundled Network Elements Subloop Unbundling Description An Unbundled Subloop is defined as the distribution portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility between any point that it is Technically Feasible to access at terminals in Owest's outside plant (originating outside of the Central Office), including inside wire owned or controlled by Owest, and terminates at the End User Customer premises. An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include , but are not limited to, the pole , pedestal , Network Interface Device minimum point of entry, single point of Interconnection , Remote Terminal Feeder Distribution Interface (FDI), or Serving Area Interface (SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Office to a terminal that is not at the End User Customer s premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only to the extent it is part of a complete transmission path , not a subloop, between the Central Office and the End User Customer s premises or MTE. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9. Building terminals within or physically attached to a privately owned building in a Multiple Tenant Environment (MTE) are one form accessible terminal. Throughout Section 9.3 the Parties obligations around such MTE Terminals" are segregated because Subloop terms and conditions differ between MTE environments and non-MTE environments. For any configuration not specifically addressed in this Agreement, the conditions of CLEC access shall be as required by the particular circumstances. These conditions include: (1) the degree of equipment separation required , (2) the need for separate cross connect devices, (3) the interval applicable to any Collocation or other provisioning requiring Owest performance or cooperation, (4) the security required to maintain the safety and reliability of the facilities of Owest and other CLECs, (5) the engineering and operations standards and practices to be applied at Owest facilities where they are also used by CLECs for Subloop element access , and (6) any other requirements , standards, or practices necessary to assure the safe and reliable operation of all Carriers' facilities. Any Party may request, under any procedure provided for by this Agreement for addressing non-standard services or network conditions , the development of standard terms and conditions for any configuration(s) for which it can provide reasonably clear technical and operational characteristics and parameters. Once developed through such a process , those terms and conditions shall be generally available to any CLEC for any configuration fitting the requirements established through such process.1.4 Prior to the development of such standard terms and conditions Owest shall impose in the six (6) areas identified in Section 9.2 above, only those requirements or intervals that are reasonably necessary, and shall make its determinations within ten (10) business days and shall apprise CLEC of the July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 170 1.4 Section 9 Unbundled Network Elements conditions for access. If there is a dispute regarding the conditions for access Owest shall attempt to accommodate access pending resolution of the specific issues in dispute. 1.4.MTE Terminals: Accessible terminals within a building in a MTE environment or accessible terminals physically attached to a building in a MTE environment. Owest Premises located on real property that constitutes a campus environment , yet are not within or physically attached to a non-Owest owned building, are not considered MTE Terminals. 1.4.Detached Terminals: All accessible terminals other than MTE Terminals. Intentionally Left Blank. Standard Subloops available. Two-Wire/Four Wire Unbundled Distribution Loop Intentionally Left Blank Two-Wire/Four Wire Non-loaded Distribution Loop Intrabuilding Cable Loop Standard Subloop Access Accessing Subloops in Detached Terminals: Subloop unbundling is available after a GLEe-requested Field Connection Point (FCP) has been installed within or adjacent to the Owest accessible terminal. The FCP is a Demarcation Point connected to a terminal block from which Cross Connections are run to Owest Subloop elements. Accessing Subloops in MTE Terminals: Subloop unbundling is available after CLEC has notified Owest of its intention to Subloop unbundle in the MTE , during or after an inventory of CLEC's terminations has been created and CLEC has constructed a cross connect field at the building terminal. Field Connection Point 1.4.Field Connection Point (FCP) is a Demarcation Point that allows CLEC to interconnect with Owest outside of the Central Office location where it is Technically Feasible. The FCP interconnects CLEC facilities to a terminal block within the accessible terminal. The terminal block allows a technician to access and combine Unbundled Subloop elements. When a FCP is required, it must be in place before Subloop orders are processed. 1.4.Placement of a FCP within a Owest Premises for the sole purpose of creating a cross connect field to support Subloop unbundling constitutes a "Cross Connect Collocation. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 171 Section 9 Unbundled Network Elements 1.4.The terms, conditions , intervals and rates for Cross Connect Collocation are found within Section 9. 1.4.To the extent that CLEC places equipment in a Qwest Premises that requires power and or heat dissipation , such Collocation is governed by the terms of Section 8 and does not constitute a Cross Connect Collocation. 1.4.A FCP arrangement can be established either within a Qwest accessible terminal , or, if space within the accessible terminal is legitimately exhausted and when Technically Feasible, CLEC may place the FCP in an adjacent terminal. CLEC will have access to the equipment placed within the Collocation for maintenance purposes. However, CLEC will not have access to the FCP Interconnection point. MTE Point of Interconnection (MTE-POI) A MTE-POI is necessary when CLEC is obtaining access to the Distribution Loop or Intrabuilding Cable Loop from an MTE Terminal. CLEC must create the cross connect field at the building terminal that will allow CLEC to connect its facilities to Qwest's Subloops. The Demarcation Point between CLEC and Qwest's facilities is the MTE-POI. Once a state has determined that it is Technically Feasible to unbundle Subloops at a designated accessible terminal , Qwest shall either agree to unbundle at such access point or shall have the burden to demonstrate , pursuant to the Dispute Resolution provisions of this Agreement, that it is not Technically Feasible , or that sufficient space is not available to unbundle Subloop elements at such accessible terminal. Intentionally Left Blank. Standard Subloops Available Distribution Loops 1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest- provided facility from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the End User Customer location. The Two- Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type services. CLEC can obtain access to this Unbundled Network Element at any Technically Feasible accessible terminal. 2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest- provided facility without load coils and excess Bridged Taps from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the End User Customer location. When CLEC requests a Non-Loaded Unbundled Distribution Loop and there are none available, Qwest will contact CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the response is affirmative, Qwest will dispatch a technician to "condition " the Distribution Loop by removing load coils and excess Bridged Taps (Le. , " unload" July 12, 2007/lhd/Utility T elephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 172 Section 9 Unbundled Network Elements the Loop). CLEC may be charged the cable unloading and Bridged Taps removal nonrecurring charge in addition to the Unbundled Loop installation nonrecurring charge. If a Owest technician is dispatched and no load coils or Bridged Taps are removed , the nonrecurring conditioning charge will not apply. CLEC can obtain access to this Unbundled Network Element at any Technically Feasible accessible terminal. Intrabuilding Cable Loop: a Owest-provided facility from the building terminal inside a MTE to the Demarcation Point at the End User Customer premises inside the same building. This Subloop element only applies when Owest owns the intrabuilding cable.1.4 To the extent CLEC accesses a Subloop in a campus environment from an accessible terminal that serves multiple buildings, CLEC can access the Subloop by ordering a Distribution Loop pursuant to either Section 9.1 or 9.2. A campus environment is one piece of property, owned by one (1) Person or entity, on which there are multiple buildings. Intentionally Left Blank. Intentionally Left Blank. MTE Terminal Subloop Access: Terms and Conditions Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-Owest owned MTE is done through an MTE-POL Collocation isnot required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Owest Premises. Cross Connect Collocation, as defined in Section 9., refers to creation of a cross connect field and does not constitute Collocation as defined in Section 8. The terms and conditions of Section 8 do not apply to Cross Connect Collocation if required at or near an MTE. To obtain such access , GLEC shall complete the "MTE-Access Ordering Process" set forth in Section 9.5.4. The optimum point and method to access Subloop elements will be determined during the MTE Access Ordering Process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. CLEC may access the MTE Terminal as a test access point.3.4 CLEC will work with the MTE building owner to determine where to terminate its facilities within the MTE. CLEC will be responsible for all work associated with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek to work with the building owner to create space for such terminations without requiring Owest to rearrange its facilities. If there is space in the building for CLEC to enter the building and terminate its facilities without Owest having to rearrange its facilities, CLEC must seek to use such space. In such circumstances, an inventory of CLEC's terminations within the MTE shall be input into Owest's systems to support Subloop orders before Subloop orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEG July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 173 Section 9 Unbundled Network Elements requires immediate access to the Subloop, then CLEC may access the Subloop element prior to the completion of the inventory per Section 9.5.4.7. Owest shall have five (5) Days from receipt of a written request from CLEC, in addition to the interval set forth in Section 9.5.4., to input the inventory of CLEC's terminations into its systems. Owest may seek an extended interval if the work cannot reasonably be completed within the stated interval. In such cases, Owest shall provide written notification to CLEC of the extended interval Owest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval , in which case Owest must request a waiver from the Commission to obtain the extended interval. If CLEC submits a Subloop order before Owest inputs the inventory into its systems , Owest shall process the order in accordance with Section 9.5.4. If CLEC connects Owest's Subloop element to CLEC's facilities using any temporary wiring or cut-over devices, CLEC shall remove any remaining temporary wiring or cut-over devices and install permanent wiring within ninety (90) Days. All wiring arrangements, temporary and permanent, must adhere to the National Electric Code. If there is no space for CLEC to place its building terminal or no accessible terminal from which CLEC can access such Subloop elements, and Owest and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (Spal) to serve the MTE, Owest will either rearrange facilities to make room for CLEC or construct a single point of access that is fully accessible to and suitable for CLEC. Owest's obligation to construct a spal is limited to those MTEs where Owest has distribution facilities to that MTE and owns , controls, or leases the inside wire at the MTE. In addition , Owest shall have an obligation only when CLEC indicates that it intends to place an order for access to an unbundled Subloop Network Element via aspal. In such instances , CLEC shall pay the applicable charge , identified in Exhibit A which shall be 1GB , based on the scope of the work required. If Owest must rearrange its MTE Terminal to make space for CLEC , Owest shall have forty-five (45) Days from receipt of a written request from CLEC to complete the rearrangement. Owest may seek an extended interval if the work cannot reasonably be completed within forty-five (45) Days. In such cases, Owest shall provide written notification to CLEC of the extended interval Owest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval , in which case Owest must request a waiver from the Commission to obtain an extended interval. If Owest must construct a new detached terminal that is fully accessible to and suitable for CLEC, the interval for completion shall be negotiated between the Parties on an Individual Case Basis. CLEC may cancel a request to construct an FCP or spal prior to Owest completing the work by submitting a written notification via certified mail to its Owest account manager. CLEC shall be responsible for payment of all costs previously incurred by Owest as well as any costs necessary to restore the property to its original condition. At no time shall either Party rearrange the other Party s facilities within the MTE or otherwise tamper with or damage the other Party s facilities within the MTE. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 174 Section 9 Unbundled Network Elements This does not preclude normal rearrangement of wiring or jumpers necessary to connect inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE Access Protocol. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. Detached Terminal Subloop Access: Terms and Conditions 3.4.Except as to access at an MTE Terminal , access to unbundled Subloop elements at an accessible terminal must be made through a Field Connection Point (FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat dissipation is required , a Remote Collocation. 3.4.To the extent that the accessible terminal does not have adequate capacity to house the network interface associated with the FCP, CLEC may opt to use Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall comport with NEBS Level 1 safety standards. 3.4.Field Connection Point 3.4.Owest is not required to build additional space for CLEC to access Subloop elements. When Technically Feasible, Owest shall allow CLEC to construct its own structure adjacent to Owest's accessible terminal. CLEC shall obtain any necessary authorizations or rights of way required (which may include obtaining access to Owest rights of way, pursuant to Section 10.8 of this Agreement) and shall coordinate its facility placement with Owest, when placing its facilities adjacent to Owest facilities. Obstacles that CLEC may encounter from cities, counties , electric power companies, property owners and similar third parties, when it seeks to interconnect its equipment at Subloop access points will be the responsibility of CLEC to resolve with the municipality, utility, property owner or other third party. 3.4.The optimum point and method to access Subloop elements will be determined during the Field Connection Point process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. 3.4.CLEC must identify the size and type of cable that will be terminated in the Owest FCP location. Owest will terminate the cable in the Owest accessible terminal if termination capacity is available. If termination capacity is not available, Owest will expand the FDI at the request of CLEC if Technically Feasible, all reconfiguration costs to be borne by CLEC. In this situation only, Owest shall seek to obtain any necessary authorizations or rights of way required to expand the terminal. It will be the responsibility of Owest to seek to resolve obstacles that Owest may encounter from cities , counties electric power companies, property owners and similar third parties. The time it takes for Owest to obtain such authorizations or rights of way shall be excluded from the time Owest is expected to provision the Collocation. CLEC will be responsible for placing the cable from the Owest FCP to its equipment. Owest July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 175 Section 9 Unbundled Network Elements will perform all of the initial splicing at the FCP. 3.4.3.4 CLEC may cancel a Collocation associated with a FCP request prior to Owest completing the work by submitting a written notification via certified mail to its Owest account manager. CLEC shall be responsible for payment of all costs previously incurred by Owest. 3.4.If the Parties are unable to reach an agreement on the design of the FCP through the Field Connection Point Process , the Parties may utilize the Dispute Resolution process pursuant to the Dispute Resolution Section of this Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the Act with the Commission, wherein Owest shall have the burden to demonstrate that there is insufficient space in the accessible terminal to accommodate the FCP, or that the requested Interconnection is not Technically Feasible. 3.4.4 At no time shall either Party rearrange the other Party s facilities within the accessible terminal or otherwise tamper with or damage the other Party s facilities. If such damage accidentally occurs , the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. Ordering/Provisioning All Subloop Types CLEC may order Subloop elements through the Operational Support Systems described in Section 12. CLEC shall identify Subloop elements by NC/NCI codes. This information shall be kept confidential and used solely for spectrum management purposes. Additional Terms for Detached Terminal Subloop Access CLEC may only submit orders for Subloop elements after the FCP is in place. The FCP shall be ordered pursuant to Section 9.5. CLEC will populate the LSR with the termination information provided at the completion of the FCP process. Owest shall dispatch a technician to run a jumper between its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time disconnect Owest facilities or attempt to run a jumper between its Subloop elements and Owest's Subloop elements without specific written authorization from Owest. Once the FCP is in place , the Subloop Provisioning intervals contained in Exhibit C shall apply. Intentionally Left Blank. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 176 Section 9 Unbundled Network Elements 5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access Ordering Process 5.4.CLEC shall notify its account manager at Qwest in writing, including via email, of its intention to provide access to End User Customers that reside within a MTE. Upon receipt of such request, Qwest shall have up to ten (10) Days to notify CLEC and the MTE owner whether Qwest believes it or the MTE owner owns the intrabuilding cable. In the event that there has been a previous determination of on-premises wiring ownership at the same MTE, Qwest shall provide such notification within two (2) business days. In the event that CLEC provides Qwest with a written claim by an authorized representative of the MTE owner that such owner owns the facilities on the End User Customer side of the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days from Qwest's receipt of such claim. 5.4.Intentionally Left Blank. 5.4.If the MTE owner owns the facilities on the Customer side of the terminal , CLEC may obtain access to all facilities in the building in accordance with Section 9.5 concerning access to unbundled NIDs. 5.4.If Qwest owns the facilities on the Customer side of the terminal and if CLEC requests space to enter the building and terminate its facilities and Qwest must rearrange facilities or construct new facilities to accommodate such access, CLEC shall notify Qwest. Upon receipt of such notification , the intervals set forth in Section 9.3 shall begin. 5.4.4 CLEC may only submit orders for Subloop elements after the facilities are rearranged and/or a new facility constructed , if either are necessary. CLEC will populate the LSR with the termination information provided by CLEC at the completion of the inventory process except when submitting LSRs during the creation of the inventory. 5.4.If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a technician to run a jumper between its Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POI in accordance with the MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop elements and Qwest's Subloop elements to make a connection at the MTE-POL CLEC, at its option , may request that Qwest run the jumper for intrabuilding cable in MTEs when the inventory is done and a complete LSR has been submitted. 5.4.When CLEC accesses a MTE Terminal, it shall employ generally accepted best engineering practices in accordance with industry standards. CLEC shall clearly label the cross connect wires it uses. CLEC wiring will be neatly dressed. When CLEC accesses Subloops in MTE Terminals , it shall adhere to Qwest's Standard MTE Access Protocol unless the Parties have negotiated a separate document for such Subloop access. If CLEC requests a MTE Access Protocol that is different from Qwest's Standard MTE Access Protocol , Qwest shall negotiate with CLEC promptly and in good faith toward that end. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 177 Section 9 Unbundled Network Elements 5.4.Once inventory is complete and, if necessary, the facilities are rearranged and or a new facility constructed and when Qwest runs the jumper the Subloop Provisioning intervals contained in Exhibit C shall apply. 5.4.For access to Qwest's on-premises MTE wire as a Subloop element, CLEC shall be required to submit an LSR, but need not include thereon the circuit-identifying information or await completion of LSR processing by Qwest before securing such access. Qwest shall secure the circuit-identifying information , and will be responsible for entering it on the LSR when it is received. Qwest shall be entitled to charge for the Subloop element as of the time of LSR submission by CLEC. FCP Ordering Process CLEC shall submit a Field Connection Point Request Form to Qwest along with its Collocation Application. The FCP Request Form shall be completed in its entirety. After construction of the FCP and Collocation are complete CLEC will be notified of its termination location, which will be used for ordering Subloops. The following constitute the intervals for provisioning Collocation associated with a FCP , which intervals shall begin upon completion of the FCP Request Form and its associated Collocation Application in their entirety: Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be in accordance with the intervals set forth in Section 8.4. A Cross Connect Collocation in a detached terminal shall be provisioned within ninety (90) Days from receipt of a written request by CLEC. If Qwest denies a request for Cross Connect Collocation in a Qwest Premises due to space limitations Qwest shall allow CLEC representatives to inspect the entire Premises escorted by Qwest personnel within ten (10) Days of CLECs receipt of the denial of space, or a mutually agreed upon date. Qwest will review the detailed space plans (to the extent space plans exist) for the Premises with CLEC during the inspection , including Qwest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the inspection of the Premises, Qwest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Qwest and CLEC may present their arguments to the Commission. In addition , if after the fact it is determined that Qwest has incorrectly identified the space limitations , Qwest will honor the original Cross Connect Collocation Application date for determining RFS unless July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 178 Section 9 Unbundled Network Elements both Parties agree to a revised date.1.4 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charge , Qwest will schedule with CLEC an inspection of the FCP with CLEC if requested. Upon completion of the Acceptance inspection , CLEC will be provided the assignments and necessary ordering information. With prior arrangements, CLEC can request testing of the FCP at the time of the Acceptance inspection. If Qwest, despite its best efforts, including notification through the contact number on the Cross Connect Collocation Application , is unable to schedule the Acceptance inspection with CLEC within twenty-one (21) Days of the RFS , Qwest shall activate the applicable charges. Qwest may seek extended intervals if the work cannot reasonably be completed within the set interval. In such cases, Qwest shall provide written notification to CLEC of the extended interval Qwest believes is necessary to complete the work. CLEC may dispute the need for and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended interval. Rate Elements Exhibit A provides recurring and nonrecurring rates for Subloop and also provides Miscellaneous Charges. All Subloop Types Recurring Charges - CLEC will be charged monthly recurring charges for each Subloop. Nonrecurring Charges - One-time charges apply for specific work activities associated with installation of each Subloop. Intentionally Left Blank. Additional Rate Elements for Detached Terminal Subloop Access Cross Connect Collocation Charge: CLEC shall pay the full nonrecurring charge for creation of a Cross Connect Collocation upon submission of the Collocation Application. The FCP Request Form shall not be considered complete until complete payment is submitted to Qwest, as described in Section 8. Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be charged for in accordance with the rate elements set forth in Section 8. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 179 Section 9 Unbundled Network Elements Subloop Nonrecurring Jumper Charge: CLEC will be charged a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal for each Subloop ordered by CLEC. 6.4 Additional Rate Elements for MTE Terminal Subloop Access 6.4.CLEC will be charged the Subloop MTE - POI Site Inventory nonrecurring charge for Qwest to complete an inventory of CLEC's facilities within the MTE such that Subloop orders can be submitted and processed. 6.4.CLEC will be charged the MTE - POI Rearrangement of Facilities nonrecurring charge for Qwest to complete a rearrangement of facilities to make room for an MTE for CLEC. 6.4.CLEC will be charged the MTE - POI Construction of New SPOI nonrecurring charge for Qwest to construct a new MTE SPOI for CLEC. Nonrecurring charges apply for conditioning for Distribution Subloop. All miscellaneous services as described in Section 9.12 are available with Subloop. Miscellaneous Charges apply for miscellaneous services. Repair and Maintenance Detached Terminal Subloop Access: Qwest will maintain all of its facilities and equipment in the accessible terminal and CLEC will maintain all of its facilities and equipment in the accessible terminal. MTE Terminal Subloop Access: Qwest will maintain all of its facilities and equipment in the MTE and CLEC will maintain all of its facilities and equipment in the MTE. Intentionally Left Blank Network Interface Device (NID) Description The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwest's distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to access only a NID (i.e., CLEC does not wish to access a Subloop connected to that NID), it may only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop facilities to on-premises wiring through Qwest's NID, or at any other Technically Feasible point. The NID carries with it all features, functions and capabilities of the facilities used to connect the Loop distribution plant to the End User Customer s premises wiring, including access to the Cross Connection field , regardless of the particular design of the NID mechanism. Although the NID provides the connection to the End User Customer s premises wiring, it may not represent the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 180 Section 9 Unbundled Network Elements The NID contains a protective ground connection that protects the End User Customer s on- premises wiring against lightning and other high voltage surges and is capable of terminating media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis , the existing drop and Qwest's NID, as well as any on premises wiring that Qwest owns or controls will remain in place and continue to carry the signal over the End User Customer s on-premises wiring to the End User Customer s equipment. Notwithstanding the foregoing, an Unbundled Loop and any Subloop terminating at a NID shall include the existing drop and the functionality of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties: Simple NID - The modular NID is divided into two (2) components, one containing the over-voltage unit (protector) and the other containing the End User Customer s on-premises inside wiring termination , and a modular plug which connects the inside wire to the distribution plant or dial tone source. The non-modular NID is a protector block with the inside wire terminated directly on the distribution facilities. Smart NID - To the extent Qwest has deployed "smart" devices in general meaning a terminating device that permits the service provider to isolate the Loop facility from the premises wiring for testing purposes, and such devices have spare functioning capacity not currently used by Qwest or any other provider, Qwest shall provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at its option , to use all features and functionality of the Qwest NID including any protection mechanisms , test capabilities, or any other capabilities now existing or as they may exist in the future regardless of whether or not CLEC terminates its own distribution facility on the NID. 3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional components: one containing the over-voltage unit (protector) and the other containing the terminations of the on-premises inside wiring. Such devices contain the protectors for, and may be located externally or internally to the premises served. 1.4 Intentionally Left Blank. Terms and Conditions CLEC may use the existing Qwest NID to terminate its drop if space permits, otherwise a new NID or other Technically Feasible Interconnection point is required. If CLEC installs its own NID , CLEC may connect its NID to the Qwest NID by placing a cross connect between the two. When Provisioning a NID-to-NID connection CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID , Qwest will perform the replacement for the charge described in Section 9.1. If CLEC is a facilities-based provider up to and including its NID, the Qwest facility currently in place, including the NID , will remain in place. Qwest shall allow CLEC to connect its Loops directly to the NID field containing the terminations of the on-premises inside wiring not owned or controlled by Qwest, without restriction. Where Qwest does not own or control the on-premises inside wiring, CLEC and the landowner shall determine procedures for such access. 5.2.Qwest shall allow CLEC to use all features and functionality of July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-O70712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 181 Section 9 Unbundled Network Elements the Owest NID including any protection mechanisms , test capabilities , or any other capabilities now existing or as they may exist in the future. Pursuant to generally acceptable work practices , and provided the inside wire re-termination is required to meet service requirements of either Parties' End User Customer , either Party may remove the inside wire from the NID and connect that wire to that Party s own NID. Future installation of Owest NIDs will be such that it will not unnecessarily impede access to the End User Customer s wiring.1.4 CLEC may enter the subscriber access chamber or End User Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID connections. Upon CLEC request, Owest will make other rearrangements to the inside wire terminations or terminal enclosure. Charges will be assessed per Section 9.3.4. No such charge shall be applicable if Owest initiates the rearrangement of such terminations. In all such instances, rearrangements shall be performed in a non-discriminatory fashion and timeframe and without an End User Customer s perceivable disruption in service. Owest will not make any rearrangements of wiring that is provided by another Carrier that relocates the other Carrier s test access point without notifying the affected Carrier promptly after such rearrangement if CLEC has properly labeled its cross connect wires. Owest will retain sole ownership of the Owest NID and its contents on Owest's side. Owest is not required to proactively conduct NID change-outs, on a wide scale basis. At CLEC's request, Owest will change the NID on an individual request basis by CLEC and charges will be assessed per Section 9.5 except where Section 1 applies. Owest is not required to inventory NID locations on behalf of CLEC. When CLEC accesses a Owest NID , it shall employ generally accepted best engineering practices and comply with industry standards should such standards exist when it physically connects its NID (or equivalent) to the Owest NID and makes Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label the cross connect wires it uses to provide service. Owest shall label its terminals when a technician is dispatched.2.4 All services fed through a protector field in a Owest NID located inside a building will interface on an industry standard termination block and then extend, via a Cross Connection to the End User Customer s in-premises wiring. All services fed through a protector field in a Owest NID that is attached to a building will interface on industry standard lugs or a binding post type of termination and then extend , via a Cross Connection, to the End User Customer s on-premises wiring. If so requested by CLEC, Owest shall allow CLEC to connect its Loops directly to the protector field at Owest NIDs that have unused protectors and are not used by Owest or any other Telecommunications Carrier to provide service to the premises. If CLEC accesses the Owest protector field, it shall do so on the distribution side of the protector field only where spare protector capacity exists. In such cases CLEC shall only access a Owest NID protector field in cable increments appropriate to the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 182 Section 9 Unbundled Network Elements the MTE NID, additions must be in increments of twenty-five (25) additional metallicpairs. In all cases, Telecommunications cables entering a Qwest NID must be terminated in compliance with FCC 88-, section 315 of the National Electric Safety Code and section 800.30 of the National Electric Code. Rate Elements Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing NID, and Exhibit A also provides Miscellaneous Charges. If CLEC requests the current simple NID be replaced with a different simple NID , pursuant to Section 9., additional labor - other Miscellaneous Charges will be assessed with CLEC paying only for the portion of the change-out that is specific to and for the functionality that supports CLEC requirements. Recurring rates apply for unbundled access to the protector field in a Qwest NID , pursuant to Section 9.5. As of the Effective Date of this Agreement Qwest has not implemented charges for this recurring rate element, but reserves the right to assess such a charge in the future. When CLEC requests that Qwest perform the work to connect its NID to the Qwest NID, the costs associated with Qwest performing such work will be charged to CLEC as additional labor - other Miscellaneous Charges.3.4 When Qwest makes rearrangements to the inside wire terminations or terminal enclosure pursuant to Section 9., charges will be assessed as additional labor - other Miscellaneous Charges. CLEC will be charged for any change-out Qwest performs pursuant to Section 9.2. CLEC will be billed only for the portion of the change-out that is specific to CLEC's request for modified/additional capacity. Charges will be assessed additional labor - other Miscellaneous Charges. 5.4 Ordering Process 5.4.Intentionally Left Blank. 5.4.CLEC may access a MTE NID after determining that the terminal in question is a NID , per the process identified in Section 9.3. If the terminal is a NID and CLEC wishes to access the End User Customer field of the NID , no additional verification is needed by Qwest. CLEC shall tag its jumper wire. 5.4.When CLEC seeks to connect to a cross connect field other than to the End User Customer field of the NID, CLEC shall submit a LSR for connection to the NID. Qwest shall notify CLEC, within ten (10) business days, if the connection is not Technically Feasible. In such cases, Qwest shall inform CLEC of the basis for its claim of technical infeasibility and, at the same time identify all alternative points of connection that Qwest would support. CLEC shall have the option of employing the alternative terminal or disputing the claim of technical infeasibility pursuant to the Dispute Resolution provisions of this Agreement. No additional verification is needed by Qwest and CLEC shall tag its July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30, 2007 183 Section 9 Unbundled Network Elements jumper wire. 5.4.Subject to the terms of Section 9.5.4., CLEC may perform a NID-to-NID connection , according to Section 9., and access the End User Customer field of the NID without notice to Qwest. CLEC may access the protector field of the NID by submitting a LSR. Maintenance and Repair If Qwest is dispatched to an End User Customer location on a maintenance issue and finds the NID to be defective , Qwest will replace the defective element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and lines have been removed from the protector fieJd or damaged by CLEC, CLEC will be responsible for all costs associated with returning the facilities and lines back to their original state. This work is billed to CLEC as additional labor - other Miscellaneous Charges. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. Unbundled Dedicated Interoffice Transport (UDIT) Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non- discriminatory manner according to the following terms and conditions. Description Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network Element of a single transmission path between Qwest Wire Centers in the same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one (1) Qwest Wire Center and a different CLEC's Collocation in another Qwest Wire Center. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice transmission path designed to a DSX in each Qwest Wire Center. UDIT is available in DSO through DS3 bandwidths. CLEC can assign channels and transport its choice of voice or data. Specifications, interfaces and parameters are described in Qwest Technical Publication 77389. Intentionally Left Blank. Intentionally Left Blank. Terms and Conditions Intentionally Left Blank. Qwest shall unbundle DS1 transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications , as defined in Section 4 of this Agreement, both Wire Centers defining the Route are Tier 1 Wire Centers. As such , Qwest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. On Routes for which no unbundling obligation for DS3 July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 184 Section 9 Unbundled Network Elements dedicated transport circuits exists but for which DS1 Dedicated Transport is available on an unbundled basis, CLEC may obtain a maximum of ten (10) unbundled DS1 Dedicated Transport circuits. Owest shall unbundle DS3 transport between any pair of Owest Wire Centers except where , through application of "Tier" classifications, as defined in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Owest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. Owest shall make available to CLEC a list of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. 0.4 All services provided in this Section 9.6 are subject to the Ratcheting criteria as provided in Section 9.9 of this Agreement. All services provided in this Section 9., when combined with high capacity Loops , are subject to the Service Eligibility Criteria as provided in Section 9.10 of this Agreement. To the extent that CLEC is ordering access to a UNE Combination, and Cross Connections are necessary to combine UNEs , Owest will perform requested and necessary Cross Connections between UNEs in the same manner that it would perform such Cross Connections for its End User Customers or for itself. If not ordered as a combination , CLEC is responsible for performing Cross Connections at its Collocation or other mutually determined Demarcation Point between UNEs and ancillary or Finished Services , and for transmission design work including regeneration requirements for such connections. Such Cross Connections will not be required of CLEC when CLEC orders a continuous UDIT element from one point to another. Intentionally Left Blank. With the exception of combinations provided through the UNE Combinations Section 9., CLEC may utilize any form of Collocation at both ends of the UDIT. Owest's design will ensure the cable between the Owest-provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Owest' network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital Hierarchy - Electrical Interface; Annex B. 2.4 Intentionally Left Blank. Intentionally Left Blank. Intentionally Left Blank. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 185 Section 9 Unbundled Network Elements Intentionally Left Blank. Intentionally Left Blank. Upon CLEC request, Qwest will convert special access or private line circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving Wire Center. Rate Elements Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous Charges. 1 DS1 UDIT includes the following rate elements:a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the fixed rate element, a per-mile rate element, as described below , also applies.b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 1.544 Mbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS1 UDIT. The mileage is calculated between the originating and terminating Qwest Wire Centers. Intentionally Left Blank.d) DS1 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS1 service. Intentionally Left Blank. DS3 UDIT rates include the following rate elements:a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 44.736 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides an interoffice transmission path of 44.736 Mbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS3 UDIT. The mileage is calculated between the originating and terminating Qwest Wire Centers. Intentionally Left Blank.d) DS3 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS3 service. Intentionally Left Blank. DSO UDIT includes the following rate elements: July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 186 Section 9 Unbundled Network Elementsa) DSO Transport Termination (Fixed). This recurring rate element provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies.b) DSO Transport Facilities (Per Mile). This recurring rate element provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DSO UDIT. The mileage is calculated between the originating and terminating Owest Wire Centers.c) DSO Nonrecurring Charges. One-time charges apply for a specific work activity associated with installation of the DSO service.d) Low Side Channelization. Recurring charges apply for low side multiplexed channel cards and settings at each end of the DSO UDIT. 3.4 Intentionally Left Blank. Intentionally Left Blank. Nonrecurring charges apply for rearrangements of UDIT. Intentionally Left Blank. Intentionally Left Blank. The following miscellaneous services , as described in Section 9., are available with UDIT. Miscellaneous Charges apply for miscellaneous services. Additional labor - other Cancellation Design Change Dispatch Expedite Maintenance of Service.10 A nonrecurring charge is applied to the conversion of an existing private line/Special Access circuit to UDIT. 6.4 Ordering Process 6.4.Ordering processes and installation intervals are as follows: 6.4.UDIT is ordered via the Access Service Request (ASR) process. Ordering processes are contained in the Access to OSS Section of this Agreement. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template. Version 3., April 30, 2007 187 Section 9 Unbundled Network Elements 6.4.Intentionally Left Blank. 6.4.The interval will start when Owest receives a complete and accurate ASR. This date is considered the start of the installation interval if the order is received prior to 3:00 p.m. The installation interval will begin on the next business day for service requests received after 3:00 p.m. The installation intervals have been established and are set forth in Exhibit C, Section 2.0 of this Agreement. 6.4.1.4 Intentionally Left Blank. 6.4.An order may be canceled any time up to and including the Due Date/Service Date. Cancellation Miscellaneous Charges apply for such cancellations except when:a) The original Due Date or GLEe-initiated subsequent Due Date was , or CLEC has been notified by Owest that such Due Date will be delayed ten (10) business days or longer; orb) The original Due Date has been scheduled later than the expiration of the standard interval set forth in Exhibit C and CLEC cancels its order no later than ten (10) days before such original Due Date. 6.4.Definitions of the most common critical dates that occur during the ordering and installation process are included in the Definitions Section of this Agreement. 6.4.UDIT is ordered with basic installation. Owest will install the UDIT extending connections to CLEC Demarcation Point and will notify CLEC when the work activity is complete. 6.4.Intentionally Left Blank. 6.4.4 Intentionally Left Blank. 6.4.Owest will perform industry standard tests, set forth in Technical Publication 77389 , when installing UDIT service. 6.4.To convert an existing private line/special access circuit to UDIT , CLEC must submit two (2) ASRs to change the circuit identification , Network Channel Interface Code (NCI) and billing. 6.4.CLEC will submit an Access Service Request (ASR) for rearrangement including appropriate termination information (e., Connecting Facility Assignment (CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes). Maintenance and Repair The Parties will perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Owest Cross Connections will be repaired by Owest. Maintenance and Repair July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 188 Section 9 Unbundled Network Elements processes are contained in the Access to ass Section of this Agreement. Rearrangement CLEC can submit requests through the ASR process to move or rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options. These rearrangements are available through a single Wire Center or dual Wire Center request. Single Wire Center rearrangements are limited to the change in options or movement of terminations within a single Wire Center. Dual Wire Center rearrangements are used to change options or movement of terminations in two (2) Wire Centers. Rearrangement is only available for in-place and working UDITs. The rearrangement of terminations or option changes are completed as an "uncoordinated change" (basic request) and will be completed within the normal intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of terminations or options changes, additional labor installation as identified in Exhibit A shall apply. CLEC will submit an ASR with the rearrange USOC and appropriate termination information (e., CFA) or NC/NCI codes (Network Channel Codes/Network Channel Interface Codes). Unbundled Dark Fiber Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Description Unbundled Dark Fiber (UDF) is a deployed , unlit strand or strands of fiber that connects two (2) Wire Centers within Owest's network within the same LATA or state. UDF exists in two (2) distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route between two (2) Owest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include all local exchange Dark Fiber Owest owns directly or to which it has a right to access under agreements with any other party affiliated or not , that do not prohibit Owest's ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities owned by Owest, but will include in place and easily called into service facilities to which Owest has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right to Use (IRUs) or capitalized leases. Owest shall not be required to extend access in a manner that is inconsistent with the restrictions and other terms and conditions that apply to Owest's access; however, in the case of access obtained from an Affiliate: (a) the actual practice and custom as between Owest and the Affiliate shall apply, in the event that it provides broader access than does any documented agreement that may exist, and (b) any terms restricting access by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions imposed by any agreement with a third party from whom the Affiliate has gained rights of access) shall not be applied to restrict CLEC access. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 189 Section 9 Unbundled Network Elements Terms and Conditions Qwest shall unbundle dark fiber transport between any pair of Qwest Wire Centers except where , through application of "Tier" classifications described in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such , Qwest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Qwest shall make a list available to CLEC of those Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Qwest will provide CLEC with non-discriminatory access to UDF in accordance with Section 9.1. Qwest will provide UDF of substantially the same quality as the fiber facilities that Qwest uses to provide retail service to its own End User Customers. Qwest provides access to unbundled Dark Fiber at: Accessible terminations such as fiber distribution panels. A point of technically feasible access is any point in Qwest's outside plant at or near an MTE premises where a technician can access the wire or fiber within the cable without removing a splice case to reach the wire or fiber within to access the wiring in the MTE premises. Such points include, but are not limited to, a pole or pedestal , the network interface device , the minimum point of entry, the single point of interconnection, and the feeder/distribution interface. Intentionally Left Blank. Qwest will provide CLEC with access to deployed Dark Fiber facilities. CLEC shall be responsible for obtaining and connecting electronic equipment, whether light generating or light terminating equipment , to the Dark Fiber at both ends, provided that if CLEC requests Qwest to obtain and connect the electronic equipment, Qwest will follow the requirements of Section 9.19 in deciding whether or not to build the facilities for CLEC.