Loading...
HomeMy WebLinkAbout20070914Application Part II.pdfSection 10 Ancillary Services 10.4 Ordering Process CLEC will order operator services by completing the "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers.Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. 10.5 Billing 10.Qwest will track usage and bill CLEC for the calls made and received by CLEC's End User Customers and facilities. 10.Qwest will compute CLEC's invoice based on calls made and received by CLEC's End User Customers. 10.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate Billing statement, Qwest may render a reasonably estimated bill , but shall notify CLEC of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bill reflecting actual billable quantities when and if the information necessary for the Billing statement becomes available. 10.5.4 Qwest shall provide to CLEC usage information within Qwest's control with respect to calls originated by or terminated to CLEC's End User Customers in the form of the actual information that is comparable to the information Qwest uses to bill its own End User Customers. Without limiting the generality of the foregoing, Qwest shall provide CLEC with Daily Usage Feed (DUF) billing information. 10.Qwest will provide DUF records for all usage billable to CLEC's lines including Busy Line Verify (BLV), Busy Line Interrupt (BLI), and Qwest-ILEC-provided intraLATA toll. These records will be provided as Category 01 or Category 10 EMI records. 10.If CLEC assigns Qwest the ILEC to provide IntraLATA Toll services for its End User Customers, Qwest shall bill CLEC and CLEC shall pay Qwest for such services in accordance with Exhibit A. 10.Access to Poles, Ducts, Conduits , and Rights of Way 10.1 Description 10.Pole Attachments - Where it has ownership or control to do so, Qwest will provide CLEC with access to available Pole Attachment space for the placing of facilities for the purpose of transmitting Telecommunications Services. 10.The term Pole Attachment means any attachment by CLEC to a pole owned or controlled by Qwest. 10.Ducts and Conduits - Where it has ownership or control to do so , Qwest will provide CLEC with access to available ducts/conduits for the purpose of placing facilities for transmitting Telecommunications Services. A spare duct/conduit will be leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC may place innerduct in an empty duct/conduit. Control of GLEe-installed spare July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 252 Section 10 Ancillary Services innerduct shall vest in Qwest immediately upon installation; ownership of such innerduct shall vest to Qwest if and when CLEC abandons such innerduct. Within a multiple tenant environment (MTE), duct may traverse building Entrance Facilities, building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or building riser. 10.The terms duct and conduit mean a single enclosed raceway for conductors, cable and/or wire. Duct and conduit may be in the ground, may follow streets, bridges, public or private ROW or may be within some portion of a multiple tenant environment. Within a multiple tenant environment, duct and conduit may traverse building entrance facilities , building entrance links equipment rooms, Remote Terminals , cable vaults, telephone closets or building riser. The terms duct and conduit include riser conduit. 10.The term innerduct means a duct-like raceway smaller than a duct/conduit that is inserted into a duct/conduit so that the duct may typically carry three (3) cables. 10.The term microduct means a smaller version of innerduct. Four (4) microducts can be placed within a 1 %-inch innerduct. 10.Rights of Way (ROW) - Where it has ownership or control to do so Qwest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to Exhibit D, access to available ROW for the purpose of placing Telecommunications facilities. ROW includes land or other property owned or controlled by Qwest and may run under, on , above , across , along or through public or private property or enter multiple tenant environments. 10.ROW means a real property interest in privately-owned real property, but expressly excluding any public, governmental , federal or Native American , or other quasi-public or non-private lands , sufficient to permit Qwest to place Telecommunications facilities on such real property; such property owner may permit Qwest to install and maintain facilities under, on, above, across along or through private property or enter multiple tenant environments. Within a multiple tenant environment, a ROW includes a pathway that is actually used or has been specifically designated for use by Qwest as part of its transmission and distribution network where the boundaries of the pathway are clearly defined either by written specifications or unambiguous physical demarcation. 10.1.4 Intentionally Left Blank. 10.The phrase "ownership or control to do so" means the legal right, as a matter of state law, to (i) convey an interest in real or personal property, or (ii) afford access to third parties as may be provided by the landowner to Qwest through express or implied agreements, or through Applicable Law as defined in this Agreement. 10.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to the transfer of the occupancy of space for either aerial or underground facilities to assuming CLEC from vacating CLEC. 10.A PDR Transfer of Responsibility request received by Qwest is July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 253 Section 10 Ancillary Services irrevocable upon one hundred percent (100%) payment by assuming CLEC of the nonrecurring transfer charge. 10.2 Terms and Conditions Qwest shall provide CLEC non-discriminatory access to poles , ducts , conduit and Rights of Way (ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment and/or DucUlnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Qwest will not favor itself over CLEC when Provisioning access to poles , ducts, conduits and Rights of Way (ROW). Qwest shall not give itself preference when assigning space. 10.Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC authorization for CLEC to attach , operate, maintain , rearrange , transfer and remove at its sole expense its facilities on poles/ducUinnerduct or ROW owned controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local , state and/or federal requirements. 10.Qwest will rely on such codes as the National Electrical Safety Code (NESC) to prescribe standards with respect to capacity, safety, reliability, and general engineering principles. 10.Federal requirements, such as those imposed by Federal Energy Regulatory Commission (FERC) and Occupational Safety and Health Administration (OSHA), will continue to apply to the extent such requirements affect requests for attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act. 10.2.4 CLEC shall provide access to a map of the requested poles/ducUinnerduct/ROW route, including estimated distances between major points the identification and location of the poles/duct/innerduct and ROWand a description of CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats , maps engineering records and other data within ten (10) business days of receiving a request for such information , except in the case of extensive requests. Extensive requests involve the gathering of plats from more than one (1) location, span more than five (5) Wire Centers , or consist of ten (10) or more intra-Wire Center requests submitted simultaneously. Responses to extensive requests will be provided within a reasonable interval , not to exceed forty-five (45) Days. 10.Except as expressly provided herein, or in the Pole Attachment Act of 1934 as amended and its regulations and rules , or in any applicable state or municipal laws , nothing herein shall be construed to compel Qwest to construct, install , modify or place any poles/duct/innerduct or other facility for use by CLEC. 10.Qwest retains the right to determine the availability of space on poles/duct/innerduct , conduit and ROW consistent with 47 U.C. ~ 224 and FCC orders , rules and regulations pursuant to 47 U.C. ~ 224. In the event Qwest determines that rearrangement of the existing facilities on poles, duct/innerduct/conduit and ROW is required before CLEC's facilities can be accommodated , the actual cost of such modification will be included in CLEC's nonrecurring charges for the associated order (Make-Ready fee). When modifications to a Qwest spare duct/conduit include the placement of innerduct, Qwest or CLEC will install the number of innerduct required to fill July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 254 Section 10 Ancillary Services the duct/conduit to its full capacity. 10.Qwest shall make manhole ingress and egress for duct/innerduct access available to CLEC. Qwest will perform a feasibility study to determine whether to provide a stub out via the pre-constructed knock out within the manhole, or to perform a core drill of the manhole. 10.Where such authority does not already exist, CLEC shall be responsible for obtaining the necessary legal authority to occupy ROW, and/or poles/ducUinnerduct on governmental , federal, Native American, and private rights of way. CLEC shall obtain any permits , licenses, bonds , or other necessary legal authority and permission, at CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC shall contact all owners of public and private rights-of-way to obtain the permission required to perform the work prior to entering the property or starting any work thereon. See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits. Once such permission is obtained , all such work may be performed by Qwest or CLEC at the option of CLEC. 10.Access to a Qwest Central Office manhole will be permitted where Technically Feasible. If space is available, Qwest will allow access through the Central Office manhole to the POI (Point of Interconnection). There shall be a presumption that there shall be no fiber splices allowed in the Central Office manhole. However, where CLEC can establish the necessity and Technical Feasibility of splicing in the Central Office manhole , such action shall be permitted. 