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of one (1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable segment over a twelve (12) month period. Before CLEC may order additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each cable segment. Efficient use of interoffice cable segments is defined as providing a minimum of OC-12 termination on each fiber pair. Efficient use of UDF MTE Subloop fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands , whichever is greater, for maintenance spare, which fibers or strands are not subject to the termination requirements in this paragraph. Qwest shall not have an obligation to unbundle Dark Fiber in the following July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 190 Section 9 Unbundled Network Elements circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for maintenance or reserves for maintenance spare for Qwest's own use. Qwest shall not reserve more than five percent (5%) of the fibers in a sheath , or two (2) strands, whichever is greater, for maintenance or maintenance spare for Qwest's own use.b) Qwest will not be required to unbundle Dark Fiber if Qwest demonstrates to the Commission by a preponderance of the evidence that such unbundling would create a likely and foreseeable threat to its ability to meet its Carrier of last resort obligations as established by any regulatory authority. Qwest shall initiate such proceeding within seven (7) Days of denying CLEC' request (by written notice) to unbundle Dark Fiber where such fiber is available. In this proceeding, Qwest shall not object to using the most expeditious procedure available under state law, rule or regulation. Qwest shall be relieved of its unbundling obligations, related to the specific Dark Fiber at issue , pending the proceeding before the Commission. If Qwest fails to initiate such pending proceeding within such seven (7) Day period , CLEC's request to unbundle Dark Fiber shall be reinstated and the ordering and Provisioning processes of Section 3 shall continue. Intentionally Left Blank. 9.7.7 Specifications , interfaces and parameters for Dark Fiber are described in Qwest's Technical Publication 77383. Qwest. CLEC is responsible for trouble isolation before reporting trouble to Intentionally Left Blank.10 Upon thirty (30) Days notification to CLEC , Qwest may initiate a proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of last resort obligations as established by any regulatory authority. In such proceeding, CLEC shall not object to using the most expeditious procedure available under state law rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose permitted under this Agreement pending the proceeding before the Commission; provided , however, that such use shall be at CLEC's sole risk of any reclamation approved by the Commission , including the risk of termination of service to End User Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the reclamation requirements in this paragraph. Intentionally Left Blank. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 191 Section 9 Unbundled Network Elements 12 CLEC must have established Collocation or other Technically Feasible means of network demarcation pursuant to Section 9.1.4 of this Agreement at both terminating points of the UDF-IOF. No Collocation is required in intermediate Wire Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected. CLEC has no access to UDF at those intermediate Wire Centers. 12.1 CLEC-to-CLEC connections with UDF for the mutual exchange of traffic is permissible pursuant to the provisions in Section 9.13 CLEC is responsible for all work activities at the MTE premises. All negotiations with the premises End User Customer and or premises owner are solely the responsibility of CLEC. Intentionally Left Blank. 15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation is not required to access MTE Subloops.16 CLEC will incur all costs associated with disconnecting the UDF from its side of the network Demarcation Point.17 Owest and CLEC will jointly participate in continuity testing within the Provisioning interval established in Exhibit C. Owest and CLEC must coordinate on the date and time for this continuity testing. As part of their respective duties regarding this continuity test, Owest shall furnish a light detector at one (1) termination point of the UDF, and CLEC shall furnish light generating equipment at the other termination point of the UDF as described below: 17.CLEC may identify on its order the Wire Center at which Owest must provide a light detector and the Wire Center at which CLEC will provide light generating equipment. If CLEC does not identify the Wire Center on its order, Owest and CLEC shall mutually agree on the Wire Center at which CLEC will provide the light generating equipment. 17.Intentionally Left Blank. 17.Intentionally Left Blank. 18 If, within ten (10) Days of the date Owest provisioned an order for UDF CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet the minimum parameters set forth in Technical Publication 77383, and if the trouble is in the Owest UDF facility, not due to fault on the part of CLEC , then Owest will at no additional cost, attempt to repair the UDF as it relates to Owest cross connects andjumpers. If Owest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, Owest will replace the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If Owest cannot replace the UDF upon receipt of CLEC's disconnect order, Owest will refund the nonrecurring charges associated with the Provisioning excluding IRI FVOP and Field Verification and will discontinue all recurring charges. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 192 Section 9 Unbundled Network Elements Intentionally Left Blank. Intentionally Left Blank. Ordering Processes Ordering processes and installation intervals are as follows: The first step of the UDF ordering process is the inquiry process. The UDF inquiry is used to determine the availability of UDF. CLEC must submit a UDF inquiry and CLEC must specify the two (2) locations and the number of fibers requested. Qwest will notify CLEC, within the interval set forth in Exhibit C of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC' request pursuant to Section 9.5(b). Qwest shall provide written notice of denials pursuant to (iii) above. If there is UDF available , the UDF simple inquiry response and the complex inquiry response will contain up to five (5) available UDF routes between the GLEe-specified end locations. If additional routes are available Qwest will notify CLEC that such additional routes exist and negotiate how that additional information will be made available. CLEC will establish network Demarcation Points to accommodate UDF optical terminations via Collocation or other Technically Feasible means or network demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other network demarcation arrangements have not been completed , CLEC must have obtained preliminary APOT address information (CFA - Connecting Facility Assignment) for its network Demarcation Points in each Qwest Wire Center where the UDF terminates prior to placing an order for UDF. When preliminary APOT has been established and delivered to CLEC , Qwest can begin processing the UDF Provisioning order upon receipt of the UDF Provisioning request. If the preliminary APOT address is changed by CLEC , a new Provisioning time line for UDF must be established. Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are two (2) possible termination scenarios. Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE Premises at a Technically Feasible point if possible. access is not Technically Feasible on the MTE Premises, then CLEC may request access to UDF MTE Subloop at a Technically Feasible point near the MTE Premises. Qwest will prepare and submit to CLEC a quotation along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotations are on an Individual Case Basis (ICB) and will include costs and an interval in accordance with Exhibit C. Intentionally Left Blank. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 193 Section 9 Unbundled Network Elements Termination at Qwest Wire Center. If spare fiber is available and CLEC chooses to proceed , and the request is for UDF terminations at a Qwest Wire Center, Qwest will begin the Provisioning process upon notification from CLEC to proceed and the receipt of fifty percent (50%) of the nonrecurring charges. The notification to proceed is accomplished by completing, signing and returning the original inquiry request to the account manager. Provisioning intervals for this type of request are set forth in Exhibit C. CLEC will be notified that Provisioning is complete and the remaining nonrecurring charges and associated recurring charges will be billed. 3.4 An order may be canceled any time up to and including the Service Date. CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior to reserving space, CLEC must place an inquiry pursuant to Section 9.1 of this Agreement and receive a UDF inquiry response that reflects that the route to be reserved is available. CLEC is also strongly encouraged to request a field verification that the route to be reserved is available. If CLEC does not obtain a field verification CLEC assumes the risk that records upon which the UDF inquiry response is based may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days. CLEC may extend or renew reservations if there is delay in completion of the Collocation build. All applicable UDF recurring charges specified in Section 9.2 will be assessed at the commencement of the reservation. Nonrecurring charges for Provisioning and cross connects will be assessed at the time of installation. 7.4 Maintenance and Repair 7.4.The Parties will perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair processes are contained in the Access to ass Section of this Agreement. 7.4.If it is determined that the UDF does not meet the minimum parameters of Technical Publication 77383 without fault of CLEC , and if the trouble is in the Qwest UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross connects and jumper at no additional cost. If Qwest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383 , then Qwest will replace the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot replace the UDF with available pairs, then it, upon receipt of CLEC's disconnect order will discontinue the recurring charges effective as of the date of the commencement of the trouble. Rate Elements Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides Miscellaneous Charges. Dark Fiber includes the following rate elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort that investigates the availability of UDF. This is a one-time charge for each route check requested by CLEC. A simple IRldetermines if UDF is available between July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 194 Section 9 Unbundled Network Elements two (2) Qwest Wire Centers. A complex IRI is used to determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI immediately upon receipt of the inquiry. The IRI is a record search and does not guarantee the availability of UDF. b) Field Verification and Quote Preparation (FVQP). This rate element is a pre-order work effort to estimate the cost of providing UDF access to CLEC at locations other than Qwest Wire Centers. Qwest will prepare a quotation which will explain what work activities, timeframes, and additional costs , including recurring and non-recurring costs , are associated with providing access to this FDP location. This quotation will be good for thirty (30) Days. The FVQP is not necessary when the request is between Qwest Wire Centers (Le., simple IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF that has been reserved after a Field Verification has been performed, then the charge for FVQP will be reduced by the amount of the Engineering Verification charge assessed in the context of the reservation.c) Engineering Verification. This rate element is an additional records check for Unbundled Dark Fiber MTE Subloop. The following rate elements are used once the availability of UDF has been established and CLEC chooses to access UDF. Unbundled Dark Fiber - Single Strand - IOF Rate Elements a) UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply per cross connect provided on the facility. Termination charges apply for each intermediate office terminating at an FDP or like cross connect point. b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This recurring rate element applies per strand. This rate element provides a transmission path between Qwest Wire Centers. This rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. c) UDF-IOF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FDP to CLEC's optical Demarcation Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply per strand. Cross connect charges apply for each intermediate office terminating at an FDP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC' order for UDF-IOF. Intentionally Left Blank. Intentionally Left Blank. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 195 Section 9 Unbundled Network Elements 2.4 Order. Unbundled Dark Fiber - Order Charge , First Strand/Route , Per 2.4.This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the strand. The element applies for the first strand that is requested to terminate at a single location. Unbundled Dark Fiber - Order Charge , Each Additional Strand/Route, Per Order. This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber strand. The element applies to each additional strand ordered to the same location , on the same request. Unbundled Dark Fiber per Pair - IOF Rate Elements 1 UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FDP within the Owest Wire Center. Two UDF-IOF terminations apply per pair at each end of the facility. Termination charges apply for each intermediate Central Office terminating at an FDP or like cross connect point. 2 UDF-IOF Fiber Transport , (Pair) Rate Element. This rate element is a recurring component and applies per pair. This rate element provides a transmission path between Owest Wire Centers. The recurring component of this rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. 2.7 UDF-IOF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FDP to CLEC's optical Demarcation Point. A minimum of two (2) UDF- IOF fiber cross connects apply per pair. Cross connect charges apply for each intermediate Central Office terminating at an FDP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC's order for UDF-IOF. Order. Unbundled Dark Fiber - Order Charge , First Pair/Route, Per This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the pair. The element applies for the first pair that is requested to terminate at a single location. Unbundled Dark Fiber- Order Charge Pair/Route , Per Order, Per Location , Per Request. Each Additional July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 196 Section 9 Unbundled Network Elements This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber pair. The element applies to each additional pair ordered to the same location , or subsequent locations for CLEC. Unbundled Dark Fiber Splice. 10.This rate element is the nonrecurring charge assessed for the splice location, if required, to make the UDF MTE subloop accessible. This rate element is for the work performed at the accessible first manhole or splicing location associated with an UDF MTE subloop order. Unbundled Dark Fiber MTE Subloop. 11.This rate element includes recurring and nonrecurring charges assessed for the UDF MTE subloop and it is 1GB (Individual Case Basis). 12 Miscellaneous Services. The following miscellaneous services, as described in Section 9., are available with Dark Fiber. Miscellaneous Charges apply for miscellaneous services. Cancellation Dispatch Maintenance of Service. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Additional Unbundled Elements CLEC may request non-discriminatory access to and , where appropriate, development of additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process. July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 197 Section 9 Unbundled Network Elements Construction Charges Qwest will assess whether to build for CLEC in the same manner that it assesses whether to build for itself. Qwest will conduct an individual financial assessment of any request that requires construction of network capacity, facilities , or space for access to or use of UNEs. When Qwest constructs to fulfill CLEC's request for UNEs, Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through nonrecurring charges as described in this Section 9.19. When CLEC orders the same or substantially similar service available to Qwest End User Customers, nothing in this Section shall be interpreted to authorize Qwest to charge CLEC for special construction where such charges are not provided for in a Tariff or where such charges would not be applied to a Qwest End User Customer. 19.Qwest reserves the right to determine if Qwest will undertake requested construction. Some circumstances under which Qwest will reject a construction request include but are not limited to, if it is determined that the requested element will jeopardize the reliability of Qwest's existing network, endanger Qwest's employees or consumers , is not consistent with the National Electrical Code (NEC), or does not meet Network Equipment Building Standards (NEBS) requirements. If Qwest agrees to construct a network element, the following will apply. 19.CLEC may request that Qwest construct new facilities for use in providing services offered as Unbundled Network Elements (UNEs) using the GLEe-Requested Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for requests that can be resolved through facility work or assignments. CRUNEC is not available for requests for facilities that are not offered as UNEs. Qwest'CRUNEC applies to the following Wholesale products and services: Enhanced Extended Loop (EEL) Unbundled Subloop Unbundled Dark Fiber (UDF) Unbundled Dedicated Interoffice Transport (UDIT) Unbundled Local Loop 19.To make a request for construction of facilities , CLEC must submit a CRUNEC request by contacting the Qwest service manager. 19.Rates for CRUNEC 19.A Records Quote Preparation Fee (RQPF) applies , and is a nonrecurring charge assessed prior to preparation of a Records Quotation , which is a high level overview and estimate of the cost of construction. This construction estimate is based on records only and is not binding on Qwest. Credit in the amount of the RQPF will be applied to the Construction Quote Preparation Fee that is described below. 19.The Construction Quote Preparation Fee (CQPF) is a nonrecurring charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC quotation provides the amount CLEC will pay should it agree to pursue construction. Credit in the amount of the CQPF will be applied to the cost of construction if CLEC accepts the quoted CRUNEC price and agrees to pursue construction. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 198 Section 9 Unbundled Network Elements 19.CLEC may choose to first receive a Records Quotation, or may choose to forego the Records Quotation and pay the CQPF for the CRUNEC quotation , at any time after receiving notification that facilities are not available to complete a service request. 19.Qwest will retain the CQPF if CLEC chooses not to proceed with the construction. At any point after remitting payment for construction , if CLEC decides to begin but then to discontinue construction , Qwest will refund the Construction payment excluding expenditures already incurred by Qwest for work completed (including work Engineered , Furnished and/or Installed (EF&I)). Qwest will provide a brief description of work completed. 19.EF&I is defined as: Engineering labor to analyze the needs for the requested UNE and design and issue the required work orders Furnished material cost Installation labor costs to complete the work order 19.3.4 The amount of the CRUNEC quotation is determined using the same financial analysis criteria, and costs to recover for EF&I , that Qwest uses to assess whether to build the equivalent facilities for itself. 19.Rates are included in Exhibit A to this Agreement. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Unbundled Network Element Combinations 23.1 General Terms 23.Qwest shall provide CLEC with non-discriminatory access to combinations of Unbundled Network Elements , including but not limited to , Enhanced Extended Loop (EEL), according to the following terms and conditions. 23.Qwest will offer to CLEC UNE Combinations , on rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act, the applicable FCC rules , and other Applicable Laws. The methods of access to UNE Combinations described in this section are not exclusive. Qwest will make available any other form of access requested by CLEC that is consistent with the Act and the regulations thereunder. CLEC shall be entitled access to all combinations functionality as provided in FCC rules and other Applicable Laws. Qwest shall not require CLEC to access any UNE Combinations in conjunction with any other service or element unless specified in this Agreement or as required for Technical Feasibility reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 199 Section 9 Unbundled Network Elements Combinations accessed by CLEC , except as specified in this Agreement or required by Existing Rules. 23.Changes in law, regulations or other "Existing Rules" relating to UNEs and UNE Combinations, including additions and deletions of elements Qwest is required to unbundle and/or provide in a UNE Combination , shall be incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules , or the Bona Fide Request process , CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC. 23.1.2.CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e., switched and special access services offered pursuant to Tariff), and request Qwest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the Connecting Facility Assignment (CFA) of CLEC's network demarcation (e., Collocation or multiplexing facilities) for each UNE , UNE Combination , or wholesale service when requesting Qwest to perform the Commingling of such services. Qwest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Qwest's network with access services. All requests for combinations and Commingling will be subject to the terms and conditions in Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest with another UNE provided by Qwest or with compatible network components provided by CLEC or provided by third parties to CLEC in order to provide Telecommunications Services. Notwithstanding the foregoing, CLEC can connect its UNE Combination to Qwest's Directory Assistance and operator services platforms. 23.Intentionally Left Blank. 23.When ordered as combinations of UNEs, Network Elements that are currently combined and ordered together will not be physically disconnected or separated in any fashion except for technical reasons or if requested by CLEC. Network Elements to be provisioned together shall be identified and ordered by CLEC as such. When CLEC orders in combination UNEs that are currently interconnected and functional , such UNEs shall remain interconnected or combined as a working service without any disconnection or disruption of functionality. 23.1.4 When ordered in combination , Qwest will combine for CLEC UNEs that are ordinarily combined in Qwest's network , provided that facilities are available. 23.When ordered in combination , Qwest will combine for CLEC UNEs that are not ordinarily combined in Qwest's network, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Would not impair the ability of other Carriers to obtain access to July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30 , 2007 200 Section 9 Unbundled Network Elements UNEs or to interconnect with Qwest's network; and 23.Would not impair Qwest's use of its network. 23.When ordered in combination , Qwest will combine CLEC UNEs with Qwest UNEs, provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Shall be performed in a manner that provides Qwest access to necessary facilities; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Qwest's network; and 23.6.4 Would not impair Qwest's use of its network. 23.Intentionally Left Blank. 23.2 Description UNE Combinations are available in, but not limited to, the following standard products: EEL subject to the limitations set forth below. If CLEC desires access to a different UNE Combination , CLEC may request access through the Special Request Process set forth in this Agreement. Qwest will provision UNE Combinations pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all of the UNEs included in the combination request, and their associated Billing rate elements are contained in this Agreement. If Qwest develops additional UNE Combination products CLEC can order such products without using the Special Request Process , but CLEC may need to submit a New Customer Questionnaire and execute an amendment before ordering such products. 23.3 Terms and Conditions 23.Qwest shall provide non-discriminatory access to UNE Combinations on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of .a UNE Combination Qwest provides , as well as the access provided to that UNE Combination, will be equal between all Carriers requesting access to that UNE Combination; and , where Technically Feasible , the access and UNE Combination provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself. In those situations where Qwest does not provide access to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.3.4 Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 201 Section 9 Unbundled Network Elements UNEs or to interconnect with Owest's network; and 23.Would not impair Owest's use of its network. 23.When ordered in combination, Owest will combine CLEC UNEs with Owest UNEs , provided that facilities are available and such combination: 23.Is Technically Feasible; 23.Shall be performed in a manner that provides Owest access to necessary facilities; 23.Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Owest's network; and 23.6.4 Would not impair Owest's use of its network. 23.Intentionally Left Blank. 23.2 Description UNE Combinations are available in , but not limited to, the following standard products: EEL subject to the limitations set forth below. If CLEC desires access to different UNE Combination , CLEC may request access through the Special Request Process set forth in this Agreement. Owest will provision UNE Combinations pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all of the UNEs included in the combination request, and their associated Billing rate elements are contained in this Agreement. If Owest develops additional UNE Combination products CLEC can order such products without using the Special Request Process , but CLEC may need to submit a New Customer Questionnaire and execute an amendment before ordering such products. 23.3 Terms and Conditions 23.Owest shall provide non-discriminatory access to UNE Combinations on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of a UNE Combination Owest provides , as well as the access provided to that UNE Combination, will be equal between all Carriers requesting access to that UNE Combination; and , where Technically Feasible , the access and UNE Combination provided by Owest will be provided in "substantially the same time and manner" to that which Owest provides to itself. In those situations where Owest does not provide access to UNE Combinations itself, Owest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.3.4 Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 201 Section 9 Unbundled Network Elements 23.Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and dedicated interoffice transport and may also include multiplexing. EEL transport and Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL. EEL is offered as a conversion from private line/special access or as new installation subject to the terms of Section 9. 23.Service Eligibility Criteria in Section 9.10 apply to combinations of high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs , EEL conversions (including commingled EEL conversions) or new commingled EELs (e., high capacity loops attached to special access transport). CLEC cannot utilize combinations of Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service Eligibility Criteria in Section 9.10. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.2.4 Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.11 CLEC may request the conversion of an existing private line/special access service to an EEL. Retail and/or resale private line circuits (including multiplexing) may be converted to EEL if the conversion is Technically Feasible and they meet the terms of Section 1. Qwest will provide CLEC with conversions to EELs according the standard intervals set forth in Exhibit C. Work performed by Qwest to provide Commingled EELs at CLEC's request or to provide services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies , if any, contained in this Agreement or elsewhere , by virtue of that service inclusion in a requested Commingled EEL service arrangement. Provisioning intervals applicable July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 202 Section 9 Unbundled Network Elements to services included in a requested Commingled service arrangement will not begin to run until CLEC provides a complete and accurate service request, necessary CFAs to Qwest, and Qwest completes work required to provide for the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 23.11.Intentionally Left Blank. 23.12 EEL is a combination of Loop and dedicated interoffice transport used for the purpose of connecting an End User Customer to CLEC's Collocation. EEL can also be ordered as a new installation of circuits for the purpose of CLEC providing services to End User Customers. 23.12.Terms and Conditions 23.12.Intentionally Left Blank. 23.12.One (1) end of the interoffice facility of a high capacity EEL must originate at CLEC's Collocation in a Wire Center other than the Serving Wire Center of the Loop. 23.12.4 EEL combinations consist of Loops and interoffice transport of the same bandwidth (Point-to-Point EEL). High capacity point-to-point EELs must originate from CLEC' Collocation in a Wire Center other than the Serving Wire Center of the Loop. When multiplexing is requested, EEL may consist ofLoops and interoffice transport of different bandwidths (multiplexed EEL). 23.12.Intentionally Left Blank. 23.12.Installation intervals are set forth in Exhibit C and in the Service Interval Guide (SIG) on the following web site add ress: http://www.qwestcom/carrier/guides/sig/index.htmi. 23.12.Intentionally Left Blank. 23.12.EEL is available only where existing facilities are available. 23.12.Rearrangements may be requested for work to be performed by Qwest on an existing EEL or on some private line/special access circuits when coupled with a conversion-as- specified request to convert to EEL. 23.Ordering 23.Intentionally Left Blank. 23.CLEC will submit EEL orders using the LSR process. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 203 Section 9 Unbundled Network Elements 23.Owest will install the appropriate channel' card based on the OSO EEL Loop LSR order and apply the charges. 23.8.4 Intentionally Left Blank. 23.One (1) LSR is required when CLEC orders Point-to-Point EEL. Multiplexed EEL and EEL Loops must be ordered on separate LSRs. 23.Out of Hours Project Coordinated Installations: CLEC may request project coordinated installations outside of Owest's standard installation hours. This permits CLEC to obtain a coordinated installation for EEL where CLEC requests work to be performed outside of Owest's standard installation hours. For purposes of this Section, Owest's standard installation hours are 8:00 m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. Installations commencing outside of these hours are considered to be out of hours project coordinated installations. 23.The date and time for the out of hours project coordinated installation requires up-front planning and shall be negotiated between Owest and CLEC. All requests will be processed on a first come , first served basis and are subject to Owest's ability to meet a reasonable demand. Considerations such as volumes, system down time, Switch upgrades Switch maintenance, and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention) must be reviewed. 23.To request out of hours project coordinated installations CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours project coordinated Installation in the "remarks section of the LSR. 23.Rate Elements Exhibit A provides recurring and nonrecurring rates for EEL and also provides Miscellaneous Charges. 23.EEL Loop. The EEL Loop is the Loop connection between the End User Customer premises and the Serving Wire Center. EEL Loop is available in OSO, OS1 , and DS3 bandwidths. Recurring and nonrecurring charges apply. 9.23.EEL Transport. EEL Transport consists of the dedicated interoffice facilities between Owest Wire Centers. EEL Transport is available in OSO, OS1 , and OS3 bandwidths. Recurring charges apply. 23.EEL Multiplexing. EEL multiplexing is offered in OS3 to OS1 and OS1 to OSO configurations. EEL multiplexing is ordered with EEL Transport. Recurring and nonrecurring charges apply. 23.9.4 OSO Low Side Channelization and OSO MUX Low Side Channelization. EEL OSO Channel Cards are required for each OSO EEL Loop. Channel Cards are available for Analog Loop Start, Ground Start , Reverse July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 204 Section 9 Unbundled Network Elements Battery, and No Signaling. 23.Intentionally Left Blank. 23.Rearrangements. Nonrecurring charges apply for work performed by Owest on an existing EEL or on private line/special access circuits when coupled with a conversion-as-specified request to convert to EEL. 23.Nonrecurring line/Special Access to EEL. charges apply for conversions of private 23.Miscellaneous Charges. The following miscellaneous services as described in Section 9., are available with EEL. Miscellaneous Charges apply for miscellaneous services. a) Additional labor - installation Miscellaneous Charges apply for out- of-hours project coordinated installations scheduled to commence out of hours, or rescheduled by CLEC to commence out of hours, in addition to standard nonrecurring charges for the installation b) Additional labor - other Miscellaneous Charges apply for Optional Testing Cancellation Design change Dispatch Expedite Maintenance of Service. 23.10 CLEC may request access to and , where appropriate , development of additional UNE Combinations. For UNEs Owest currently combines in its network CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Owest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination of UNEs , identifying each individual UNE by name as described in this Agreement. 23.Intentionally Left Blank. 23.12 If CLEC is obtaining services from Owest under an arrangement or agreement that includes the application of termination liability assessment (TLA) or minimum period charges, and if CLEC wishes to convert such services to UNEs or a UNE Combination , the conversion of such services will not be delayed due to the applicability of TLA or minimum period charges. The applicability of such charges is governed by the terms of the original agreement, Tariff or arrangement. Nothing herein shall be construed as expanding the rights otherwise granted by this Agreement or by law to elect to make such conversions. July 12, 200711hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 205 Section 9 Unbundled Network Elements 23.13 For installation of new UNE Combinations , CLEC will not be assessed UNE rates for UNEs ordered in combination until access to all UNEs that make up such combination have been provisioned to CLEC as a combination. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.16 In the event Owest terminates the Provisioning of any UNE Combination service to CLEC for any reason , CLEC shall be responsible for providing any and all necessary notice to its End User Customers of the termination. In no case shall Owest be responsible for providing such notice to CLEC's End User Customers. Owest shall only be required to notify CLEC of Owest's termination of the UNE Combination service on a timely basis consistent with Commission rules and notice requirements. 23.17 CLEC , or CLEC's agent , shall act as the single point of contact for its End User Customers' service needs, including without limitation, sales, service design, order taking, Provisioning, change orders , training, maintenance, trouble reports , repair , post- sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers that they are End User Customers of CLEC. CLEC's End User Customers contacting Owest will be instructed to contact CLEC , and Owest's End User Customers contacting CLEC will be instructed to contact Owest. In responding to calls, neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owest or CLEC from discussing its products and services with CLEC's or Owest's End User Customers who call the other Party seeking such information. 23.4 Rates and Charges 23.4.The rates and recurring and nonrecurring charges for the individual Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit , and Exhibit A also provides Miscellaneous Charges. 23.4.Recurring monthly charges for each Unbundled Network Element that comprise the UNE Combination shall apply when a UNE Combination is ordered. 23.4.Nonrecurring charges , if any, will apply based upon the cost to Owest of Provisioning the UNE Combination and providing access to the UNE Combination. 23.4.Miscellaneous Charges will apply based upon Owest providing miscellaneous services , if made available , with UNE combination. 23.4.If the Commission takes any action to adjust the rates previously ordered Owest will make a compliance filing to incorporate the adjusted rates into Exhibit A. Upon the compliance filing by Owest, the Parties will abide by the adjusted rates on a going-forward basis, or as ordered by the Commission. 23.4.CLEC shall be responsible for Billing its End User Customers served over July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 206 Section 9 Unbundled Network Elements UNE Combinations for surcharges required of CLEC by statute , regulation or otherwise required. 23.4.4 Intentionally Left Blank. 23.4.Intentionally Left Blank. 23.4.Owest shall have a reasonable amount of time to implement system or other changes necessary to bill CLEC for Commission-ordered rates or charges associated with UNE Combinations. 23.Ordering Process 23.UNE Combinations and associated products and services are ordered via an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement and in the PCAT. The following is a high-level description of the ordering process: 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.Step 1: representative. Complete product questionnaire with account team 23.1.4 Step 2: Obtain Billing Account Number (BAN) through account team representative. 23.Step 3: Allow two (2) to three (3) weeks from Owest's receipt of a completed questionnaire for accurate loading of UNE Combination rates to the Owest Billing system. 23.Step 4: After account team notification , place UNE Combination orders via an LSR or ASR, as appropriate. 9.23.1.7 Additional information regarding the ordering processes are located at: http://www.qwestcom/wholesale/solutions/cIecFadl ity/une -p - c.html. 23.Prior to placing an order on behalf of each End User Customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization as set forth in this Agreement 23.Standard service intervals for each EEL are set forth in Exhibit C. For UNE Combinations with appropriate retail analogues , CLEC and Owest will use the standard Provisioning interval for the equivalent retail service. CLEC and Owest can separately agree to Due Dates other than the standard interval. 23.5.4 Due Date intervals are established when Owest receives a complete and accurate Local Service Request (LSR) or Access Service Request (ASR) made through the IMA, EDI or Exact interfaces or through facsimile. For EEL, the date the LSR or ASR is received is considered the start of the service interval if the order is received on a business day prior to 3:00 p.m. For EEL, the service interval will begin on the next July 12 , 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 207 Section 9 Unbundled Network Elements business day for service requests received on a non-business day or after 3:00 p.m. on a business day. Business days exclude Saturdays , Sundays , New Year s Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 23.Intentionally Left Blank. 23.Intentionally Left Blank. 23.For EELs , CLEC shall provide Owest and Owest shall provide CLEC with points of contact for order entry, problem resolution , repair, and in the event special attention is required on service request. 23.6 Billing 23.Owest shall provide CLEC, on a monthly basis , within seven (7) to ten (10) Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format, Billing information including (1) a summary bill, and (2) individual End User Customer sub-account information consistent with the samples available for CLEC review. 23.7 Maintenance and Repair 23.Owest will maintain facilities and equipment that comprise the service provided to CLEC as a UNE Combination. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to repair Owest facilities or equipment, other than by connection or disconnection to any interface between Owest and the End User Customer, without the written consent of Owest. Loop Splitting 24.1 Description Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service simultaneously with voice service over an existing Unbundled Loop by using the frequency range above the voice band on the copper Loop. The advanced data service may be provided by the Customer of Record (the voice service provider) or another data service provider chosen by the Customer of Record. The Splitter separates the voice and data traffic and allows the copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice service to the End User Customer. "CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to as the advanced data service provider. CLEC and DLEC may be the same entity. 24.With regard to Owest's current requirement that Loop Splitting be offered over an existing Unbundled Loop, Owest acknowledges that there are ongoing industry discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. as a result of those discussions, a process is developed for Loop Splitting over a new Loop, Owest will amend its Agreement to eliminate the limitation of Loop Splitting to existing Unbundled Loops. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 208 Section 9 Unbundled Network Elements 24.Terms and Conditions 24.General 24.Qwest is not responsible for providing the Splitter, filter(s) and/or other equipment necessary for the End User Customer to receive separate voice and data service across a single copper Loop. 24.To order Loop Splitting, CLEC/DLEC must have a Splitter installed in the Qwest Wire Center that serves the End User Customer. The Splitter must meet the requirements for Central Office equipment Collocation set by the FCC or be compliant with ANSI T1.413. 24.There may only be one DLEC at any given time that provides advanced data service on any given Unbundled Loop. 24.1.4 If Loop Splitting is requested for an analog Loop, the Loop must be converted to a 2/4 wire non-loaded Loop. 24.1.4.The Customer of Record will be able to request conditioning of the Unbundled Loop. Qwest will perform requested conditioning of Unbundled Loops to remove load coils and excess Bridged Taps under the terms and conditions associated with Loop conditioning contained in Section 9.2 of this Agreement. 24.1.4.If requested conditioning significantly degrades the existing service over the Unbundled Loop to the point that it unacceptable to CLEC, Customer of Record shall pay to convert back to an analog Loop. 24.Splitters may be installed in Qwest Wire Centers at the discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation arrangements set forth in the Collocation Section of this Agreement. Under either option , Splitters will be appropriately hard-wired or pre-wired so that points of termination are kept to a minimum. For Loop Splitting, Qwest shall use the same length of tie pairs as it uses for other split services provided under this Agreement , except for the additional CLEC-to-CLEC connection, which required for Loop Splitting. 24.Rate Elements Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained in Exhibit A, and Exhibit A also provides Miscellaneous Charges. 24.Recurring Rates 24.Interconnection Tie Pairs (ITP) - A monthly recurring charge to recover the costs associated with the use of ITPs. 24.OSS Charge - A monthly recurring charge to recover the cost of the OSS modifications necessary to provide access to the high frequency portion July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 209 Section 9 Unbundled Network Elements of the Unbundled Loop. 24.Nonrecurring Rates 24.Basic Installation Charge - nonrecurring charge for Loop Splitting installed will apply. 24.Miscellaneous Charges. All miscellaneous services as described Section 9.12 are available with Subloop. Miscellaneous Charges apply for miscellaneous services. 24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement. 24.All of these rates are interim and will be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A will be changed to reflect the interim rates set by the Commission; however, no true up will be performed until mutually agreed to permanent rates are established or permanent rates are established by the Commission. 24.4 Ordering Process 24.4.Loop Splitting 24.4.As a part of the pre-order process, CLEC/DLEC may access Loop characteristic information through the Loop Information Tool described in the Access to ass Section. The Customer of Record will determine, in its sole discretion and at its risk, whether to add data services to any specific Unbundled Loop. 24.4.The Customer of Record will provide on the LSR, the appropriate frame terminations that are dedicated to Splitters. Qwest will administer all cross connects/jumpers on the CaSMIC/MDF and IDF. 24.4.Basic Installation "lift and lay" procedure will be used for all Loop Splitting orders. Under this approach , a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. 24.4.1.4 The Customer of Record shall not place orders for Loop Splitting until all work necessary to provision Loop Splitting in a given Qwest Wire Center including, but not limited to , Splitter installation and tie cable reclassification or augmentation has been completed. 24.4.The Customer of Record shall submit the appropriate LSRs associated with establishing Unbundled Loop and Loop Splitting. 24.4.If the voice service is disconnected on a Loop Splitting arrangement, the Loop Splitting arrangement shall terminate. CLEC may arrange to provide DSL service to the End User Customer through purchase of July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 210 Section 9 Unbundled Network Elements another product. 24.5 Billing 24.Owest shall provide a bill to the Customer of Record , on a monthly basis within seven (7) to ten (10) Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format. 24.Owest shall bill the Customer of Record for all recurring and nonrecurring Loop Splitting rate elements. 24.6 Repair and Maintenance 24.Owest will allow CLEC/DLEC to access Loop Splitting at the point where the combined voice and data Loop is cross connected to the Splitter. 24.The Customer of Record will be responsible for reporting to Owest service troubles provided over Loop Splitting. Owest will be responsible to repair troubles on the physical line between Network Interface Devices at the End User Customer premises and the point of demarcation in Owest Wire Centers. Owest, CLEC and DLEC each will be responsible for maintaining its equipment. The entity that controls the Splitters will be responsible for their maintenance. 24.3 Owest, CLEC and DLEC will continue to develop repair and maintenance procedures for Loop Splitting and agree to document final agreed to procedures in a methods and procedures document that will be made available on Owest's web site. 24.7 Customer of Record and Authorized Agents 24.1 "Customer of Record" is defined for the purposes of this section as the voice service provider. Owest will bill the Customer of Record for Loop Splitting. The Customer of Record may designate an authorized agent pursuant to the terms of sections 9.24.2 and 9.24.3 to perform ordering and/or Maintenance and Repair functions. 24.In order for the authorized agent of the Customer of Record to perform ordering and/or Maintenance and Repair functions , the Customer of Record must provide its authorized agent the necessary access and security devices , including but not limited to user identifications , digital certificates and SecurlD cards , that will allow the authorized agent to access the records of the Customer of Record. Such access will be managed by the Customer of Record. 24.The Customer of Record shall hold Owest harmless with regard to any harm Customer of Record receives as a direct and proximate result of the acts or omissions of the authorized agent of the Customer of Record or any other Person who has obtained from the Customer of Record the necessary access and security devices including but not limited to user identifications, digital certificates and SecurlD cards , that allow such Person to access the records of the Customer of Record unless such access and security devices were wrongfully obtained by such Person through the willful or negligent behavior of Owest. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 211 Section 9 Unbundled Network Elements Loop-Mux Combination (LMC) 25.Description 25.Loop-mux combination (LMC) is an unbundled Loop as defined in Section 9.2 of this Agreement (referred to in this Section as an LMC Loop) Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1 or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed facility is provided as either an Interconnection Tie Pair (ITP) or Expanded Interconnection Termination (EICT) from the high side of the multiplexer to CLEC's Collocation. The multiplexer and the Collocation must be located in the same Qwest Wire Center. 25.LMC provides CLEC with the ability to access End User Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth via a PL T/SA DS1 or DS3 multiplexer. There is no interoffice transport between the multiplexer and CLEC's Collocation. 25. provisioning. Qwest offers the LMC Loop as a billing conversion or as new 25.Terms and Conditions 25.An Extended Enhanced Loop (EEL) may be commingled with the PL T/SA multiplexed facility. 25. available. LMC Loops will be provisioned where existing facilities are 25. Collocation. The PL T/SA DS1 or DS3 multiplexed facility must terminate in a 25.2.4 The multiplexed facility is subject to all terms and conditions (ordering, provisioning, and billing) of the appropriate Tariff. 25.The multiplexer and the Collocation must be located in the same Qwest Wire Center. 25.Rearrangements may be requested for work to be performed by Qwest on an existing LMC Loop, or on some private line/special access circuits when coupled with a conversion-as-specified request to convert to LMC Loop. 25.Rate Elements Exhibit A provides recurring and nonrecurring rates for LMC and also provides Miscellaneous Charges. 25.The LMC Loop is the Loop connection between the End User Customer Premises and the multiplexer in the serving Wire Center where CLEC is Collocated. LMC Loop is available in DSO and DS1. Recurring and non- recurring charges apply. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 212 Section 9 Unbundled Network Elements 25.DSO Mux Low Side Channelization. LMC DSO channel cards are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer. Channel cards are available for analog loop start, ground start, reverse battery, and no signaling. See channel performance for recurring charges. 25.Nonrecurring charges apply for billing conversions to LMC Loop. 25.3.4 Nonrecurring charge apply for rearrangements of an existing LMC Loop, or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to LMC Loop. 25.Nonrecurring charges apply for conversion of private line/special access to LMC. 25.Miscellaneous Charges. The following miscellaneous services as described in Section 9., are available with LMC. Miscellaneous Charges apply for miscellaneous services. a) Additional labor - installation Miscellaneous Charges apply for out- of-hours project coordinated installations scheduled to commence out of hours , or rescheduled by CLEC to commence out of hours, in addition to standard nonrecurring charges for the installation b) Additional labor - other Miscellaneous Charges apply for Optional Testing Cancellation Design change Dispatch Expedite Maintenance of Service 25.Ordering Process 25.4.Ordering processes for LMC Loop(s) are contained in this Agreement and in Owest's Product Catalog (PCAT). The following is a high-level description of the ordering process: 25.4.Step 1: Complete product questionnaire for LMC Loop(s) with account team representative. 25.4.Step 2: Obtain billing account number (BAN) through account team representative. 25.4.Step 3: Allow two (2) to three (3) weeks from Owest's receipt of a completed questionnaire for accurate loading of LMC rates to the Owest billing system. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 213 Section 9 Unbundled Network Elements 25.4.1.4 Step 4: After account team notification , place LMC Loop orders via an LSR. 25.4.Prior to placing an order on behalf of each End User Customer CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization (POA) as set forth in this Agreement. 25.4.Standard service intervals for LMC Loops are in the Service Interval Guide (SIG) available at www.qwestcom/whoiesale. 25.4.4 Due date intervals are established when Qwest receives a complete and accurate LSR made through the IMA or EDI interfaces or through facsimile. For LMC Loops, the date the LSR is received is considered the start of the service interval if the order is received on a business day prior to 3:00 p. For LMC Loops, the service interval will begin on the next business day for service requests received on a non-business day or after 3:00 p.m. on a business day. Business days exclude Saturdays, Sundays, New Year s Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 25.4.Out of Hours Project Coordinated Installations: CLEC may request an out of hours project coordinated Installation. This permits CLEC to obtain a coordinated installation for LMC Loops with installation work performed by Qwest outside of Qwest's standard installation hours. For purposes of this Section, Qwest's standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, except holidays. Installations commencing outside of these hours are considered to be out of hours project coordinated installations. 25.4.1 The date and time for the out of hours project coordinated installation requires up-front planning and shall be negotiated between Qwest and CLEC. All requests will be processed on a first come , first served basisand are subject to Qwest's ability to meet a reasonable demand. Considerations such as volumes , system down time , Switch upgrades Switch maintenance, and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention) must be reviewed. 25.4.To request out of hours project coordinated installations , CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours project coordinated Installation in the "remarks section of the LSR. 25.Billing 25.Qwest shall provide CLEC , on a monthly basis, within seven to ten (7 to 10) Days of the last day of the most recent billing period , in an agreed upon standard electronic billing format, billing information including (1) a summary bill and (2) individual End User Customer sub-account information. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 214 Section 9 Unbundled Network Elements 25.Maintenance and Repair 25.Owest will maintain facilities and equipment for LMC Loops provided under this Agreement. Owest will maintain the multiplexed facility pursuant to the Tariff. CLEC or its End User Customers may not rearrange move, disconnect or attempt to repair Owest facilities or equipment, other than by connection or disconnection to any interface between Owest and the End User Customer, without the prior written consent of Owest. July 12, 2007/lhd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 215 Section 10 Ancillary Services Section 10.0 - ANCILLARY SERVICES 10.Interim Number Portability 10.Description 10.Interim Number Portability (INP) service is an arrangement that allows an End User Customer to retain its dialed telephone number when switching to another service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest. For the purposes of this section, the Party porting traffic to the other Party shall be referred to as the "INP Provider" and the Party receiving INP traffic for termination shall be referred to as the "INP Requestor. 1 0.INP applies to those situations where an End User Customer elects to transfer to a New Service Provider and such End User Customer also wishes to retain its existing telephone number. INP consists of INP Provider provision to the INP Requestor the capability to route calls placed to telephone numbers assigned to the INP Provider s Switches to the INP Requestor s Switches. INP is available only for working telephone numbers assigned to the INP Provider s End User Customers who request to transfer to the INP Requestor s service. Local Interconnect Service (LIS) is required for INP. 10.INP is available as INP-Remote Call Forwarding (INP-RCF), Direct Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration. DNRI is available as either direct to an End Office Switch or through a Tandem Switch also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX) to CLEC's Switch if the NXX Code is used solely for one (1) End User Customer. 10.1.4 Remote Call Forwarding (RCF) 10.1.4.RCF permits a call to an INP Provider s assigned telephone number to be translated to the INP Requestor s dialable local telephone number. With the RCF solution , a permanent RCF is established in Qwest's Switch forwarding any incoming call to the telephone number assigned and maintained in CLEC's Switch. 10.1.4.INP via RCF also requires office equipment (OE), on a per telephone number basis. The INP Requestor will need to provide a forecast of deployment sites and estimated quantities of ported telephone numbers to assist in an assessment of available porting methods. Each request for INP via RCF will be analyzed by the Infrastructure Availability Center, lAC, to determine if OE is available. 10.Direct Inward Dialing (DID) DID permits incoming calls to be ported to the INP Requestor s Switch via a DID trunk configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic between Qwest's End Office Switch and CLEC's End Office Switch. The traffic on these trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID is limited to multi-frequency (MF). This precludes passing the Calling Line 10 to CLEC' July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 216 Section 10 Ancillary Services End Office Switch. With DID , because there is no SS7 capability, there are CLASS feature limitations. For DID, the INP Provider will deliver the dialed telephone number to the INP Requestor s Central Office. 10.Directory Number Route Indexing (DNRI) DNRI permits incoming calls to be ported to the INP Requestor s End Office Switch via a route index. A permanent route index is assigned to the End User Customer s ported telephone number in the INP Provider s End Office Switch. The INP Provider will deliver the dialed seven digit telephone number to the INP requestor s Central Office. INP Requestor may terminate the call as desired. Additional capacity for simultaneous call forwarding is available where Technically Feasible. The INP Requestor will need to specify the number of simultaneous calls to be forwarded for each telephone number ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to establish technical requirements for routing the ported calls. 10.Terms and Conditions 10.Owest and CLEC will provide INP service in a non-discriminatory manner and with as little impairment of functioning, quality, reliability and convenience possible. 10.Owest will coordinate INP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption. 10.The Parties shall provide INP on a reciprocal basis to each other to the extent Technically Feasible, and in accordance with rules and regulations as , from time to time, prescribed by the FCC and/or the Commission. 10.2.4 Until the long term number portability solution , referred to as Local Number Portability (LNP), is implemented by the industry pursuant to regulations issued by the FCC or the Commission, the Parties agree to provide INP to each other through RCF, DID , DNRI and NXX migration. Local Interconnect Service (LIS) is required for INP. 10.Once Local Number Portability has been implemented within a Wire Center, INP will no longer be available for ordering within that Wire Center. 10.Upon LNP implementation , the INP offerings will be withdrawn subject to advance notice to the other Party. Both Parties will conform to the Western Region LNP Technical and Operations team guidelines and agreements for completion of INP to LNP conversion activity. 10.The INP Requestor s designated INP End Office Switch must return answer and disconnect supervision to the INP Provider s End Office Switch. 10.The INP Requestor will provide to the E911 database provider the network telephone number that the INP Requestor assigned to the INP Provider- assigned, ported telephone number. Updates to and maintenance of the INP information to the E911 database are the responsibility of the INP Requestor. For consistency in administration, the INP Requestor shall enter into a separate agreement July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 217 Section 10 Ancillary Services with the E911 database provider. 10.Owest will update its Line Information Database (LlDB) listings for ported telephone numbers as directed by CLEC. Owest will restrict or cancel calling cards associated with these ported telephone numbers. LlDB updates shall be completed by the Parties on the same business day each INP arrangement is activated. 10.10 An INP telephone number may be assigned by INP Requestor only to the INP Requestor s End User Customers located within the INP Provider s Local Calling Area and toll rating area that is associated with the NXX Code of the ported telephone number. 10.11 INP is applicable only if the INP Requestor is engaged in a reciprocal traffic exchange arrangement with the INP Provider. 10.12 Only the existing INP Provider assigned End User Customer telephone number may be used as a ported telephone number for INP. 10.13 An INP telephone number must be active and assigned to an End User Customer to accommodate INP. 10.14 INP services shall not be re-sold , shared or assigned by either Party to another LEC or CLEC. 10.15 INP is not offered for NXX Codes 555 976 960, and coin telephones and Service Access Codes (Le., 500 , 700, 8XX, 900). INP is not available for Feature Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore , INP telephone numbers may not be used for mass calling events. 10.16 The ported telephone number will be returned to the End Office Switch which originally had the ported telephone number when the End User Customer disconnects service from the INP Requestor. The INP Requestor shall not retain it and reassign it to another End User Customer. The normal intercept announcement will be provided by the INP Provider for the period of time until the telephone number is reassigned by the INP Provider. 10.17 Forecasts for INP must be included in the forecasting process detailed in Section 7 of this Agreement. 10.18 NXX Migration , or Local Exchange Routing Guide Reassignment reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the NXX Code is used solely for one (1) End User Customer. Where one Party has activated an entire NXX Code for a single End User Customer, or activated a substantial portion of an NXX Code for a single End User Customer with the remaining telephone numbers in that NXX Code either reserved for future use or otherwise unused , if such End User Customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX Code reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition , both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases , routing tables, etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 218 Section 10 Ancillary Services appropriate industry lead-times (as identified in the LERG guidelines and the Central Office Code Administration guidelines) for movement of NXX Codes from one End Office Switch to another. Other applications of NXX Code migration will be discussed by the Parties as circumstances arise. 10.3 Ordering 10.Both Parties shall comply with ordering standards as developed by the industry. INP service is ordered via a Local Service Request and associated Number Portability forms. Specific details regarding the ordering of INP service is contained in the PCAT. 10.CLEC may order INP service either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.Service intervals for INP are described below. These intervals apply when facilities and network capacity is available. Where facilities or network capacity is not available , intervals are on an Individual Case Basis (ICB). Orders received after 3:00 P.M. are considered the next business day. The following service intervals have been established for Interim Number Portability: Number of Lines Interval Simple (1 FR/1 FB) 49 lines 50 or more lines 3 business days 1GB Complex (PBX TrunksllSDN) 8 lines or trunks 16 lines or trunks 17 -24 lines or trunks 25 or more lines or trunks 5 business days 6 business days 7 business days 1GB Centrex 10 lines 11-20 lines 21 or more lines 5 business days 10 business days 1GB Out of Hours Conversions Any quantity 1GB 10.3.4 Owest will provide FOCs to CLECs within a reasonable time, no later than 48 hours after receipt of complete and accurate orders for regular POTS or simple business End User Customers. The FOC interval for all other complex orders will be within a reasonable time, no later than 8 business days from receipt of complete and accurate orders. The FOC for 1GB orders will reflect an 1GB FOC date. 10.For purposes of this Section , Owest's normal business hours are 7:00 m. to 7:00 p., local time , Monday through Friday. CLEC may also request a Frame Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 219 Section 10 Ancillary Services Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p. normal business hours shall be considered an out of hours cut. 10.CLEC shall request service within the normal business hours by submitting a Local Service Request (LSR) and designating the requested Frame Due Time. Requests for Frame Due Times within normal business hours will be proactively managed by Qwest to ensure that the Frame Due Time is met. 10.Out of Hours Cut 10.1 Out-of-hours cuts permit CLEC to select either a coordinated or non-coordinated cut for INP service outside of Qwest's normal business hours. For planning purposes, CLEC shall provide Qwest with a forecast of out-of-hours coordinated cuts at least two weeks prior to CLEC placing an order in a particular state. Forecasts should include the anticipated Frame Due Times and volumes to be ported out of hours. 10.CLEC shall request out of hours cuts by submitting a Local Service Request (LSR) and designating the desired FDT outside of the normal business hours. In the Remarks section of the LSR , CLEC must specify an Out of Hours cut and the type of cut (coordinated or non-coordinated). 10.The date and time for the coordinated cut may need to be negotiated between Qwest and CLEC because of system downtime , Switch upgrades , Switch maintenance , and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention). Because of this up-front coordination and FDT negotiation efforts , Firm Order Confirmation (FOC) of the FDT will require additional time. In the event that this situation would occur Qwest will negotiate with CLEC to provide the FOC within a reasonable time frame. 10.7.4 Non-Coordinated Out of Hours Cut 10.7.4.CLEC shall request out of hours non-coordinated cuts by submitting a LSR and designating a 1 :00 a.m. FDT (Due Date) which is outside of the normal business hours. Non-coordinated cuts allow CLEC to request a Qwest FDT of 1 :00 a.m. where the actual cut occurs between the hours of 1 :00 a.m. and 7:00 a., with the cut completed by 7:30 a.m. of that Day (if the requested date is a business day, or by 7:30 a.m. of the next business day). 10.7.4.Conversion desk activities and escalation processes for non-coordinated out of hour cuts are accomplished during the business day prior to the cut. 10.7.4.CLEC will not incur additional charges for non- coordinated out of hours cuts. 10.Coordinated Out of Hours Cut 10.CLECs shall request a coordinated out of hours cut July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 220 Section 10 Ancillary Services by submitting a LSR and designating the requested FDT. 10.Out of hours coordinated cuts will be managed by a Owest project manager. Coordination of this effort requires an up-front internal planning session. Any changes to the original FDT will be negotiated with CLEC and will occur prior to issuing an FOC. 10. out of hours cuts. CLEC will incur additional charges for coordinated 10.End User Customer Impacts 10.The IN P Requestor is responsible for all dealings with and on behalf of its End User Customers, including all End User Customer account activity (e., End User Customer inquiries and complaints). 10.Each Party is responsible for obtaining a Proof of Authorization from its End User Customers who request a transfer of the End User Customer telephone number from the other Party. 10.The INP Provider will work cooperatively with the INP Requestor to ensure a smooth End User Customer transition and to provide for coordination with other facilities (e., Loops). 10.8.4 If an End User Customer requests transfer of service from the INP Requestor back to the INP Provider, the INP Provider may rely on that End User Customer request to institute cancellation of the INP service. The INP Provider will provide at least 48 hours notice to the INP Requestor of the cancellation of INP service , and will work cooperatively with the INP Requestor to ensure a smooth End User Customer transition and to provide for coordination with other facilities (e., Loops). 10.The INP Requestor will submit to the INP Provider a disconnect order for each ported telephone number that is relinquished by the INP Requestor s End User Customers. Owest will provide an electronic interface for the purpose of ordering INP service. This interface may be accomplished by either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange). 10.1.4 Maintenance and Repair 10.1.4.CLEC is responsible for its own End User Customers and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. End User Customers of CLEC will be instructed to report all cases of trouble to their Service Provider. 10.1.4.CLEC and Owest will provide to their respective End User Customers the correct telephone numbers to call for access to their respective repair bureaus. CLEC and Owest will provide their repair contact telephone numbers to one another on a reciprocal basis. 10.1.4.Owest will work cooperatively with CLEC to resolve trouble reports when July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Owest Fourteen State Negotiations Template, Version 3., April 30 , 2007 221 Section 10 Ancillary Services the trouble condition has been isolated and found to be within a portion of the Qwest network. Qwest will perform standard tests to isolate and repair the trouble. For INP trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by CLEC. 10.1.4.4 The trouble ticket will be closed by the functional group that corrected the trouble. This group will also contact CLEC to inform them that the ticket has been closed. Current trouble codes and analysis codes will be entered to the trouble ticket. 10.5 Rate Elements 10.INP Rate Elements In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities , to account for actual quantities during the year. The Parties will comply with the FCC rules and Commission decisions on cost recovery for Interim Number Portability. Exhibit A of this Agreement contains Interim Number Portability rates. 10.In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. 10.Charges for Coordinated Out of Hours Cuts. Charges for coordinated out of hours cuts shall be based upon actual hours worked at Qwest's overtime rate, time and one-half rates for timeframes outside of Qwest' normal hours except for Sundays and Holidays. Charges for coordinated out of hours cuts on Sundays and Holidays shall be based upon Qwest's overtime premium rate, which is double time. Overtime rates will be multiplied by the number of Qwest personnel actively participating in the cut, multiplied by the number of hours required for the cut. Exhibit A of this Agreement contains overtime rates for coordinated out of hours cuts. 10.Qwest will schedule the appropriate number of employees prior to the cut, based upon information provided by CLEC. such information requires modification during the cut and , as a result non-scheduled employees are required , CLEC shall be charged a four hour minimum callout. 10.Switched Access Revenues. Qwest will comply with the FCC and Commission rules regarding the sharing of terminating Switched Access revenues. Once the End Office Switch is converted to long term number portability (LNP), CLEC has the ability to directly bill the Interexchange Carrier, and no sharing of terminating Switched Access revenues is required. 10.The Switched Access rate elements are identified in Qwest's Switched Access Tariff. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30 , 2007 222 Section 10 Ancillary Services 10.Qwest will use ARMIS data to determine the average Minutes of Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis. 10.5.2.The number of lines to be used in determining the amount of terminating Switched Access will be extracted from the Qwest corporate data warehouse once each month. This database contains billed information for posted orders. 10.2.4 The calculation of the terminating Switched Access charges along with the appropriate data for the preceding month will be provided to CLEC to support the payment. Qwest will pay the pass through amounts to CLEC within one month. Disputes will be processed as though this credited amount were a billed amount under this Agreement. 10.Local Number Portability 10.Description 10.Local Number Portability (LNP) is defined by the FCC as the ability of users of Telecommunications Services to retain , at the same location , existing Telecommunications numbers without impairment of quality, reliability, or convenience when switching from one Telecommunications Carrier to another. Qwest will allow CLEC to port telephone numbers for its End User Customers in the same manner as Qwest ports telephone numbers for Qwest End User Customers. CLEC may port telephone numbers into and out of Qwest End Office Switches on behalf of an End User Customer using the FCC rules and industry guidelines as described in the following Sections. 10.Qwest uses the Location Routing Number (LRN) architecture. Under the LRN architecture, each End Office Switch is assigned a unique ten-digit LRN, the first six digits of which identify the location of that End Office Switch. The LRN technology is a triggering and addressing method which allows the re-homing of individual telephone numbers to other End Office Switches and ensures the proper routing of calls to ported telephone numbers through the use of a database and the signaling network. The LRN solution interrupts call processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly referred to as the LRN trigger. During this interruption, a query is launched to the LNP database in the signaling network and the call is re-addressed using the LRN information for the ported telephone number. The LRN will route the call to the proper End Office Switch destination. The actual routing of the call with either the dialed telephone number, for calls to non-ported telephone numbers , or the LRN , for calls to ported telephone numbers , observes the rules, protocols and requirements of the existing Public Office Dialing Plan (POOP). 10.Terms and Conditions 10.Qwest will provide Local Number Portability (LN P), also known as long- term number portability, in a non-discriminatory manner in compliance with the FCC' rules and regulations and the guidelines of the FCC's North American Numbering Council's (NANC) Local Number Portability Administration (LNPA) Working Group and the Industry Numbering Committee (INC) of the Alliance for Telecommunications Industry Solutions (A TIS). Unless specifically excluded in Section 10., all telephone July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 223 Section 10 Ancillary Services numbers assigned to an End User Customer are available to be ported through LNP. Mass calling events shall be handled in accordance with the industry s non-LRN recommendation (NANC's High Volume Call-In Networks dated February 18, 1998). 