10.10 Replacement/Modification/Installation - If CLEC requests Qwest to replace or modify existing poles/duct/innerduct to increase its strength or capacity for the sole benefit of CLEC , CLEC shall pay Qwest the total actual replacement cost, Qwest' actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and the actual cost for removal (including actual cost of destruction) of the replaced poles/ducUinnerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to Qwest. 10.10.Upon request Qwest shall permit CLEC to install poles/duct/innerduct. Qwest reserves the right to reject any non-conforming replacement pole/duct/innerduct installed by CLEC that does not conform to the NESC , OSHA or local ordinances. 10.10.To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total actual cost based on the ratio of the amount of new space occupied by the facilities of CLEC to the total amount of space occupied by all parties including Qwest or its Affiliates participating in the modification. Parties who do not initiate, request or receive additional space from a modification , are not required to share in the cost of the modification. CLEC , Qwest or any other party that uses a modification as an opportunity to bring its facilities into compliance with applicable safety or other requirements will be deemed to be sharing in the modification and will be responsible for its share of the modification cost. Attaching entities will not be responsible for sharing in the cost of governmentally mandated pole or other facility modification. Qwest does not and will not favor itself over other Carriers when Provisioning access to poles , innerduct and rights-of-way. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 255 Section 10 Ancillary Services 10.10.The modifying party or parties may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. The proportionate share of the subsequent attacher will be reduced to take account of depreciation to the pole or other facility that has occurred since the modification. The modifying party or parties seeking to recover modification costs from parties that later obtain attachments shall be responsible for maintaining all records regarding modification costs. Qwest shall not be responsible for maintaining records regarding modification costs on behalf of attaching entities. 10.11 Notification of modifications initiated by or on behalf of Qwest and at Qwest's expense shall be provided to CLEC at least sixty (60) Days prior to beginning modifications. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not respond to a requested rearrangement of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting rearrangement, Qwest may perform or have performed such rearrangement and CLEC shall pay the actual cost thereof. No such notice shall be required in emergency situations or for routine maintenance of poles/duct/innerduct completed at Qwest's expense. 10.12 Qwest reserves the right to make an on-site/final construction inspection of CLEC's facilities occupying the poles/duct/innerduct system. CLEC shall reimburse Qwest for the actual cost of such inspections except where specified in this Section. 10.13 When final construction inspection by Qwest has been completed , CLEC shall correct such non-complying conditions within the reasonable period of time specified by Qwest in its written notice. If corrections are not completed within the specified reasonable period occupancy authorizations for the ROW poles/duct/innerduct system where non-complying conditions remain uncorrected shall suspend forthwith, regardless of whether CLEC has energized the facilities occupying said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said poles/ductlinnerduct or ROW in accordance with the provisions of this Section , provided however, if the corrections physically cannot be made within such specified time, and CLEC has been diligently prosecuting such cure , CLEC shall be granted a reasonable additional time to complete such cure. Qwest may deny further occupancy authorization to CLEC until such non-complying conditions are corrected or until CLEC's facilities are removed from the poles/duct/innerduct system where such non-complying conditions exist. If agreed between both Parties , Qwest shall perform or have performed such corrections and CLEC shall pay Qwest the actual cost of performing such work. Subsequent inspections to determine if appropriate corrective actions have been taken may be made by Qwest. 10.14 Once CLEC's facilities begin occupying the poles/duct/innerduct or ROW system , Qwest may perform a reasonable number of inspections. Qwest shall bear the cost of such inspections unless the results of the inspection reveal a material violation or hazard , or that CLEC has in any other way failed to comply with the provisions of Section 10.20; in which case CLEC shall reimburse Qwest the costs of inspections and re-inspections , as required. CLEC's representative may accompany Qwest on such field inspections. The cost of periodic inspection or any special inspections found necessary due to the existence of sub-standard or unauthorized occupancies shall be billed separately. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 256 Section 10 Ancillary Services 10.15 The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to CLEC upon completion of the inspections. 10.16 Final construction , subsequent, and periodic inspections or the failure to make such inspections , shall not relieve CLEC of any responsibilities , obligations , or liability assigned under this Agreement. 10.17 CLEC may use individual workers of its choice to perform any work necessary for the attaching of its facilities so long as such workers have the same qualifications and training as Qwest's workers. CLEC may use any contractor approved by Qwest to perform make-ready work. 10.18 If Qwest terminates an order for cause, or if CLEC terminates an order without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated order(s) and shall remove its facilities from the poles/duct/innerduct within sixty (60) Days, or cause Qwest to remove its facilities from the poles/duct/innerduct at CLEC's expense; provided , however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's facilities are physically removed. "Cause" as used herein shall include CLEC's use of its facilities in material violation of any Applicable Law or in aid ofany unlawful act or making an unauthorized modification to Qwest' poles/duct/innerduct, or, in the case of ROW, any act or omission that violates the terms and conditions of either (a) the Access Agreement by which Qwest conveys a right of access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest or its predecessor. 10.19 Qwest may abandon or sell any poles/ducUinnerduct/conduit or ROW at any time by giving written notice to CLEC. Any poles/duct/innerduct/conduit or ROW that is sold , will be sold subject to all existing legal rights of CLEC. Upon abandonment of poles/ducUinnerduct/conduit or ROW, and with the concurrence of the other joint user(s), if necessary, CLEC shall, within sixty (60) Days of such notice, either: 1) continue to occupy the poles/duct/innerduct/conduit or ROW pursuant to its existing rights under this Agreement if the poles/duct/innerduct/conduit or ROW is purchased by another party; 2) purchase the poles/duct/innerducUconduit or ROW from Qwest at the current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one of the foregoing options within sixty (60) Days shall be deemed an election to purchase the poles/duct/innerduct/conduit or ROW at the current market value if no other party purchased the poles/duct/innerduct/conduit or ROW within this sixty (60) Day period. 10.20 CLEC's facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Telcordia Manual of Construction Standards , the National Electrical Code , the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated by reference , and any governing authority having jurisdiction. Where a difference in specifications exists , the more stringent shall apply. Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest , its Affiliates or any other Telecommunications Carrier is held. Failure to maintain facilities in accordance with the above requirements or failure to correct as provided in Section 10.13 shall be cause for termination of the order. CLEC shall in a timely manner comply with all requests from Qwest to bring its facilities into compliance with these July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 257 Section 10 Ancillary Services terms and conditions. 10.21 Should Qwest under the provisions of this Agreement remove CLEC' facilities from the poles/ducUinnerduct covered by any order, Qwest will deliver the facilities removed upon payment by CLEC of the cost of removal , storage and delivery, and all other amounts due Qwest. If CLEC removes facilities from poles/duct/innerductfor other than repair or maintenance purposes, no replacement on the poles/duct/innerduct shall be made until all outstanding charges due Qwest for previous occupancy have been paid in full. CLEC shall advise Qwest in writing as to the date on which the removal of facilities from the poles/duct/innerduct has been completed. 