10.Each Party shall use reasonable efforts to facilitate the expeditious deployment of LNP. The Parties shall comply with the processes and implementation schedules for LNP deployment prescribed by the FCC. In accordance with industry guidelines, the publications of LNP capable End Office Switches and the schedule and status for future deployment will be identified in the Local Exchange Routing Guide (LERG). 10.In connection with the provision of LNP, the Parties agree to support and comply with all relevant requirements or guidelines that are adopted by the FCC , or that are agreed to by the Telecommunications industry as a national industry standard. 10.2.4 Owest will coordinate LNP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption , pursuant to Unbundled Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with Owest for the transfer of the Owest Unbundled Loop coincident with the transfer of the End User Customer s service to Owest in a reasonable amount of time and with minimum service disruption. For coordination with Loops not associated with Owest's Unbundled Loop offering, CLEC may order the LNP managed cut, as described in Section 10.5.4. 10.2.4.Parties understand that LNP order activity must be coordinated with facilities cutovers in order to ensure that the End User Customer is provided with uninterrupted service. If the Party porting the telephone number experiences problems with its port or provision of its Loop, and needs to delay or cancel the port and any Loop disconnection, that Party shall notify the other Party immediately. Parties will work cooperatively and take prompt action to delay or cancel the port and any Loop disconnection in accordance with industry (LNPA' National Number Porting Operations Team), accepted procedures to minimize End User Customer service disruptions. 10.2.4.Parties shall transmit a port create subscription or port concurrence message to the NPAC , in accordance with the FCC's LNPA Working Group s guidelines. Owest will routinely send a concurrence message within the time frames established by the industry. 10.The Parties agree to implement LNP within the guidelines set forth by the generic technical requirements for LNP as specified in Section 21 of this Agreement. 10.Neither Party shall be required to provide Local Number Portability for telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number services). 10.After an End Office Switch becomes equipped with LNP , all NXXs assigned to that End Office Switch will be defined as portable, to the extent Technically Feasible, and translations will be changed in each Party s Switches so that the portable NXXs are available for LNP database queries. When an NXX is defined as portable , it will also be defined as portable in all LNP-capable End Office Switches that have direct trunks to the End Office Switch associated with the portable NXX. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 224 Section 10 Ancillary Services 10.Each Party shall offer Local Number Portability to End User Customers for any portion of an existing DID block without being required to port the entire block of DID telephone numbers. Each Party shall permit End User Customers who port a portion of DID telephone numbers to retain DID service on the remaining portion of the DID telephone numbers. 10.At the time of porting a telephone number via LN P from Owest, Owest shall ensure that the LlDB entry for that telephone number is de-provisioned if the Owest LlDB is not being used by CLEC. 10.10 Both Parties agree to follow the LNP End Office Switch request process established by the Parties and in compliance with industry guidelines. 10.11 NXX Migration , or Local Exchange Routing Guide Reassignment reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code is used solely for one End User Customer. Where one Party has activated an entire NXX for a single End User Customer, or activated a substantial portion of an NXX for a single End User Customer with the remaining telephone numbers in the NXX either reserved for future use or otherwise unused, if such End User Customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition, both Parties agree to cooperate arranging necessary updates and industry notification in the LERG (and associated industry databases , routing tables , etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead- times (as identified in the LERG and the Central Office Code Administration guidelines) for movement of NXXs from one End Office Switch to another. Other applications of NXX migration will be discussed by the Parties as circumstances arise. 10.12 In connection with all LNP requests, the Parties agree to comply with the National Emergency Number Association (NENA) recommended standards for service provider Local Number Portability (NENA-02-011), as may be updated from time to time regarding unlocking and updating End User Customers' telephone number records in the 911/Automatic Location Information (All) database. The Current Service Provider shall send the 911 unlock record on the completion date of the order to the 911 database administrator. 10.13 Porting of Reserved Numbers. The End User Customers of each Party may port Reserved Numbers from one Party to the other Party via LNP. Owest will port telephone numbers previously reserved by the End User Customer via the appropriate retail Tariffs until these reservations expire. Owest will reserve telephone numbers in accordance with the FCC's rules. 10.14 Limits on Subscriber Relocation. Owest and CLEC agree that an End User Customer may geographically relocate at the same time as it ports its telephone number, using LNP, to the New Service Provider; provided, however, that the Current Service Provider may require that the End User Customer s relocation at the time of the port to the New Service Provider be limited to the geographic area represented by the NXX of the ported telephone number. The Current Service Provider may not impose a relocation limitation on the New Service Provider or the New Service Provider subscribers that is more restrictive than that which the Current Service Provider would July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 225 Section 10 Ancillary Services impose upon its own subscribers with telephone numbers having the same NXX as the telephone number(s) being ported. In addition , the Current Service Provider may not impose any restrictions on relocation within the same Rate Center by a ported End User Customer while that End User Customer is served by the New Service Provider. 10.Service Management System 10.Each Party shall sign the appropriate NPAC user agreement(s) and obtain certification from the appropriate NPAC administrator(s) that the Party or the Party s Service Order Administration (SOA) and Local Service Management System (LSMS) vendor(s) has systems and equipment that are compatible with the NPAC' established protocols and that the application of such systems and equipment is compatible with the NPAC. 10.Each Party shall cooperate to facilitate the administration of the SMS through the process prescribed in the documents referenced in Section 21. 10.4 Database and Query Services 10.2.4.The LNP database provides the call routing information used by Qwest's End Office Switches and Tandem Switches to route CLEC's End User Customer s calls to a ported telephone number or to terminate calls to CLEC's End User Customers using a ported telephone number. Qwest shall perform default LNP queries where CLEC is unable to perform its own query. CLEC shall perform default LNP queries where Qwest is unable to perform its own query. Qwest query services and charges are defined in FCC Tariff #5, including End Office and Tandem Switch Default Query Charges which are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges which are contained in Tariff Section 20 (CCSAC Service Applications). 10.2.4.For local calls to a NXX in which at least one (1) telephone number has been ported via LNP at the request of CLEC , the Party that owns the originating Switch shall query an LNP database as soon as the call reaches the first LNP-capable Switch in the call path. The Party that owns the originating Switch shall query on a local call to a NXX in which at least one (1) telephone number has been ported via LNP prior to any attempts to route the call to any other Switch. Prior to the first telephone number in a NXX being ported via LNP at the request of CLEC , Qwest may query all calls directed to the NXX , subject to the Billing provisions as discussed in Section 10.2.4.1 and provided that Qwest queries shall not adversely affect the quality of service to CLEC's End User Customers as compared to the service Qwest provides its own End User Customers. 10.2.4.A Party shall be charged for a LNP query by the other Party only if the Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but failed to do so. Parties are not obligated to perform the LNP query prior to the first port requested in a NXX. 10.2.4.4 On calls originating from a Party s network, the Party will populate, if Technically Feasible , the Jurisdiction Information Parameter (JIP) with the first six digits of the originating LRN in the SS7 Initial Address Message. 10.2.4.Each Party shall cooperate in the process of porting telephone numbers from one Carrier to another so as to limit service outage for the ported End User July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 226 Section 10 Ancillary Services Customer. Qwest shall update its LNP database from the NPAC SMS data within fifteen (15) minutes of receipt of a download from the NPAC SMS. 10.Ordering 10.Both Parties shall comply with ordering standards as developed by the industry and as described in Section 12 of this Agreement. LNP service is ordered via a Local Service Request and associated LNP forms. CLEC may order LNP either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.Standard Due Date Intervals. Service intervals for LNP are described below. These intervals include the time for Firm Order Confirmation (FOC). Orders received after 7:00 p.m. (Mountain time) are considered the next business day. The following service intervals have been established for LNP: Telephone Numbers To Port Interval* Simple (1 FR/1 FB)3 business days (includes FOC 24 hr interval) 4 business days (includes FOC 24 hr interval) 51 or more Project Basis Complex (PBX Trunks, ISDN Centrex) 5 business days (includes FOC 24 hr interval) 26 or more Project Basis Intervals for LNP with Unbundled Loops shall be governed by Section 9.2 of the Agreement. 10.Most LNP order activity is flow-through , meaning that the ten (10) digit unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set automatically, although there may be some instances when Qwest or the Number Portability Administration Center/Service Management System (NPAC/SMS) will provide prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut is outside Qwest's normal business hours for LNP , Qwest will have personnel available in the repair center to assist in the event that CLEC experiences problems during the cut. In addition , Qwest allows CLEC to request a managed cut on a 24 X 7 basis in those situations where a cut would otherwise have been flow-through , but where CLEC has a business need to have Qwest personnel dedicated to the cut. The terms and conditions for managed cuts are described in 10.5.4. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 227 Section 10 Ancillary Services 10.Qwest will set the ten (10) digit unconditional trigger for telephone numbers to be ported , unless technically infeasible, by 11 :59 p. (local time) on the business day preceding the scheduled port date. (A 10-digit unconditional trigger cannot be set for DID services in AXE10 and DMS10 End Office Switches thus managed cuts are required , at no charge.) The ten (10) digit unconditional trigger and End Office Switch translations associated with the End User Customer s telephone number will not be removed , nor will Qwest disconnect the End User Customer s Billing and account information , until 11 :59 m. (local time) of the next business day after the Due Date. CLEC is required to make timely notifications of Due Date changes or cancellations by 8:00 p. (mountain time) on the Due Date through a supplemental LSR order. In the event CLEC does not make a timely notification CLEC may submit a late notification to Qwest as soon as possible but in no event later than 12:00 p. (mountain time) the next business day after the Due Date to Qwest' Interconnect Service Center in the manner set forth below. For a late notification properly submitted , Qwest agrees to use its best efforts to ensure that the End User Customer s service is not disconnected prior to 11 :59 p.m. of the next business day following the new Due Date or, in the case of a cancellation , no disruption of the End User Customer s existing service. Late notifications must be made by calling Qwest's Interconnect Service Center followed by CLEC submitting a confirming supplemental LSR order. 10.5.4 LNP Managed Cut With GLEe-Provided Loop: A managed cut permits CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7 basis. 10.5.4.The date and time for the managed cut requires up-front planning and may need to be coordinated between Qwest and CLEC. All requests will be processed on a first come , first served basis and are subject to Qwest's ability to meet a reasonable demand. Considerations such as system downtime, Switch upgrades , Switch maintenance , and the possibility of other CLECs requesting the same FDT in the same End Office Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT must be agreed upon , the interval to reach agreement will not exceed two (2) days. In addition , standard intervals will apply. 10.5.4.CLEC shall request a managed cut by submitting a Local Service Request (LSR) and designating this order as a managed cut in the remarks section of the LSR form. 10.5.4.CLEC will incur additional charges for the managed cut dependent upon the FDT. The rates are based upon whether the request is within Qwest's normal business hours or out of hours. Qwest's normal business hours are 7:00 a.m. to 7:00 p., End User Customer local time, Monday through Friday. The rate for managed cuts during normal business hours is the standard rate. The rate for managed cuts out of hours , except for Sundays and Holidays is the overtime rate. Sundays and Holidays are at premium rate. 10.5.4.4 Charges for managed cuts shall be based upon actual hours July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 228 Section 10 Ancillary Services worked in one-half (Yz) hour increments. Exhibit A of this Agreement contains the rates for managed cuts. CLEC understands and agrees that in the event CLEC does not make payment for managed cuts , unless disputed as permitted under Section 5.4 of this Agreement, Owest shall not accept any new LSR requests for managed cuts. 10.5.4.Owest will schedule the appropriate number of employees prior to the cut, normally not to exceed three (3) employees , based upon information provided by CLEC. CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the cut, and , as a result, non-scheduled employees are required , CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the cut is either cancelled , or supplemented to change the Due Date , within twenty-four (24) hours of the negotiated FDT, CLEC will be charged a one person three (3) hour minimum charge. If the cut is cancelled due to a Owest error or a new Due Date is requested by Owest within twenty-four (24) hours of the negotiated FDT, Owest may be charged by CLEC one person three (3) hour minimum charge as set forth in Exhibit A. 10.5.4.In the event that the LNP managed cut conversion is not successful, CLEC and Owest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the End User Customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the End User Customer CLEC may request the restoral of Owest service for the ported End User Customer. Such restoration shall begin immediately upon request. If CLEC is in error then a supplemental order shall be provided to Owest. If Owest is in error no supplemental order or additional order will be required of CLEC. 10.5.4.Owest shall ensure that any LNP order activity requested conjunction with a managed cut shall be implemented in a manner that avoids interrupting service to the End User Customer, including, without limitation ensuring that the End User Customer s Owest Loop will not be disconnected prior to confirmation that CLEC's Loop has been successfully installed. 10.6 Maintenance and Repair 10.Each Party is responsible for its own End User Customers and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. End User Customers will be instructed to report all cases of trouble to their Current Service Provider. 10.Each Party will provide its respective End User Customers the correct telephone numbers to call for access to its respective repair bureau. Each Party will provide its repair contact telephone numbers to one another on a reciprocal basis. 10.Owest will work cooperatively with CLEC to isolate and resolve trouble reports. When the trouble condition has been isolated and found to be within a portion of the Owest network, Owest will perform standard tests and isolate and repair the trouble within twenty-four (24) hours of receipt of the report. 10.6.4 Owest will proactively test new Switch features and service offerings to July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 229 Section 10 Ancillary Services ensure there are no problems with either the porting of telephone numbers or calls from Owest End User Customers to CLEC End User Customers with ported telephone numbers or vice versa. 10.7 Rate Elements 10.Owest will comply with FCC and Commission rules on cost recovery for Local Number Portability. , 10.911/E911 Service 10.1 Description 10.911 and E911 provides an End User Customer access to the applicable emergency service bureau , where available, by dialing a 3-digit universal telephone number (911). 10.Automatic Location Identification/Data Management System (All/OMS). The All/OMS database contains End User Customer information (including name address, telephone number, and sometimes special information from the Current Service Provider or End User Customer) used to determine to which Public Safety Answering Point (PSAP) to route the call. The All/OMS database is used to provide more routing flexibility for E911 calls than Basic 911. 10.Basic 911 directly connects to the PSAP all 911 calls from one or more local exchange End Office Switches that serve a geographic area. E911 provides additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data contained in the All/OMS, to determine to which Public Safety Answering Point (PSAP) to route the call. 10.2 Terms and Conditions 10.Owest will provide nondiscriminatory access to the same Basic 911 or Enhanced 911 features, functions and services that Owest provides to its End User Customers. E911 functions provided to CLEC shall be at the same level of accuracy and reliability as for such support and services that Owest provides to its End User Customers for such similar functionality. 10.In counties where Owest has obligations under existing agreements as the primary provider of the 911 system to the county, CLEC will participate in the provision of the 911 System as described in Section 10. 10. services. Owest shall conform to all state regulations concerning emergency 10.2.4 Owest shall route E911 calls to the appropriate PSAP. 10.Each Party will be responsible for those portions of the 911 system for which it has total control, including any necessary maintenance to each Party s portion of the 911 system. July 12, 2007/lhd/Utility TelephonefiD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 230 Section 10 Ancillary Services 10.Qwest will provide CLEC with the identification of the Qwest 911 controlling office that serves each geographic area served by CLEC. 10.Qwest will provide CLEC with the ten-digit telephone numbers of each PSAP agency, for which Qwest provides the 911 function , to be used by CLEC to acquire emergency telephone numbers for operators to handle emergency calls in those instances where CLEC's End User Customer dials "0" instead of "911"It shall be the responsibility of CLEC to verify or confirm the appropriate use of the contact information provided by Qwest with each PSAP prior to offering 911 calls or publication of such data. 10.If a third party is the primary service provider to a county, CLEC will negotiate separately with such third party with regard to the provision of 911 service to the county. All relations between such third party and CLEC are separate from this Agreement and Qwest makes no representations on behalf of the third party. 10.If CLEC is the primary service provider to the county, CLEC and Qwest will negotiate the specific provisions necessary for providing 911 service to the county and will include such provisions in an amendment to this Agreement. 10.10 CLEC will separately negotiate with each county regarding the collection and reimbursement to the county of applicable End User Customer taxes for 911 service. 10.11 CLEC is responsible for network management of its network components in compliance with the Network Reliability Council Recommendations and meeting the network standard of Qwest for the 911 call delivery. 10.12 The Parties shall provide a single point of contact to coordinate all activities under this Agreement. 10.13 Neither Party will reimburse the other for any expenses incurred in the provision of E911 services. All costs incurred by the Parties for 911 /E911 services shall be billed to the appropriate PSAP. 10.14 Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. CLEC shall have non- discriminatory unbundled access to the E911 database , including the listings of other LECs for purposes of providing 911 services related to the public health , safety and welfare. 10.E911 Database Updates 10.CLEC exchanges to be included in Qwest's E911 Database will be indicated via written notice to the appropriate 911 authority (state agency or PSAP administrator or county) and will not require an amendment to this Agreement. 10.Qwest's designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. Qwest, or its designated database provider, will provide to CLEC an initial copy of the most recent Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis , at no charge. MSAGs provided outside the quarterly schedule will be provided and charged on an July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 231 Section 10 Ancillary Services Individual Case Basis. The data will be provided in computer readable format. Qwest shall provide CLEC access to the Master Street Address Guide at a level of accuracy and reliability that is equivalent to the access Qwest provides to itself. 10.3.4 E911 Database Updates for Facilities-Based CLECs 10.3.4.Qwest will ensure that the 911 database entries for CLEC will be maintained with the same accuracy and reliability that Qwest maintains for Qwest's own End User Customers. 10.3.4.For Selective Routing table updates , facilities-based CLECs will negotiate directly with Qwest's database provider for the input and validation of End User Customer data into the Qwest Automatic Location Identification (All) database. CLEC will negotiate directly with the PSAP (or PSAP agency s) DMS/ALI provider for input of End User Customer data into the All database. In most cases the Selective Routing table updates and the All database will be managed by the same provider. CLEC assumes all responsibility for the accuracy of the data that CLEC provides for MSAG preparation and E911 Database operation. 10.3.4.If it is facilities-based , CLEC will provide End User Customer data to Qwest's agent for the Qwest All database utilizing NENA-02-010 Recommended Formats and Protocols For All Data Exchange standards. Qwest will furnish CLEC any variations to NENA recommendations required for All database input. 10.3.4.4 If it is facilities-based, CLEC will provide End User Customer data to Qwest's database provider for Qwest's All database that is MSAG valid and meets all components of the NENA-02-011 Recommended Data Standards for Local Exchange Carriers , All Service Providers and 9-1 Jurisdictions standard format, as specified by Qwest. 10.3.4.If it is facilities-based , CLEC will update its End User Customer records provided to Qwest's database provider for Qwest's All database to agree with the 911 MSAG standards for its service areas. 10.3.4.6 Qwest's E911 database administrator, an independent third party, shall resolve failed Local Number Portability migrate records in accordance with the NENA standard, NENA-02-011 Sections 22B., for Qwest records where Qwest is the donor company as defined in the NENA standard. The Qwest E911 database administrator will compare CLEC's (i.e., recipient company as defined in the NENA standard) failed migrate records to the Regional Number Portability Administration Center s (NPAC) database once each business day to determine if the migrate record (i.e., ported telephone number) has been activated by the recipient company. If the migrate record has been activated by CLEC in the NPAC , the record shall be unlocked and the migrate record processed. If, at the end of ten (10) business days , the NPAC database does not show the migrate record as activated or the record owner identification does not match the migrate record will be rejected. The E911 database administrator will send reports regarding CLEC's failed migrate records (i.e., 755 error code) and rejected migrate records (i.e., 760 error code) to CLEC or CLEC's designated database administrator. Qwest's E911 database administrator will also resolve failed migrate records for CLEC , if valid based on the NPAC database. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 232 Section 10 Ancillary Services 10.E911 Database Updates for Resale Based CLECs 10.For resold services, Owest , or its designated database provider, will provide updates to the All database in a manner that is at the same level of accuracy and reliability as such updates are provided for Owest's End User Customers. For resold accounts, CLEC shall provide Owest with accurate End User Customer location information to be updated to the All/OMS database. Owest shall use its current process to update and maintain End User Customer information in the All/OMS database. 10.E911 Database Accuracy 10.E911 Database accuracy shall be measured jointly by the PSAPs and Owest's database provider in a format supplied by Owest. The reports shall be forwarded to CLEC by Owest's database provider when relevant and will indicate incidents when incorrect or no All data is displayed. The reports provided to CLEC shall contain GLEe-specific information regarding CLEC's accounts. 10.Each discrepancy report will be jointly researched by Owest and CLEC. Corrective action will be taken immediately by the responsible Party. 10.Each Party providing updates to the E911 database will be responsible for the accuracy of its End User Customer records. Each Party providing updates specifically agrees to indemnify and hold harmless the other Party from any claims damages, or suits related to the accuracy of End User Customer data provided for inclusion in the E911 Database. 10.6.4 Owest and its vendor will provide non-discriminatory error correction for records submitted to the Automatic Location Identification (All) database. For resold accounts, if vendor detects errors , it will attempt to correct them. If vendor is unable to correct the error, vendor will contact Owest for error resolution. For errors referred to Owest, Owest will provide the corrections in a non-discriminatory manner. If Owest is unable to resolve the error, Owest will contact the Resale-CLEC for resolution. In the case of facilities-based CLECs , the vendor will interface directly with CLEC to resolve record errors. 10.7 E911 Interconnection 10.If required by CLEC , Owest shall interconnect direct trunks from CLEC' network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be provided by CLEC. If provided by Owest, such trunks will be provided on a non- discriminatory basis. Owest shall provide special protection identification for CLEC 911 circuits in the same manner as Owest provides for its 911 circuits. 10.3.7 .The Parties shall establish a minimum of two (2) dedicated trunks from CLEC's Central Office to each Owest 911/E911 Selective Router (i.e., 911 Tandem Office) that serves the areas in which CLEC provides Exchange Service, for the provision of 911/E911 services and for access to all subtending PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for 911/E911 circuits, if facilities are available. When Owest facilities are available Owest will comply with diversity of facilities and systems as ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP in the event of July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-O70712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 233 Section 10 Ancillary Services failures, Owest shall make that alternate routing available to CLEC. 10.911 Interconnection Trunk Groups must be, at a minimum , DSO level trunks configured as a 2-wire analog interface or as part of a digital (1.544 Mbps) interface. Either configuration must use Centralized Automatic Message Accounting (CAMA) type signaling with MF tones that will deliver Automatic Number Identification (ANI) with the voice portion of the call, or Signaling System 7 (SS7) if available (Le., other signaling technology as available). All 911 Interconnection trunk groups must be capable of transmitting and receiving Baudot code necessary to support the use of Telecommunications Devices for the Deaf (TTY/TDDs). 10.Owest shall begin restoration of 911/E911 trunking facilities immediately upon notification of failure or outage. Owest must provide priority restoration of trunks or network outages on the same terms and conditions it provides itself. CLEC will be responsible for the isolation, coordination , and restoration of all 911 network maintenance problems to CLEC's demarcation. Owest will be responsible for the coordination and restoration of all 911 network maintenance problems beyond the demarcation. Owest repair service includes testing and diagnostic service from a remote location , dispatch of or in-person visit(s) of personnel. Where an on-site technician is determined to be required, a technician will be dispatched without delay. CLEC is responsible for advising Owest of the circuit identification when notifying Owest of a failure or outage. The Parties agree to work cooperatively and expeditiously to resolve any 911 outage. Owest will refer network trouble to CLEC if no defect is found in Owest's network. The Parties agree that 911 network problem resolution will be managed in an expeditious manner at all times. 10.For GLEe-identified 911 trunk blockages , Owest agrees to take corrective action using the same trunking service procedures used for Owest's own E911 trunk groups. 10.The Parties will cooperate in the routing of 911 traffic in those instances where the All/ANI information is not available on a particular 911 call. 10.3.7.4 For facilities-based CLEC using its own switch(es), Owest shall provide 911 Interconnection , including the provision of dedicated trunks from CLEC End Office Switch to the 911 control office, at Parity with what Owest provides itself. 10.For CLEC's resale local exchange lines , Owest shall provide access to the same 911 trunks used for Owest's retail End User Customers which extend from the Owest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC access to such 911 trunks shall be on a shared , non-discriminatory basis. 10.E911 and Number Portability 10.When a Owest telephone number is ported out, receiving CLEC shall be responsible to update the All/OMS database. When CLEC's telephone number is ported in , Owest shall be responsible to update the All/OMS database. 10.When Remote Call Forwarding (RCF) is used to provide number July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 234 Section 10 Ancillary Services portability to the End User Customer and a remark or other appropriate field information is available in the database, the shadow or "forwarded-" number and an indication that the number is ported shall be added to the End User Customer record by CLEC. 10.White Pages Directory Listings Service 10.4.Description White Pages Directory Listings Service consists of Qwest placing the names , addresses and telephone numbers of CLEC's End User Customers in Qwest's Listings database , based on End User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End User Customer Listings as noted below. 10.Terms and Conditions 10.4.White Pages Directory Listings Service is provided to reseller CLEC with CLEC's resold local exchange lines, and such Listings include terms and conditions (except prices) for Listings in Qwest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. White Pages Directory Listings Service is available to facilities-based CLEC as described in this Section. 10.4.Reseller CLEC and facilities-based CLEC using Qwest's switching services to provide local Exchange Service will provide, and facilities-based CLEC using its own or a third party s Switch(es) may provide , to Qwest, in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy Listings. 10.4.Qwest will accept one (1) primary Listing for each main telephone number belonging to CLEC's resale and facilities-based End User Customers at no monthly recurring charge. 10.4.CLEC will be charged for its resale premium Listings (e. additional , foreign , cross-reference) and privacy Listings (Le., non listed and non published) at Qwest's General Exchange Listing Tariff rates , less the wholesale discount, if any, as described in Exhibit A. CLEC will be charged for its facilities-based premium Listings (e., additional , foreign , cross-reference) and privacy Listings (Le., nonlisted and non published) at market-based prices contained in Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General Exchange Tariffs. 10.4.Intentionally Left Blank. 10.4.Information on submitting and updating Listings is available in "Facility Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User Document" Qwest will furnish CLEC Listings format specifications. Directory publishing schedules and deadlines for Qwest's official directory publisher will be provided to CLEC. 10.4.2.4 If CLEC provides its End User Customer Listings to Qwest CLEC July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 235 Section 10 Ancillary Services grants Owest access to CLEC's End User Customer Listings information for use in its Directory Assistance Service as described in Section 10., and in its. Directory Assistance List Service as described in Section 10., and for other lawful purposes except that CLEC's Listings supplied to Owest by CLEC and marked as non published or non listed Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Owest will incorporate CLEC End User Customer Listings in the Directory Assistance Database. Owest will incorporate CLEC's End User Customer Listings information in all existing and future Directory Assistance applications developed by Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a divestiture , merger or other transaction, this access grant automatically terminates. 10.4.CLEC End User Customer Listings will be treated the same as Owest's End User Customer Listings. Prior written authorization from CLEC , which authorization may be withheld , shall be required for Owest to sell , make available , or release CLEC' End User Customer Listings to directory publishers , or other third parties other than Directory Assistance providers. No prior authorization from CLEC shall be required for Owest to sell, make available, or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. Listings shall not be provided or sold in such a manner as to segregate End User Customers by Carrier. Owest will not charge CLEC for updating and maintaining Owest's Listings databases. CLEC will not receive compensation from Owest for any sale of Listings by Owest as provided for under this Agreement. 10.4.To the extent that state Tariff(s) 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. 10.4.Owest is responsible for maintaining Listings including entering, changing, correcting, rearranging and removing Listings in accordance with CLEC orders. 10.4.Owest provides non-discriminatory appearance and integration of white pages directory Listings for all CLEC's and Owest's End User Customers. All requests for white pages directory listings, whether for CLEC or Owest End User Customers follow the same processes for entry into the Listings database. 10.4.Owest will take reasonable steps in accordance with industry practices to accommodate CLEC's nonpublished and nonlisted Listings provided that CLEC has supplied Owest the necessary privacy indicators on such Listings. 10.4.10 CLEC's white pages directory listings will be in the same font and size as Listings for Owest End User Customers, and will not be separately classified. 10.4.11 Owest processes for publication of white pages Directory Listings will make no distinction between CLEC's and Owest's subscribers. CLEC's Listings will be provided with the same accuracy and reliability as Owest's End User Customer Listings. Owest will ensure CLEC'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 Customer Listings. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 236 Section 10 Ancillary Services 10.4.12 For CLEC's End User Customers whose Listings CLEC 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 CLEC 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. 10.4.13 CLEC shall use commercially reasonable efforts to ensure that Listings provided to Owest are accurate and complete. All third party Listings information is provided AS IS , WITH ALL FAULTS. CLEC further represents that it shall review all Listings information provided to Owest, including End User Customer requested restrictions on use, such as nonpublished and non listed restrictions. 10.4.Intentionally Left Blank. 10.4.15 CLEC shall be solely responsible for knowing and adhering to state laws or rulings regarding Listings and for supplying Owest with the applicable Listing information. Owest understands that certain states, including, but not necessarily limited , Minnesota , South Dakota, and Washington , have enacted statutes that impose certain requirements upon the provision of wireless listings, and CLEC represents and warrants that listings CLEC submits to Owest reflect and are provided in full compliance with applicable laws and regulations , including but not limited to, laws and regulations applicable to wireless listings. 10.4.16 CLEC agrees to provide to Owest its End User Customer names addresses and telephone numbers in a standard mechanized or manual format , as specified by Owest. 10.4.17 CLEC will supply its ACNA/CIC or CLCC/OCN , as appropriate , with each order to provide Owest the means of identifying Listings ownership. 10.4.18 Prior to placing Listings orders on behalf of End User Customers , CLEC shall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 10.4.19 For Listings that CLEC submits to Owest, Owest will provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on Owest's Directory Assistance Service. Verification proofs containing non published and nonlisted Listings are also available upon request on the same monthly schedule. 10.4.20 Owest will provide CLEC a reasonable opportunity to verify the accuracy of its Listings to be included in the white pages directory and in Owest's Directory Assistance Service. 10.4.21 CLEC may review and if necessary edit its white page Listings prior to the close date for publication in the directory. 10.4.22 CLEC is responsible for all dealings with , and on behalf of, CLEC's End User Customers, including: July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 237 Section 10 Ancillary Services 10.4.22.All End User Customer account activity (e., End User Customer queries and complaints); 10.4.22.All account maintenance activity (e., additions , changes issuance of orders for Listings to Qwest); 10.4.22.Determining privacy requirements and accurately coding the privacy indicators for CLEC's End User Customer information (if End User Customer information provided by CLEC to Qwest does not contain a privacy indicator, no privacy restrictions will apply); and 10.4.22.4 Customers. Any additional services requested by CLEC's End User 10.4.23 Pursuant to 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 CLEC upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations with CLEC for CLEC's use of subscriber list information for purposes other than publishing directories, and Qwest and CLEC will enter into a written contract if agreement is reached for such use. 10.4.23.Qwest shall use commercially reasonable efforts to ensure that its retail End User Customer Listings provided to CLEC are accurate and complete. Any third party Listings are provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall review all its retail End User Customer Listings information provided to CLEC including End User Customer requested restrictions on use, such as non published and nonlisted restrictions. 10.4.24 Qwest represents and warrants that any arrangement for the publication of white pages Directory Listings with an Affiliate or contractor, requires such Affiliate or contractor to publish the Directory Listings of CLEC contained in Qwest's Listings database so that CLEC's Directory Listings are non-discriminatory in appearance and integration , and have the same accuracy and reliability that such Affiliate or contractor provides to Qwest's End User Customers. 10.4.25 Qwest further agrees that any arrangements for the publication of white pages Directory Listings with an Affiliate or contractor shall require such Affiliate or contractor to include in the customer guide pages of the white pages directory, a notice that End User Customers should contact their Current Service Provider to request any modifications to their existing Listing or to request a new Listing. 10.4.26 Qwest agrees that any arrangement with an Affiliate or contractor for the publication of white pages directory Listings shall require such Affiliate or contractor to provide CLEC space in the customer guide pages of the white pages directory for the purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 238 Section 10 Ancillary Services 10.4.27 If CLEC submits its End User Customer Listings to Owest through a service bureau or other type of third party (agent), CLEC and the agent shall execute a Letter of Authorization (LOA), in a form acceptable to Owest, that shall include, but not be limited to, the following terms: 10.4.27.That the agent is authorized by CLEC to submit Listings to Owest on its behalf and to work with Owest in resolving any issues surrounding its Listing submissions; and 10.4.27.That the agent will comply with all terms and conditions of this Agreement in submitting CLEC's End User Customers' Listings to Owest. 10.4.27.3 CLEC's use of an agent in submitting its End User Customers' Listings to Owest shall not alter CLEC's obligations under this Agreement and CLEC shall remain primarily liable for covenants and responsibilities under this Agreement. 10.4.Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. 10.4.Primary Listings; and 10.4.3.2 Premium and Privacy Listings. 10.4.4 Ordering Process 10.4.4.Owest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 10.4.4.CLEC Listings can be submitted for inclusion in Owest white pages directories according to the directions in the Owest Listings User Documents for Facility- Based and Reseller CLECs , which is available on-line through the PCA T (http://www.qwest.com/whoiesale/pcat/) or will be provided in hard copy to CLEC upon request. Initial information and directions are available in the PCAT. 10.4.4.CLEC can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI , IMA-GUI , or by facsimile. 10.Directory Assistance Service 10.1 Description 10.Directory Assistance Service is a voice service that Owest provides to its own End User Customers , reseller and/or facilities-based CLEC, and to other Telecommunications Carriers. Directory Assistance Service provided to CLEC includes non-discriminatory access to Owest's Directory Assistance centers, services , and Directory Assistance Databases. Directory Assistance Service provides voice callers published and nonlisted listing information , which is comprised of name and telephone number, and address if available , as contained in Owest's then-current Directory Assistance Database and in the national Directory Assistance Database that is accessed by Owest. Directory Assistance Service is available with GLEe-specific branding, July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-O70712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 239 Section 10 Ancillary Services generic branding and with Directory Assistance Call Completion service options, where available. If facilities-based CLEC chooses to access Owest's Directory Assistance Service, it is provided to CLEC under this Agreement pursuant to Section 251 (b )(3) of the Act. As such , the pricing requirements of Section 252(d)(1) of the Act are not applicable. 10.Directory Assistance Service. 10.Local Directory Assistance Service. Provides CLEC's End User Customers published and non-listed Listing information within the caller s LATA that are included in Owest's then-current Directory Assistance Database. 10.National Directory Assistance Service. Provides CLEC's End User Customers published and nonlisted listing information from the database of the national Directory Assistance Services vendor selected and accessed by Owest. 10.Call Branding Service. Provides CLEC Local and national Directory Assistance Service that is branded with the brand of CLEC (CLEC-specific branding), where Technically Feasible , or with a generic brand. GLEe-specific Call Branding announces CLEC's name to CLEC's End User Customer at the start and completion of the call. Generic branding does not announce any provider s name. CLEC- specific Call Branding and generic branding are optional services available to CLEC.a) Front End GLEe-specific Call Branding - Announces CLEC's name to GLEe's End User Customer at the start of the call. b) Back End GLEe-specific Call Branding - Announces CLEC's name to GLEe's End User Customer at the completion of the call. Intentionally Left Blank. Owest will record CLEC's specific brand message. 10.1.4 Call completion service allows CLEC's End User Customers' calls to be completed , where available. 10.Intentionally Left Blank. 10.Intentionally Left Blank. 10.Terms and Conditions 10.Directory Assistance Service accessed over CLEC'resold local exchange lines includes terms and conditions (except prices) for Directory Assistance Service in Owest'applicable product Tariffs, catalogs , price lists, or other retail July 12, 2007/1hd/Utility TelephoneliD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 240 Section 10 Ancillary Services Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. Directory Assistance Service is available to facilities-based CLEC as described in this Section unless otherwise noted. If facilities-based CLEC chooses to access Qwest's Directory Assistance Service , it is provided to CLEC under this Agreement pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is available to CLEC as a facilities-based provider at the market-based prices contained in Exhibit A. 10.Intentionally Left Blank. 10.Qwest's Directory Assistance Database contains only those published and non-listed telephone number Listings obtained by Qwest from its own End User Customers and other Telecommunications Carriers. 10.Qwest will provide access to Directory Assistance Service for facilities- based CLEC using its own or a third party s Switch(es) via dedicated multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwest or provide them itself. These operator service trunks will be connected directly to a Qwest Directory Assistance host or remote Switch. CLEC will be required to order or provide at least one (1) operator services trunk for each NPA served. 10.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance with operating methods , practices, and standards in effect for all Qwest End User Customers. Qwest will provide the same priority of handling for CLEC's End User Customer calls to Qwest's Directory Assistance Service as it provides for its own End User Customer calls. Calls to Qwest's Directory Assistance Service are handled on a first come, first served basis , without regard to whether calls are originated by CLEC or Qwest End User Customers. 10.GLEe-specific Call Branding for Directory Assistance requires recording CLEC's brand message and setting up the brand message. 10.Intentionally Left Blank. 10.Intentionally Left Blank. 10.Reseller CLEC's End User Customers will use the same dialing pattern to access Directory Assistance Service as used by Qwest's End User Customers (Le., 411 555-1212 , or NPA+555-1212). 10.9 Facilities-based CLEC using its own or a third party s Switch(es) may choose to have its End User Customers dial a unique number or use the same dialing pattern as Qwest End User Customers use to access Qwest Directory Assistance Service. 10.10 Qwest will timely enter into its directory assistance database updates of CLEC's Listings that CLEC provides to Qwest as described in Section 10.4. Qwest will incorporate CLEC End User Customer Listings in the Directory Assistance Database. July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 241 Section 10 Ancillary Services Owest will incorporate CLEC's End User Customer Listings information in all existing and future Directory Assistance applications developed by Owest. Owest will implement quality assurance procedures such as random testing for listing accuracy. Owest will identify itself to End User Customers calling its Directory Assistance Service provided for itself either by company name or operating company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.10.In accordance with Section 18, where CLEC supplies its Listings to Owest, CLEC may request a comprehensive audit of Owest's use of CLEC' Listings for Directory Assistance Service. In addition to the terms specified in Section 18, the following also apply: as used herein , " Audit" shall mean a comprehensive review of the other Party s delivery and use of the Listings for Directory Assistance Service provided hereunder and such other Party performance of its obligations under this Agreement. CLEC may perform up to two (2) audits per twelve (12) month period commencing with the Effective Date of this Agreement of Owest's use of CLEC'Listings in Owest'Directory Assistance Service. CLEC shall be entitled to "seed" or specially code some or all of the Listings for Directory Assistance Service that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 10.11 Owest shall use CLEC's Listings supplied to Owest by CLEC under the terms of this Agreement for purposes of providing Directory Assistance Service and for other lawful purposes, except that CLEC's Listings supplied to Owest by CLEC and marked as non published or nonlisted Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. 