10.22 If any facilities are found attached to poles/duct/innerduct for which no order is in effect, Qwest, without prejudice to its other rights or remedies under this Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per pole or per innerduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five (5) times the annual fee per pole or per innerduct run between two (2) manholes. In addition , CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.C. ~ 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC attachments. Qwest shall waive half the unauthorized attachment fee if the following conditions are met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid order for the attachment in the form of Attachment 2 of Exhibit D , within thirty (30) Days of written notification from Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e., pulling additional innerduct) prior to cure by CLEC , (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which discovered the unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a poles/duct/innerduct application. If such application is not received by Qwest within the specified time period CLEC will be required to remove its unauthorized facility within thirty (30) Days of the final date for submitting the required application , or Qwest may remove CLEC's facilities without liability, and the cost of such removal shall be borne by CLEC. 10.23 No act or failure to act by Qwest with regard to an unauthorized occupancy shall be deemed as the authorization of the occupancy. Any subsequently issued authorization shall not operate retroactively or constitute a waiver by Qwest of any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject to all liabilities of the Agreement in regard to said unauthorized occupancy from its inception. 10.24 Qwest will provide CLEC non-discriminatory access poles/ducts/innerducts/conduits and ROW pursuant to 47 U.C. ~ 224 and FCC orders rules and regulations pursuant to 47 U.C. ~ 224. In the event of a conflict between this Agreement, on one hand , and 47 U.C. ~ 224 and FCC orders, rules and regulations pursuant to 47 U.C. ~ 224 , on the other, 47 U.C. ~ 224 and FCC orders, rules and regulations pursuant to 47 U.C. ~ 224 shall govern. Further, in the event of a conflict between Exhibit D, on one hand, and this Agreement or 47 U.C. ~ 224 and FCC orders , rules and regulations pursuant to 47 U.C. ~ 224, on the other, this Agreement July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 258 Section 10 Ancillary Services or 47 U.C. ~ 224 and FCC orders, rules and regulations pursuant to 47 U.C. ~ 224 shall govern , provided however, that any Access Agreement that has been duly executed , acknowledged and recorded in the real property records for the county in which the ROW is located shall govern in any event pursuant to its terms. 10.25 Nothing in this Agreement shall require Qwest to exercise eminent domain on behalf of CLEC. 10.26 Qwest will not enter into ROW agreements for the provision of Telecommunications Services, including agreements relating to ROW within multiple tenant environments, that preclude CLEC from using ROW over which Qwest has ownership or control. Upon CLEC request, Qwest will certify to a landowner with whom Qwest has an ROW agreement, the following: 10.26.that the ROW agreement with Qwest does not preclude the landowner from entering into a separate ROW agreement with CLEC; and 10.26.that there will be no penalty under the agreement between the landowner and Qwest if the landowner enters into a ROW agreement with CLEC. 10.27 For purposes of permitting CLEC to determine whether Qwest has ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment , if CLEC requests a copy of an agreement between Qwest and the owner of a duct/conduit or ROW , including duct/conduit or ROW within a specific multiple tenant environment, that grants Qwest access to , ownership of, or control of duct/conduit or ROW within a specific multiple tenant environment, Qwest will provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant environment or route for each agreement. 10.27.Upon receipt of a completed Attachment 1., Qwest will prepare and return an MTE matrix or ROW matrix, as applicable , within ten (10) Days which will identify (a) the owner of the duct/conduit or ROW or multiple tenant environment as reflected in Qwest's records , and (b) whether or not Qwest has a copy of an agreement that provides Qwest access to duct/conduit or ROW or multiple tenant environment in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original property owner may not be the current owner of the property. 10.27.Qwest grants a limited waiver of any confidentiality rights it may have with regards to the content of the agreement, subject to the terms and conditions in Section 10.27.3 and the Consent to Disclosure form. Qwest will provide to CLEC a copy of an agreement listed in the MTE matrix or ROW matrix, as applicable, that has not been publicly recorded after CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by presenting to Qwest an executed version of the Consent Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission of the Consent to Disclosure form, CLEC must comply with the indemnification requirements in Section 10.8.4. 10.27.As a condition of its limited waiver of its right to confidentiality in July 12 , 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 259 Section 10 Ancillary Services an agreement that provides Qwest access to a multiple tenant environment that Qwest provides to CLEC or that CLEC obtains from the multiple tenant environment owner or operator, Qwest shall redact all dollar figures from copies of agreements that have not been publicly recorded that Qwest provides to CLEC and shall require that the multiple tenant environment owner or operator make similar redaction s prior to disclosure of the agreement. 10.27.4 In all instances , CLEC will use agreements only for the following purposes: (a) to determine whether Qwest has ownership or control over duct conduits, or rights-of-way within the property described in the agreement; (b) to determine the ownership of wire within the property described in the agreement; or (c) to determine the Demarcation Point between Qwest facilities and the owner s facilities in the property described in the agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any CLEC agents or employees engaged in sales , marketing, or product management efforts on behalf of CLEC. 10.28 In cities where Qwest has deployed microduct technology but no vacant microduct is available on the specified route CLEC may request Qwest to place microduct along the desired route or CLEC can choose to place microduct that must meet Qwest specifications. 10.29 In cities where Qwest has not deployed microduct and CLEC wishes to use this technology, CLEC must lease an innerduct. In these locations CLEC will be required to furnish and place the microduct. At the conclusion of the lease, CLEC and Qwest will make a joint decision whether or not CLEC will be required to remove CLEC' microduct from the innerduct. 10.30 If any microduct is found occupying facilities for which no order is effect, Qwest, without prejudice to its other rights or remedies , may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five (5) times the annual fee per microduct run between two (2) manholes. 10.30.In addition, CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.C 6621 , Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC occupancy. 10.30.Qwest shall waive half the unauthorized occupancy fee if the following conditions are met: 10.30.1 CLEC cures such unauthorized occupancy by removing it or submitting a valid order for the attachment within thirty (30) days of written notification from Qwest. 10.30.2 The unauthorized occupancy did not require Qwest to take curative measures (e., pulling additional microduct) prior to cure by CLEC. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 260 Section 10 Ancillary Services 10.30.3 CLEC reimburses Qwest for cost of audit , or portion thereof, which discovered the unauthorized occupancy. Qwest shall also waive the unauthorized occupancy fee if the unauthorized occupancy arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a Poles/Duct/lnnerduct/Microduct Application. If such application is not received by Qwest within the specified time period, CLEC will be required to remove its unauthorized facility within thirty (30) Days of the final date for submitting the required application , or Qwest may remove CLEC' facilities without liability, and the cost of such removal shall be borne byCLEC. 10.31 To be eligible for PDR Transfer of Responsibility of the occupancy of space for poles or conduit, vacating CLEC must have a valid Agreement in place for those facilities specified for transfer. 10.31.The assuming CLEC is required to have an Agreement with Qwest that includes all elements involved in the transfer. 10.31.The Agreement referenced in the PDR Transfer of Responsibility request will be transferred either in its entirety or portion thereof as specified in the PDR Transfer of Responsibility Application Form and Transfer Authorization Agreement. 10.31.The PDR Transfer of Responsibility includes changing the following Qwest items: Customer name, Access Carrier Name Abbreviation (ACNA), Master Customer Number (MCN), customer address, telephone number, billing and contact information , and contact telephone number. The eight (8) character CLEC CLLlTM code will remain the same. 10.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must comply with 11 U.C. Section 365.61. The negotiation of the terms and conditions between vacating CLEC and assuming CLEC is the responsibility of those two parties. Qwest does not participate in these discussions. Qwest manages the database and records the transfer. 10.31. facilities. Qwest is not responsible for the physical condition of CLEC's 10.31.Prior to submission of a PDR Transfer of Responsibility request all work in progress must be negotiated between vacating and assuming CLEC. 10.31.Prior to submitting a Transfer of Responsibility request assuming CLEC's financial obligations to Qwest must be in good standing. vacating CLEC is unable to meet its financial obligations, assuming CLEC will be required to assume the financial obligations of vacating CLEC. 10.31.Vacating and assuming CLEC must provide Qwest a signed Qwest PDR Transfer Authorization Agreement providing the following information: All Qwest Central Office Service Areas that may apply, PDR Billing July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 261 Section 10 Ancillary Services Authorization Numbers (BAN), requested completion date (not binding), and state-specific charge for the transfer as indicated in Exhibit A. 10.31.Once the transfer request is accepted, Qwest will submit the signed PDR Transfer of Responsibility Request Consent Form to vacating and assuming CLECs and the transfer will be completed. 10.Rate Elements Qwest recurring and nonrecurring charges for attachments are in accordance with Section 224 of the Act and FCC orders, rules and regulations promulgated there under and with rates established by the Commission. Charges are included in Exhibit A. 10.Inquiry Fee. A non-refundable pre-paid charge used to recover the costs associated with performing an internal record review to determine if a requested route and/or facility is available, or with respect to ROW, to determine the information necessary to create the MTE matrix or ROW matrix, as applicable, which identifies , for each ROW, the name of the original grantor and the nature of the ROW (i.e., publicly recorded and non-recorded) and the MTE matrix or ROW matrix , as applicable , which identifies each requested legal agreement between Qwest and a third party who has a multiple tenant environment in Qwest's possession that relates to Telecommunications Services provided to or through real property owned by the third party (MTE Agreement) and , for each such MTE Agreement, the name of the third party. Separate Inquiry Fees apply for ROW , poles and duct/conduit/innerduct. 10.Field Verification Fee/Access Agreement Preparation Fee. In the case poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge which recovers the estimated actual costs for a field survey verification required for a route and to determine scope of any required make-ready work. Separate Field Verification Fees apply for poles and manholes. In the case of ROW, the Access Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the estimated actual costs for preparation of the Access Agreement for each ROW requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be billed in advance. 10.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge which recovers the cost of necessary work required to make the requested facility/ROW available for access. For innerduct , this could include , but is not limited to , the placing of innerduct in conduit/duct systems or core drilling of manholes. For Pole Attachment requests, this could include, but is not limited to, the replacement of poles to meet required clearances over roads or land. For ROW, this make-ready could include, but is not limited to, personnel time, including attorney time. With respect to ROW, make- ready work refers to legal or other investigation or analysis arising out of CLEC's failure to comply with the process described in Exhibit D for ROW , or other circumstances giving rise to such work beyond the simple preparation of one or more Access Agreements. The estimated pre-paid fee shall be billed in advance. 10.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy, including during any make-ready period, of one (1) foot of pole space (except for antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC requests that it be semi-annual. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 262 Section 10 Ancillary Services 10.Innerduct Occupancy Fee. A pre-paid fee which is charged for the occupancy, including during any make-ready period , of an innerduct on a per foot basis. This fee shall be annual unless CLEC requests that it be semi-annual. 10.Access Agreement Consideration. A pre-paid fee which constitutes consideration for conveying access to the ROW to CLEC. This fee shall be a one-time (Le., nonrecurring) fee. 10.Microduct Occupancy Fee. A pre-paid fee which is charged for the occupancy, including during any make-ready period , and billed annually per microduct per foot. 10.PDR Transfer of Responsibility. Vacating CLEC will not incur charges for a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for assuming CLEC will be a nonrecurring charge associated with the transfer of the agreement. 10.8.4 Ordering There are two (2) steps required before placing an order for access to ROW, duct/innerduct and Pole Attachment: Inquiry Review and Field Verification. 10.8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access , Pole Attachment or duct/innerduct occupancy, Qwest will provide CLEC with Exhibit D. CLEC will review the documents and provide Qwest with maps of the desired area indicating the routes and entrance points for proposed attachment, proposed occupancy or proposed CLEC construction on Qwest owned or controlled poles , duct/innerduct and ROW as well as the street addresses of any multiple tenant environments upon or through which CLEC proposes construction on ROW owned or controlled by Qwest. CLEC will include the appropriate inquiry fee with a completed Attachment 1.A from Exhibit D. 10.8.4.Inquiry Review - Duct/Conduit/lnnerduct. Qwest will complete the database inquiry and prepare a duct/conduit structure diagram (referred to as a "Flatline ) which shows distances and access points (such as manholes). Along with the Flatline will be estimated costs for field verification of available facilities. These materials will be provided to CLEC within ten (10) Days or within the time frames of the applicable federal or state law, rule or regulation. 10.8.4.Inquiry Review - Poles. Qwest will provide the name and contact number for the appropriate local field engineer for joint validation of the poles and route and estimated costs for field verification on Attachment 1.B of Exhibit D within ten (10) Days of the request. 10.8.4.Inquiry Review - ROW. Qwest shall, upon request of CLEC provide the ROW matrix , the MTE matrix and a copy of all publicly recorded agreements listed in those matrices to CLEC within ten (10) Days of the request. Qwest will provide to CLEC a copy of agreements listed in the matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form, which is included in Exhibit D, Attachment 4. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 263 Section 10 Ancillary Services Qwest may redact all dollar figures from copies of agreements listed in the matrices that have not been publicly recorded that Qwest provides to CLEC. Any dispute over whether terms have been redacted appropriately shall be resolved pursuant to the Dispute Resolution procedures set forth in this Agreement. Alternatively, in order to secure any agreement that has not been publicly recorded, CLEC may provide a legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action arising out of Qwest's provision of such agreement to CLEC. In that event, CLEC shall not be required to providean executed Consent to Disclosure form. Qwest makes no warranties concerning the accuracy of the information provided to CLEC; CLEC expressly acknowledges that Qwest's files contain only the original ROW instruments , and that the current owner(s) of the fee estate may not be the party identified in the document provided by Qwest. 10.8.4.Field Verification - Poles Duct/lnnerduct and Access Agreement Preparation (ROW). CLEC will review the inquiry results and determine whether to proceed with field verification for poles/ducts or Access Agreement preparation for ROW. If field verification or Access Agreement preparation is desired , CLEC will sign and return Attachment 1.B of Exhibit D along with a check for the relevant verification fee (Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access Agreement as consideration for the Access Agreement. Upon payment of the relevant fee and Access Agreement consideration if applicable , Qwest will provide , as applicable , depending on whether the request is for poles , duct/innerduct/conduit, or ROW: (a) in the case of duct/innerduct/conduit, a field survey and site investigation of the duct/innerduct/conduit, including the preparation of distances and drawings, to determine availability of existing duct/innerduct/conduit; identification of make-ready costs required to provide space; the schedule in which the make-ready work will be completed; and, the annual recurring prices associated with the attachment of facilities; (b) in the case of ROW, the completed Access Agreement(s), executed and acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in accordance with the instructions , terms and conditions set forth in Exhibit D, the Access Agreement becomes effective to convey the interest identified in the Access Agreement (if any). Any dispute regarding whether a legal agreement conveys a ROW shall be resolved between CLEC and the relevant third party or parties, and such disputes shall not involve Qwest; and/or (c) in the case of poles , estimates of make-ready costs and the annual recurring prices associated with the attachment of facilities shall be as provided in Exhibit A. The verification of (a), (b), and (c), above , shall be completed by Qwest not later than forty-five (45) Days after CLEC's submission of the inquiry request. Make-ready time , if any, and CLEC review time is not part of the forty-five (45) Day interval. The Attachment 2 quotation shall be valid for ninety (90) Days. 10.8.4.1 GLEe-Performed Field Verification. At the option of CLEC , it may perform its own field verification (in lieu of Qwest performing same) with the following stipulations: 1) Verifications will be conducted by a Qwest approved contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest with a legible copy of manhole butterfly drawings that reflect necessary make-ready effort; and 4) Qwest will use GLEe-provided butterfly drawings and documentation to check against existing jobs and provide a final field report of available duct/innerduct. CLEC will be charged standard rates for tactical planner time. July 12 , 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 264 Section 10 Ancillary Services 10.8.4.Order - Poles and Duct/lnnerduct. The review, signing and return of Attachment 2 of the General Information Document along with payment of the Make- Ready and prorated recurring access charges for the current relevant period (annual or semi-annual) shall be accepted as an order for the attachment or occupancy. Upon receipt of the accepted order from CLEC and applicable payment for the fees identified Qwest will assign the requested space and commence any make-ready work which may be required. Qwest will notify CLEC when poles/duct/innerduct are ready. 