10.3 Rate Elements The following rate elements apply to Directory Assistance Service. Directory Assistance Service is provided to CLEC for resale with resold local exchange lines at the Owest retail price less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit 10.A per-call rate applies for Local Directory Assistance and for national Directory Assistance Services. 10.A nonrecurring set-up and recording fee will be charged for establishing each GLEe-specific Call Brand message. nonrecurring charge to load CLEC' specific brand message in each Owest Switch also applies. Such nonrecurring fees must be paid before branding commences. If CLEC establishes a branding option , and requests a subsequent change in branding, nonrecurring charges apply as contained in Exhibit A. 10.A per-call rate is applicable for call completion service. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 242 Section 10 Ancillary Services 10.5.4 Ordering Process CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers." This questionnaire may be obtained from CLEC's Qwest account manager. 10.5 Billing 10.Qwest will track and bill CLEC for the number of calls placed to Qwest' Directory Assistance Service by CLEC's End User Customers as well as for the number of requests for call completion service. 10.For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the operator services Switch. An End User Customer may request and receive no more than two (2) telephone numbers per Directory Assistance call. Qwest will not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.Call completion service will be charged at the per call rate when the End User Customer completes the required action (i.e. , " press the number one " " stay on the line " etc. 10.Directory Assistance List 10.1 Description 10.Directory Assistance List (DAL) information consists of name , address and telephone number information for all End User Customers of Qwest and other LECs that are contained in Qwest's Directory Assistance Database and , where available related elements required in the provision of Directory Assistance Service to CLEC's End User Customers. No prior authorization from CLEC shall be required for Qwest to sell make available, or release CLEC's End User Customer Directory Assistance Listings to Directory Assistance providers. In the case of End User Customers who have non- published Listings , Qwest shall provide the End User Customer s local Numbering Plan Area (NPA), address, and an indicator to identify the non-published status of the Listing; however, Qwest will not provide the non-published telephone number in DAL information. DAL information includes privacy and use restriction indicators as requested by Qwest's retail End User Customers and by Carriers. DAL is provided pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. DAL shall be provided to CLEC at market-based prices contained in Exhibit A. 10.Qwest will provide DAL information via initial loads and daily updates by means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the Parties. Qwest will provide all changes, additions or deletions to the DAL information overnight on a daily basis. The Parties will use a mutually agreed upon format for the data loads. 10.DAL information shall specify whether the Qwest End User Customer is a residential , business, or government subscriber, and the Listings of other Carriers will July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 243 Section 10 Ancillary Services specify such information where it has been provided on the Carrier s Listing order. 10.1.4 In the event CLEC requires a reload of DAL information from Qwest's database in order to validate, synchronize or reconcile its database , a reload will be made available according to the rate specified in Exhibit A. 10.Qwest and CLEC will cooperate in the designation of a location to which the data will be provided. 10.Terms and Conditions 10.If CLEC purchases use of Qwest's DAL information under this Agreement, Qwest grants to CLEC , as a competing provider of telephone Exchange Service and telephone toll service , access to DAL information for purposes of providing Directory Assistance Services and for other lawful purposes, including directory publishing in any format or medium , under the terms and conditions of this Agreement. CLEC is solely responsible for its lawful use of DAL information obtained under this Agreement pursuant to Section 251 (b )(3) of the Act, including use of such information only for purposes permitted , or not prohibited by, the Act, federal and state laws, rules and regulations, the FCC's orders, rules and regulations , and the Commission s orders rules, and regulations. As it pertains to the use of DAL information in this Agreement Directory Assistance Service" shall mean the provision , by CLEC , via a live operator or mechanized system , of telephone number and address information for an identified name or the name and/or address for an identified telephone number. Should CLEC cease to be a Telecommunications Carrier, a competing provider of telephone Exchange Service , or telephone toll service , this access grant automatically terminates. 10.Qwest shall make commercially reasonable efforts to ensure that Listings belonging to Qwest retail End User Customers provided to CLEC in Qwest's DAL information are accurate and complete. All third party DAL information is provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall review all of its End User Customer Listings information provided to CLEC , including End User Customer requested restrictions on use, such as non- published and non-listed restrictions. 10.If CLEC purchases use of Qwest's DAL information under this Agreement, Qwest shall notify CLEC of any directive from Carriers , whose listings may be included in Qwest's DAL information , which prohibits use of their DAL information for purposes of directory publishing. CLEC that purchases use of Qwest's DAL information shall not include such Carrier s Listings that may be included in the DAL information in any directory it publishes or causes to be published , in any format or medium. 10.Listings included in Qwest's DAL information and marked to indicate a restriction on use, or to indicate a restriction on inclusion of Listing information in Directory Assistance Service applications and/or in published directories, shall be used by CLEC only in a manner that is consistent with each such restriction and that does not violate a restriction, including the following. 10.Restriction indicators on DAL information include: July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 244 Section 10 Ancillary Services Privacy indicators indicators; including nonpublished and non listed No solicitation indicators; Omit from address directories indicators; and Omit from telemarketing, direct mail, and e-mail lists indicators. 10.Nonlisted Listings and nonpublished Listings shall not be included in any directory produced in any format or medium. 10.Nonpublished Listings information provided in DAL information shall not be used for any purpose except for providing Directory Assistance Services. When used in Directory Assistance Services applications, non published Listings shall not be used for any purpose other than in matching a search query. The nonpublished subscriber name and address, while supplied to CLEC in DAL information , shall not be provided to any person other than the operator responding to the End User Customer Directory Assistance Services query. 10.If CLEC purchases use of DAL information under this Agreement, CLEC will obtain and timely enter into its Directory Assistance Database daily updates of the DAL information , will implement quality assurance procedures such as random testing for Directory Assistance Listing accuracy, and will identify itself to End User Customers calling its Directory Assistance Service either by company name or operating company number so that End User Customers have a means to identify with whom they are dealing. 10.Intentionally Left Blank. 10.2.4 Owest shall retain all right, title, interest and ownership in and to the DA Listing information it provides hereunder. CLEC acknowledges and understands that while it may disclose the names , addresses , and telephone numbers (or an indication of non-published status) of Owest's End User Customers to a third party calling its Directory Assistance for such information, the fact that such End User Customer subscribes to Owest's Telecommunications Services is Confidential and Proprietary Information and shall not be disclosed to any third party. 10.Each Party shall take commercially reasonable and prudent measures to prevent unlawful use of Owest's DAL information at least equal to the measures it takes to protect its own Confidential and Proprietary Information , including but not limited to implementing adequate computer security measures to prevent unauthorized access to Owest's DAL information when contained in any database. 10.CLEC shall include in its sublicense agreement with directory publishers, at a minimum; 1) a restriction limiting use of DAL information to purposes of directory publishing; 2) a requirement that the directory publisher abide by all privacy indicators in any directories published in any format or medium; 3) Owest as third party beneficiary; and 4) the following language: July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 245 Section 10 Ancillary Services Publisher shall not sublicense , copy, or allow any third party, with the exception of End User Customers and corporate affiliates for purposes associated with the use of directories and for publishing directories, to access , down load, copy or use DAL information, or any portions thereofor any information extracted there from. Each Party shall take commercially reasonable and prudent measures to prevent disclosure and unauthorized use of the DAL information at least equal to the measures it takes to protect its own confidential and proprietary information, including but not limited to implementing adequate computer security measures to prevent unauthorized access to the DAL information when contained in any database. 10.Owest shall have the right to review CLEC'form sublicense agreement and CLEC shall not make changes to that form which will materially affect Owest's rights under this Agreement. 10.Unauthorized use of Owest's DAL information , or any disclosure to a third party of the fact that an End User Customer , whose Listing is furnishedin the DA List, subscribes to Owest's, another Local Exchange Carrier Reseller s or CMRS's Telecommunications Services shall be considered material breach of this Agreement and shall be resolved under the Dispute Resolution provisions of this Agreement. 10.Within five (5) Days after the expiration or earlier termination of this Agreement, CLEC shall (a) return and cease using any and all DAL information which it has in its possession or control , (b) extract and expunge any and all copies of such DAL information , any portions thereof, and any and all information extracted therefrom , from its files and records, whether in print or electronic form or in any other media whatsoever, and (c) provide a written certification to Owest from an officer that all of the foregoing actions have been completed. A copy of this certification may be provided to third party Carriers if the certification pertains to such Carriers' DAL information contained in Owest's database. 10.CLEC is responsible for ensuring that it has proper security measures in place to protect the privacy of the End User Customer information contained within the DAL information. CLEC must remove from its database any telephone number for an End User Customer whose Listing has become non-published when so notified by Owest. 10.Audits -- In accordance with Section 18, Owest may request a comprehensive audit of CLEC's use of the DAL information. In addition to the terms specified in Section 18, the following also apply: 10.As used herein , " Audit" shall mean a comprehensive review of the other Party s delivery and use of the DAL information provided hereunder and such other Party s performance of its obligations under this Agreement. Either Party (the Requesting Party) may perform up to two (2) Audits per twelve (12) month period commencing with the Effective Date of this Agreement. Owest shall be entitled to "seed" or specially code some or all of the DAL information that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 246 Section 10 Ancillary Services Section 10. 10.All paper and electronic records will be subject to Audit. 10.CLEC recognizes that certain Carriers who have provided DAL information that is included in Qwest's database may be third party beneficiaries of this Agreement for purposes of enforcing any terms and conditions of the Agreement other than payment terms with respect to their DAL information. 10.CLEC indemnifies Qwest for any and all loss, debt, liability, damage, obligation , claim, demand, judgment, or settlement of any nature or kind , known or unknown, liquidated or unliquidated including, but not limited to reasonable costs and expenses (including attorneys' fees) raised by these Carriers , whether formal or informal and will handle all communications with these Carriers regarding this matter. 10.10 Qwest will provide a non-discriminatory process and procedure for contacting End User Customers with non-published telephone numbers in emergency situations for non-published telephone numbers that are included in Qwest's Directory Assistance Database. Such process and procedure will be available to CLEC for CLEC's use when CLEC provides its own Directory Assistance Service and purchases Qwest's DAL product. 10.Rate Elements Recurring and nonrecurring rate elements for DAL information are described below and rates are contained in Exhibit A of this Agreement. 10.Initial Database Load -- A "snapshot" of data in the Qwest DAL information database or portion of the database at the time the order is received. 10.Reload -- A "snapshot" of the data in the Qwest DAL information database or portion of the database required in order to refresh the data in GLEe's database. 10.Daily Updates -- Daily change activity affecting DAL information in the Listings database. 10.3.4 One-Time Set-Up Fees -- Charges for special database loads. 10.Output Charges -- Media charges resulting from the electronic transmission of the DAL information. 10.6.4 Ordering 10.6.4.CLEC may order the initial DAL information load or update files for Qwest's local Exchange Service areas in its 14 state operating territory or, on a state- specific basis, or, where Technically Feasible CLEC may order the initial DAL information load or update files by Qwest White Page Directory Code or NPA. 10.6.4.Special requests for data at specific geographic levels (such as NPA) July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 247 Section 10 Ancillary Services must be negotiated in order to address data integrity issues. 10.6.4.CLEC shall use the DAL Order Form found in the PCAT. 10.7. Toll and Assistance Operator Services 10.Description 10.Toll and assistance operator services (operator services) are a family of offerings that assist CLEC's resale and facilities-based End User Customers in making and receiving EAS/local and IntraLATA toll calls. Operator services provided to CLEC include non-discriminatory access to Qwest operator service centers , services , and personnel. If facilities-based CLEC using Qwest's, its own, or a third party s Switch(es) chooses to access Qwest's operator services , they are provided to CLEC under this Agreement pursuant to Section 251(b)(3) of the Act. As such , the pricing requirements of Section 252(d)(1) of the Act are not applicable. Operator services shall be provided to CLEC as a facilities-based provider at the market-based rates contained in Exhibit A. 10.EAS/Local and IntraLATA Assistance. Assists CLEC End User Customers requesting help or information on making and receiving EAS/local and IntraLATA toll calls, connects CLEC End User Customers to Qwest' Directory Assistance Service, and provides other information and guidance including referral to the business office and repair, as may be consistent with Qwest's customary practice for providing End User Customer assistance. 10.Intentionally Left Blank. 10.Emergency Assistance. Provides assistance for handling CLEC's End User Customer s EAS/local and IntraLA T A toll calls to emergency agencies , including but not limited to, police , sheriff, highway patrol and fire. CLEC is responsible for providing Qwest with the appropriate emergency agency numbers and updates. 10.1.4 Busy Line Verification (BL V) is performed when CLEC's End User Customers request assistance from the operator bureau to determine if a called line is in use. The operator will not complete the call for the calling party initiating the BLV inquiry. Only one BLV attempt will be made per call , and a charge shall apply. 10.Busy Line Interrupt (BLI) is performed when CLEC's End User Customers request assistance from the operator to interrupt a telephone call in progress. The operator will interrupt the busy line and inform the called party that there is a call waiting. The operator will not connect the calling and called parties. The operator will make only one BLI attempt per call and the applicable charge applies whether or not the called party releases the line. 10.Quote Service - Provides time and charges to hotel/motel and other CLEC End User Customers for guesUaccount identification. 10.7 GLEe-Specific Call Branding Service. Provides CLEC's End User Customers the operator services listed in this Section branded with the July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 248 Section 10 Ancillary Services brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a generic brand. GLEe-specific Call Branding announces CLEC's name to CLEC' End User Customer at the start and completion of the call. Generic branding does not announce any provider s name. GLEe-specific and generic Call Branding are optional services available to CLEC. 10.Front End GLEe-specific Call Branding -- Announces CLEC's name to CLEC's End User Customer at the start of the call. 10.1.7.Back End GLEe-specific Call Branding -- Announces CLEC's name to CLEC's End User Customer at the completion of the call. 10.Terms and Conditions 10.Operator services accessed over CLEC's resold local exchange lines include terms and conditions (except prices) for operator services 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. Operator services are available to facilities-based CLEC as described in this Section 10., unless otherwise noted. 10.Owest does not authorize CLEC to offer Owest the incumbent Local Exchange Carrier (ILEC) as a Local Primary Interexchange Carrier (LPIC) to its existing or new End User Customers on Owest's behalf. If CLEC assigns Owest the ILEC, LPIC 5123 , to CLEC's existing or new End User Customers Owest will bill reseller CLEC for IntraLATA Toll services at the Owest retail rate less the wholesale discount contained in Exhibit A, if any, and will bill facilities- based CLEC at the rates contained or referenced in Exhibit A, and Owest will not directly bill CLEC's End User Customers for such IntraLATA Toll services. 10.If CLEC assigns Owest the ILEC, PIC 5123 , to CLEC's existing or new End User Customers, transport beyond Owest's local interoffice network for IntraLATA Toll services will be provided over Owest's IntraLATA Toll network. Routing tables resident in Owest's Switch(es) will direct CLEC's traffic over Owest's interoffice message trunk network. 10.3 If, during the term of this Agreement, Owest the ILEC offers IntraLATA Toll services directly to CLEC's End User Customers, Owest will establish its own billing relationship with such End User Customers, and Owest will not bill CLEC, and CLEC shall have no obligation to pay Owest, for such IntraLATA Toll services Owest provides to CLEC's End User Customers. 10.For facilities-based CLEC using its own or a third party s Switch(es), Interconnection to Owest's operator services Switch is Technically Feasible at two (2) distinct points on the Trunk Side of the Switch. The first connection point is an operator services trunk connected directly to the Owest operator services host Switch. The second connection point is an operator services trunk connected directly to a remote Owest operator services Switch. 10.2.2 Trunk Provisioning and facility ownership must follow Owest guidelines. July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 249 Section 10 Ancillary Services 10.In order for CLEC to use Owest's operator services as a facilities-based CLEC using its own or a third party s Switch(es), CLEC must provide an operator service trunk between CLEC's End Office Switch and the Interconnection point on the Owest operator services Switch for each NPA served. 10.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR- NWT-000271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.Each Party s operator bureau shall accept BLV and BLI inquiries from the operator bureau of the other Party in order to allow transparent provision of BLV/BLI traffic between the Parties' networks. 10.6 Facilities-based CLEC using its own or a third party s Switch(es) will provide separate no-test trunks (not the 10cal/lntraLATA trunks) to the Owest BLV/BLI hub or to the Owest operator services Switches. 10.Owest will perform operator services in accordance with operating methods, practices , and standards in effect for all its End User Customers, including making and receiving EAS/local and IntraLATA Toll calls. Owest will respond to CLEC' End User Customer calls to Owest's operator services according to the same priority scheme as it responds to Owest's End User Customer calls. Calls to Owest's operator services are handled on a first come, first served basis , without regard to whether calls are originated by CLEC or Owest End User Customers. 10.Owest will provide operator services to CLEC where Technically Feasible and facilities are available. Owest may from time-to-time modify and change the nature extent , and detail of specific operator services available to its retail End User Customers and to the extent it does so , Owest will provide notice to CLEC on a timely basis consistent with Commission rules and notice requirements. 10.Owest shall maintain adequate equipment and personnel to reasonably perform the operator services. Facilities-based CLEC using its own or a third party Switch(es) shall provide and maintain the facilities necessary to connect its End User Customers to the locations where Owest provides the operator services and to provide all information and data needed or reasonably requested by Owest in order to perform the operator services. 10.7.Intentionally Left Blank. 10.11 GLEe-specific Call Branding for operator services includes recording and setting up CLEC's brand message and loading the brand message into Owest's Switch(es). Owest will record CLEC's brand message. 10.Intentionally Left Blank. 10.13 Reseller CLEC's End User Customers dial the same number Owest's own End User Customers dial to access operator services, including "0" or "Facilities- based CLEC using its own or a third party s Switch(es) may choose to have its End User Customers access Owest operators by dialing a unique number or by using the same July 12, 2007/1hd/Utility Telephone/lD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 250 Section 10 Ancillary Services dialing pattern as used by Qwest End User Customers. 10.Rate Elements The following rate elements apply to operator services. Operator services are provided to CLEC for resale with resold local exchange lines at the Owest retail price less the wholesale discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilities- based provider at the market-based prices contained in Exhibit A. 10.Operator services are priced on a per call basis, as follows. 10.Operator Services Calls - Charges apply for each completed call handled by operator services, including EAS/local calls and IntraLA T A toll calls made , or received and accepted, by CLEC's End User Customer. 10.Intentionally Left Blank. 10.Intentionally Left Blank. 10.1.4 Intentionally Left Blank. 10.Intentionally Left Blank. 10.Busy Line Verify - Charges apply for each call where the operator determines that conversation exists on a line. 10.Busy Line Interrupt - Charges apply for each call where the operator interrupts conversation on a busy line and requests release of the line. 10.Operator Assistance - Charges apply for operator assistance whether a call is completed or not, that does not otherwise generate an operator surcharge as described in this Section. These calls include , but are not limited to: calls given the DDD rate because of transmission problems; calls where the operator has determined there should be no charge , such as Busy Line Verify attempts where conversation was not found on the line; calls where CLEC's End User Customer requests information from the operator and no attempt is made to complete a call; and calls for quotation service. 10.9 "Completed call" as used in this Section shall mean that CLEC' End User Customer makes contact with the location, telephone number, person or extension designated by the End User Customer. 10.Intentionally Left Blank. 10.3 GLEe-Specific Call Branding Nonrecurring Charges. Owest will charge CLEC a nonrecurring set-up and recording fee for establishing GLEe-specific Call Branding, and for loading CLEC's brand message in Qwest's Switch(es). CLEC must pay such nonrecurring charges prior to commencement of GLEe-specific branding. The nonrecurring charges apply each time CLEC's brand message is changed. The nonrecurring charge to load the Switches with CLEC's branded message will be assessed each time there is any change to the Switch. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 251