10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make- Ready costs. 10.8.4.4.If Qwest requests , CLEC will be responsible for payment of the actual Make-Ready costs determined if such costs exceed the estimate. Such payment shall be made within thirty (30) Days of receipt of an invoice for the costs that exceed the estimate. 10.8.4.4.Within fifteen (15) business days of a request, Qwest will provide CLEC copies of records reflecting actual cost of Make-Ready work; provided, however, that, if Qwest does not possess all such records at the time of the request , then Qwest will provide copies of such records within fifteen (15) business days of receipt of such records. CLEC must request such records, if at all, within sixty (60) Days after written notification of the completion of the Make- Ready work. 10.8.4.4.If the actual Make-Ready costs are less than the estimate, an appropriate credit for the difference will be issued upon request. Such request must be received within sixty (60) Days following CLEC's receipt of copies of records if CLEC has requested records under this paragraph, or within sixty (60) Days after written notification of the completion of Make-Ready work if CLEC has not requested records under this paragraph. Such credit will issue within ten (10) business days of Qwest's receipt of either all records related to such actual costs or CLEC's request for credit , whichever comes last , but in no event later than ninety (90) Days following the request for credit. 10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during inquiry/verification , Qwest denies the request for poles, ducts or ROW, upon CLEC request, Qwest will also refund the difference between the actual Make- Ready costs incurred and those prepaid by CLEC, if any. Such request must be made within thirty (30) Days of CLEC's receipt of written denial or notification of cancellation. Any such refund shall be made within ten (10) business days of either receipt of GLEe's request or Qwest's receipt of all records relating to the actual costs , whichever comes last, but in no event later than ninety (90) Days following the denial. 10.8.4.The PDR Transfer of Responsibility process requires the submission of the DPR Transfer of Responsibility Application Form containing information for both the vacating and assuming CLECs , a signed Qwest PDR Transfer Authorization Agreement and full payment of the quoted PDR Transfer of Responsibility charge. 10.8.4.The PDR Transfer of Responsibility Application Form and Transfer Authorization Agreement are on Qwest's web site at: July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 265 Section 10 Ancillary Services http://www.qwest.com/whoiesale/pcat/poleductrow.htmi 10.8.4.The PDR Transfer of Responsibility Application Form and an electronic version of the Transfer Authorization Agreement with "Agreed" entered in the designated signature blocks (this will act as your electronic signature) must be submitted to wsst(Q).qwest.com. 10.8.4.The printed and signed PDR Transfer Authorization Agreement and full payment is to be mailed to: Resource Allocation , 700 W. Mineral MT- G28., Littleton CO 80120. 10.5 Billing 10.CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee , Make-Ready Fee, Pole Attachment Fee, Duct/lnnerduct Occupancy Fee and Access Agreement Consideration. Make- Ready Fees will be computed in compliance with applicable local, state and federal guidelines. Usage fees for poles/duct/innerduct (i.e., Pole Attachment Fee and Duct/lnnerduct Occupancy Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees for poles/duct/innerduct will be assessed as of January 1 of each year. Semi-annual usage fees for poles/duct/innerduct will be assessed as of January 1 and July 1 of each year. All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not refundable except as expressly provided herein. 10.Vacating CLEC is obligated to pay all recurring charges until Qwest completes the PDR Transfer of Responsibility request. Once the transfer is complete , the effective date to cease recurring billing will coincide with the same date recurring billing starts for assuming CLEC. 10.6 Maintenance and Repair In the event of any service outage affecting both Qwest and CLEC , repairs shall be effectuated on a non-discriminatory basis as established by local , state or federal requirements. Wheresuch requirements do not exist, repairs shall be made in the following order: electrical telephone (EAS/local), telephone (Long Distance), and cable television , or as mutually agreed to by the users of the affected poles/duct/innerduct. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 266 Section 11 Network Security Section 11.0 - NETWORK SECURITY 11.Protection of Service and Property. Each Party shall exercise the same degree of care to prevent harm or damage to the other Party and any third parties, its employees agents or End User Customers , or their property as it employs to protect its own personnel, End User Customers and property, etc. 11.Each Party is responsible to provide security and privacy of communications. This entails protecting the confidential nature of Telecommunications transmissions between End User Customers during technician work operations and at all times. Specifically, no employee , agent or representative shall monitor any circuits except as required to repair or provide service of any End User Customer at any time. Nor shall an employee , agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that such communication has taken place. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible for covering its employees on such security requirements and penalties. 11.The Parties' Telecommunications networks are part of the national security network, and as such , are protected by federal law. Deliberate sabotage or disablement of any portion of the underlying equipment used to provide the network is a violation of federal statutes with severe penalties , especially in times of national emergency or state of war. The Parties are responsible for covering their employees on such security requirements and penalties.11.4 Qwest and CLEC share responsibility for security and network protection for each Collocation arrangement. Each Party s employees, agents or representatives must secure its own portable test equipment, spares, etc. and shall not use the test equipment or spares of other parties. Use of such test equipment or spares without written permission constitutes theft and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either rolling or track, which CLEC may use in the course of work operations. Qwest assumes no liability to CLEC , its agents, employees or representatives , if CLEC uses a Qwest ladder available in the Wire Center. 11.Each Party is responsible for the physical security of its employees , agents or representatives. Providing safety glasses, gloves, etc. must be done by the respective employing Party. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Party. Proper use of tools, ladders and test gear is the training responsibility of the employing Party. 11.In the event that one Party s employees, agents or representatives inadvertently damage or impair the equipment of the other Party, prompt notification will be given to the damaged Party by verbal notification between the Parties' technicians at the site or by telephone to each Party s 24 x 7 security numbers. 11.Each Party shall comply at all times with Qwest security and safety procedures and requirements while performing work activities on Qwest's Premises. 11.Qwest will allow CLEC to inspect or observe spaces which house or contain CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry codes, lock combinations, or other materials or information which may be needed to gain entry into any secured CLEC space, in a manner consistent with that used by Qwest. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 267 Section 11 Network Security 11.Qwest will limit the keys used in its keying systems for enclosed collocated spaces which contain or house CLEC equipment or equipment enclosures to its employees and representatives to emergency access only. CLEC shall further have the right to change locks where deemed necessary for the protection and security of such spaces. 11.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel and recover keys and electronic ID/keys promptly from discharged personnel , such that office security is always maintained. Qwest has similar responsibility for its employees. 11.11 CLEC will train its employees, agents and vendors on Qwest security policies and guidelines. 11.12 When working on Qwest ICDF Frames or in Qwest's common or CLEC equipment line-ups , Qwest and CLEC employees , agents and vendors agree to adhere to Qwest quality and performance standards provided by Qwest and as specified in this Agreement. 11.13 CLEC shall report all material losses to Qwest Security. All security incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC shall call 911 and 1-888-879-7328. 11.14 Qwest and CLEC employees agents and vendors will identification/access card above the waist and visible at all times. display the 11.15 Qwest and CLEC shall ensure adherence by their employees, agents and vendors to all applicable Qwest environmental health and safety regulations. This includes all fire/life safety matters, OSHA, EPA, Federal , State and local regulations , including evacuation plans and indoor air quality. 11. and gates. Qwest and CLEC employees, agents and vendors will secure and lock all doors 11.17 CLEC will report to Qwest all property and equipment losses immediately, any lost cards or keys , vandalism , unsecured conditions , security violations, anyone who unauthorized to be in the work area or is not wearing the Qwest identification/access card. 11.18 Qwest and GLEe's employees , agents and vendors shall comply with Qwest Central Office fire and safety regulations , which include but are not limited to , wearing safety glasses in designated areas , keeping doors and aisles free and clean of trip hazards such as wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not blocking doors open, providing safety straps and cones in installation areas , using electrostatic discharge protection , and exercising good housekeeping. 11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwestfacilities. No open flames shall be permitted anywhere within the buildings, Wire Centers or other facilities. Failure to abide by this restriction may result in denial of access for that individual and may constitute a violation of the access rules, subjecting CLEC employee , agent or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) Days of CLEC violation of this provision to CLEC prior to denial of access and such notice shall include: 1) identification of the violation of this provision and the personnel involved , 2) July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 268 Section 11 Network Security identification of the safety regulation violated, and 3) date and location of such violation. CLEC will have five (5) Days to remedy any such violation for which it has received notice from Qwest. In the event that CLEC fails to remedy any such violation of which it has received notice within such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision , CLEC may pursue immediate resolution by expedited Dispute Resolution. 11.20 No flammable or explosive fluids or materials are to be kept or used anywhere within the Qwest buildings or on the grounds. 11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest property are subject to this restriction as well. 11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or vendors may not make any modifications, alterations, additions or repairs to any space within the building or on the grounds , provided, however, nothing in Section 11 shall prevent CLEC, its employees or agents from performing modifications, alterations, additions or repairs to its own equipment or facilities. 11.23 Qwest employees may request CLEC's employees , agents or vendors to stop any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the facility until the situation is remedied. CLEC employees may report any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance (800-713-3666) and the reported work activity will be immediately stopped until the situation is remedied. In the event such non-compliant activity occurs in a Qwest Central Office, notification of the non-compliant activity may be made to the Central Office supervisor, and the Central Office supervisor shall immediately stop the reported work activity until the situation is remedied. The compliant Party shall provide immediate notice of the non-compliant work activity to the non-compliant Party and such notice shall include: 1) identification of the non-compliant work activity, 2) identification of the safety regulation violated , and 3) date and location of safety violation. If such non-compliant work activities pose an immediate threat to the safety of the other Party s employees , interference with the performance of the other Party service obligations , or pose an immediate threat to the physical integrity of the other Party s facilities the compliant Party may perform such work and/or take action as is necessary to correct the condition at the non-compliant Party s expense. In the event the non-compliant Party disputes any action the compliant Party seeks to take or has taken pursuant to this provision , the non- compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non- compliant Party fails to correct any safety non-compliance within ten (10) Days of written notice of non-compliance , or if such non-compliance cannot be corrected within ten (10) Days of written notice of non-compliance , and if the non-compliant Party fails to take all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue immediate resolution by expedited Dispute Resolution. 11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC' employees, agents or vendors parking in a Qwest parking area. 11.25 CLEC's employees, agents or vendors outside the designated CLEC access area, or without proper identification may be asked to vacate the Premises and Qwest security July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 269 Section 11 Network Security may be notified. Continued violations may result in termination of access privileges. Qwest shall provide immediate notice of the security violation to CLEC and such notice shall include: 1) identification of the security violation, 2) identification of the security regulation violated , and 3) date and location of security violation. CLEC will have five (5) Days to remedy any such alleged security violation before any termination of access privileges for such individual. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision CLEC may pursue immediate resolution by expedited or other Dispute Resolution. 11. Centers: Building related problems may be referred to the Qwest Work Environment 800-879-3499 (CO , WY , NM) 800-201-7033 (all other Qwest states) 11.27 CLEC will submit a Qwest Collocation Access Application form for individuals needing to access Qwest facilities. CLEC and Qwest will meet to review applications and security requirements. 11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and elevators that provide direct access to CLEC's space or the nearest restroom facility. Such access will be covered in orientation meetings. Access shall not be permitted to any other portions of the building. 11.29 CLEC will collect identification/access cards for any employees, agents or vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or keys cannot be collected , CLEC will immediately notify Qwest at 800-210-8169. 11.30 CLEC will assist Qwest in validation and verification of identification of its employees , agents and vendors by providing a telephone contact available seven (7) Days a week, twenty-four (24) hours a Day. 11.31 Qwest and CLEC employees , agents and vendors will notify Qwest Service Assurance (800-713-3666) prior to gaining access into a Central Office after hours , for the purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00 m. to 5:00 p. 11.32 CLEC will notify Qwest if CLEC has information that its employee , agent or vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the reasonable judgment of Qwest threatens the safety or security of facilities or personnel. 11.33 CLEC will supply to Qwest Security, and keep up to date , a list of its employees agents and vendors who require access to CLEC's space. The list will include names and social security numbers. Names of employees, agents or vendors to be added to the list will be provided to Qwest Security, who will provide it to the appropriate Qwest personnel. 11.34 Revenue Protection. Qwest shall make available to CLEC all present and future fraud prevention or revenue protection features. These features include, but are not limited to screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA- 976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 270 Section 11 Network Security prevention, detection and control functionality within pertinent Operations Support Systems which include but are not limited to LlDB Fraud monitoring systems. 11.34.Uncollectable or un billable revenues resulting from , but not confined to Provisioning, maintenance , or signal network routing errors shall be the responsibility of the Party causing such error or malicious acts, if such malicious acts could have reasonably been avoided. 11.34.Uncollectible or un billable revenues resulting from the accidental or malicious alteration of software underlying Network Elements or their subtending Operational Support Systems by unauthorized third parties that could have reasonably been avoided shall be the responsibility of the Party having administrative control of access to said Network Element or operational support system software. 11.34.Qwest shall be responsible for any direct uncollectible or unbillable revenues resulting from the unauthorized physical attachment to Loop facilities from the Main Distribution Frame up to and including the Network Interface Device, including clip- on fraud , if Qwest could have reasonably prevented such fraud. 11.34.4 To the extent that incremental costs are directly attributable to a revenue protection capability requested by CLEC, those costs will be borne by CLEC. 11.34.To the extent that either Party is liable to any toll provider for fraud and to the extent that either Party could have reasonably prevented such fraud , the Party who could have reasonably prevented such fraud must indemnify the other for any fraud due to compromise of its network (e., clip-on , missing information digits , missing toll restriction, etc. 11.34.If Qwest becomes aware of potential fraud with respect to CLEC' accounts , Qwest will promptly inform CLEC and , at the direction of CLEC , take reasonable action to mitigate the fraud where such action is possible. 11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911 centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day. Assistance includes, but is not limited to , release of 911 trace and subscriber information; in- progress trace requests; establishing emergency trace equipment, release of information from an emergency trap/trace or *57 trace; requests for emergency subscriber information; assistance to law enforcement agencies in hostage/barricade situations , kidnappings , bomb threats, extortion/scams , runaways and life threats. 11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law enforcement, if such assistance is directed by a court order. This service is provided during normal business hours Monday through Friday. Exceptions are addressed in the above paragraph. The charges for these services will be billed directly to the law enforcement agency, without involvement of CLEC , for any lines served from Qwest Wire Centers or cross boxes. 11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross boxes, whether the line is a resold line or Unbundled Loop element , Qwest will perform trap/trace Title III and pen register assistance directly with law enforcement. CLEC will not be involved or notified of such actions, due to non-disclosure court order considerations, as well as timely response duties when law enforcement agencies are involved. Exceptions to the above July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 271 Section 11 Network Security will be those cases, as yet undetermined , where CLEC must participate due to technical reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or for legal reasons that may evolve over time. CLEC will provide Qwest with a twenty-four (24) hours a Day, seven (7) Days a week contact for processing such requests, should they occur. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 272 Section 12 Access to Operational Support Systems (OSS) Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055) 12.Description 12.Qwest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between CLEC's and Qwest's OSS. These gateways provide security for the interfaces , protecting the integrity of the Qwest OSS and databases. Qwest's OSS interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and manual processes that Qwest has developed and shall provide to CLEC. Additional technical information and details shall be provided by Qwest in training sessions and documentation and support, such as the "Interconnect Mediated Access User s Guide." Qwest will continue to make improvements to the electronic interfaces as technology evolves, Qwest's legacy systems improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the provisions of the Change Management Process (CMP) set forth in Section 12. 12.Through its electronic gateways and manual processes, Qwest shall provide CLEC non-discriminatory access to Qwest's OSS for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such as pre-ordering and ordering and Provisioning of resold services , Qwest shall provide CLEC access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, such as pre-ordering and ordering and Provisioning of Unbundled Elements, Qwest shall provide CLEC access to Qwest's OSS sufficient to allow an efficient competitor a meaningful opportunity to compete. Qwest will comply with the standards for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall provide assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC equivalent access to all of the necessary OSS functions. Through its web site , training, disclosure documentation and development assistance, Qwest shall disclose to CLEC any internal business rules and other formatting information necessary to ensure that CLEC' requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to devise its own course work for its own employees. Through its documentation available to CLEC , Qwest will identify how its interface differs from national guidelines or standards. Qwest shall provide OSS designed to accommodate both current demand and reasonably foreseeable demand. 12.055 Support for Pre-ordering, Ordering and Provisioning 12.Qwest will establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Qwest will work cooperatively with CLECs through the CMP to consider any suggestions made by CLECs to improve or modify such plans. CLEC- specific requests for modifications to such plans will be negotiated and mutually agreed upon between Qwest and CLEC. 12.Ordering and Provisioning 12.Ordering and Provisioning - Qwest will provide access to ordering and status functions. CLEC will populate the service request to identify what July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 273 Section 12 Access to Operational Support Systems (OSS) features, services , or elements it wishes Qwest to provision in accordance with Qwest's published business rules. 12.Qwest will provide all Provisioning services to CLEC during the same business hours that Qwest provisions services for its End User Customers. Qwest will provide out-of-hours Provisioning services to CLEC on a non- discriminatory basis, as it provides such Provisioning services to itself, its End User Customers , its Affiliates or any other Party. Qwest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale web site. 12.When CLEC places a manual order, Qwest will provide CLEC with a manual Firm Order Confirmation (FOC) notice. The confirmation notice will follow industry-standard formats. 12.1.4 Business rules regarding rejection of Local Service Requests (LSR) or Access Service Requests (ASR) are subject to the provisions of Section 12. 12.When Qwest provides installation on behalf of CLEC , Qwest will advise CLEC's End User Customer to notify CLEC immediately if the End User Customer requests a service change at the time of installation. 12.Ordering Process 12.Local Service Requests (LSR) 12.Qwest shall provide electronic interface gateways for submission of LSRs, including both an application-to-application interface and a Graphical User Interface (GUI). 12.The interface guidelines for the application-to-application interface are based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG), and the appropriate electronic transmission standards. Exceptions to the above guidelines/standards shall be specified in the Interconnect Mediated Access (IMA) disclosure documents. 12.TheGUI shall provide a single interface for Pre-order and Order transactions from CLEC to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol (TCPIIP) to transmit messages. 12.1.4 Functions Pre-ordering - Qwest will provide real time, electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to CLEC: 12.1.4.1 Features, services and Primary Interexchange Carrier (PIC) options for IntraLATA toll and InterLATA toll available at a valid service address; July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 274 Section 12 Access to Operational Support Systems (OSS) 12.1.4.Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information will include Billing name , service address, Billing address, service and feature subscription Directory Listing information, and Long Distance Carrier identity; 12.1.4.Telephone number request and selection; 12.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 12.1.4.Information regarding whether dispatch is required for service installation and available installation appointments; 12.1.4.Service address verification; 12.1.4.Facility availability, Loop qualification and Loop make-up information , including, but not limited to, Loop length, presence of Bridged Taps , repeaters, and loading coils; 12.1.4.A list of valid available CFAs for Unbundled Loops; 12.9 A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops; 12.1.4.10 Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location whereapplicable; 12.1.4.11 NC/NCI combinations supported by IMA flow-through can be addressed; 12.1.4.12 Raw Loop Data can be validated in IMA and QORA and retrieved by segments and sub-segments; and 12.1.4.13 Loop Qualification for ISDN and Qwest DSL services can be performed using IMA Loop Qualification Tool. 12.2.When CLEC places an electronic order, Qwest will provide CLEC with an electronic FOC. The FOC will follow industry-standard formats and contain the Qwest Due Date for order completion. Upon completion of the order, Qwest supplies two (2) completion notices: 1) service order completion (SOC) which notifies CLEC when the service order record was completed, and 2) Billing completion that notifies CLEC that the service order has posted to the Billing system. 12.When CLEC places an electronic order, Qwest will provide notification electronically of any instances when 1) Qwest's Committed Due Date is in jeopardy of not being met by Qwest, or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 275 Section 12 Access to Operational Support Systems (OSS) 12.When CLEC places a manual order, Qwest provide notification of any instances when 1) Qwest's committed Due Date is in jeopardy of not being met by Qwest on any service , or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.Dial-Up Capabilities 12.Intentionally Left Blank. 12.Intentionally Left Blank. 12.When CLEC requests from Qwest more than fifty (50) SecurlDs for use by CLEC Customer service representatives at a single CLEC location , CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is obtaining the line from Qwest, then CLEC shall be able to use SecurlDs until such time as Qwest provisions the T1 line and the line permits pre-order and order information to be exchanged between Qwest and CLEC. 12.9 Application-to-application Facilities-based Listing Process. Qwest shall provide an application-to-application facilities-based listing interface to enable CLEC's listing data to be translated and passed into the Qwest listingdatabase. This interface is based upon OBF LSOG and the appropriate electronic transmission standards. Qwest shall supply exceptions to these guidelines/standards in writing in sufficient time for CLEC to adjust system requirements. 12.Access Service Request (ASR) 12.Qwest shall provide a computer-to-computer batch file interface an application-to-application interface, and a GUI interface for submission of ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest shall supply exceptions to these guidelines in writing in sufficient time for CLEC to adjust system requirements. 12.Functions Pre-ordering. Qwest will provide real time , electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described in this Section. Qwest will make the following real time pre- order functions available to CLEC: 12.Service Address validation; 12.CFA validation; 12.NC-NCI validation; 12.2.4 BAN validation; and 12.CLLI validation. 12.When CLEC places an electronic or manual order, Qwest will July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 276 Section 12 Access to Operational Support Systems (OSS) provide notification of any instances when 1) Qwest's committed Due Date is in jeopardy of not being met by Qwest, or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.2.4 When CLEC places an electronic order, Qwest will provide CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-standard formats and contain the Qwest Due Date for order completion. 12.2 Maintenance and Repair 12.Qwest shall provide electronic interface gateways , including an Electronic Bonding interface and a GUI interface, for reviewing an End User Customer s trouble history at a specific location, conducting testing of an End User Customer s service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Qwest and CLEC while the Trouble Report (TR) is open and a Qwest technician is working on the resolution. CLEC may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by CLEC that trouble is cleared. 12.3 Interface Availability 12.Qwest shall make its OSS interfaces available to CLEC during the hours listed in the Gateway Availability PIDs in Section 20. 12.Qwest shall notify CLEC in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. 12.4 Billing 12.2.4.For products billed out of the Qwest Interexchange Access Billing System (lABS), Qwest will utilize the existing CABS/BOS format and technology for the transmission of bills. 12.2.4.For products billed out of the Qwest Customer Record Information System (CRIS), Qwest will utilize the existing EDI standard for the transmission of monthly local Billing information. EDI is an established standard under the auspices of the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of Telecommunications Billing. Any deviance from these standards and guidelines shall be documented and accessible to CLEC. 12.5 Outputs Output information will be provided to CLEC in the form of bills, files , and reports. Bills will capture all regular monthly and incremental/usage charges and present them in a summarized format. The files and reports delivered to CLEC come in the following categories: Usage Record File Line Usage Information July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 277 Section 12 Access to Operational Support Systems (OSS) Loss and Completion Order Information Category 11 Facility Based Line Usage Information SAG/FAM Street Address/Facility Availability Information 12.Bills 12.CRIS Summary Bill - The CRIS Summary Bill represents a monthly summary of charges for most wholesale products sold by Qwest. This bill includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-account. Individual sub-accounts are provided as Billing detail and contain monthly, one-time charges and incremental/call detail information. The Summary Bill provides one bill and one payment document for CLEC. These bills are segmented by state and bill cycle. The number of bills received by CLEC is dictated by the product ordered and the Qwest region in which CLEC is operating. 12.lABS Bill - The lABS Bill represents a monthly summary of charges. This bill includes monthly and one-time charges plus a summary of any usage charges. These bills are segmented by product, LATA, Billing account number (BAN) and bill cycle. 12.Files and Reports 12.Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This file will be transmitted Monday through Friday, excluding Qwest holidays. This information is a file of unrated Qwest originated usage messages and rated CLEC originated usage messages. It is provided in A TIS standard Electronic Message Interface (EMI) format. This EMI format is outlined in the document SR-320; which can be obtained directly from A TIS. The Daily Usage Record File contains multi-state data for the Data Processing Center generating this information. Individual state identification information is contained with the message detail. Qwest will provide this data to CLEC with the same level of precision and accuracy it provides itself. This file will be provided for resale products. 12.The charge for this Daily Usage Record File is contained in Exhibit A of this Agreement. 12.Routing of in-region IntraLATA Collect, Calling Card , and Third Number Billed Messages - Qwest will distribute in-region IntraLATA collect calling card , and third number billed messages to CLEC and exchange with other CLECs operating in region in a manner consistent with existing inter-company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it will contain these records for these types of calls as well. 12.2.4 Loss Report provides CLEC with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 278 Section 12 Access to Operational Support Systems (OSS) that the End User Customer has changed CLECs or removed services from an existing account. This report also details the order number, service name and address , and date this change was made. Individual reports will be provided for resale , Unbundled Loop, and Interim Number Portability products. 12.Completion Report provides CLEC with a daily report. This report is used to advise CLEC that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports will be provided for resale and Unbundled Loop products. 12.Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange access usage information between Qwest and CLEC. Category 1101 series records are used to exchange detailed access usage information. 12.Intentionally Left Blank. 12.SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features Availability Matrix) files contain the following information: SAG provides Address and Serving Central Office Information. b) FAM provides USOCs and descriptions by state (POTS services only), and USOC availability by NPA-NXX with the exception of Centrex. InterLATAllntraLATA Carriers by NPA-NXX. These files are made available via a download process. They can be retrieved by FTP (File Transfer Protocol), NDM connectivity, or a Web browser. 12.Change Management. Qwest agrees to maintain a change management process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and practices to address Qwest's OSS , products and processes. The CMP shall include, but not be limited to, utilization of the following: (i) a forum for CLEC and Qwest to discuss CLEC andQwest change requests (CR), CMP notifications , systems release life cycles, and communications; (ii) provide a forum for CLECs and Qwest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) a mechanism to track and monitor CRs and CMP notifications; (iv) established intervals where appropriate in the process; (v) processes by which CLEC impacts that result from changes to Qwest's OSS , products or processes can be promptly and effectively resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the receipt, development and implementation of all CRs; (vii) sufficient dedicated Qwest processes to address and resolve in a timely manner CRs and other issues that come before the CMP body; (viii) processes for OSS Interface testing; (ix) information that is clearly organized and readily accessible to CLECs, including the availability of web-based tools; (x) documentation provided by Qwest that is effective in enabling CLECs to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among CLECs and Qwest and requires agreement by the CMP participants. Pursuant to the scope and procedures set forth in the CMP Document, Qwest will submit to CLECs through the CMP among other things , modifications to existing products and technical documentation available to CLECs , introduction of new products available to CLECs , discontinuance of products available to CLECs, modifications to pre-ordering, ordering/provisioning, maintenance/repair or billing July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 279 Section 12 Access to Operational Support Systems (OSS) processes , introduction of pre-ordering, ordering/provisioning, maintenance/repair or billing processes , discontinuance of pre-ordering, ordering/provisioning, maintenance/repair or billing processes , modifications to existing OSS interfaces , introduction of new OSS interfaces , and retirement of existing OSS interfaces. Qwest will maintain as part of CMP an escalation process so that CMP issues can be escalated to a Qwest representative authorized to make a final decision and a process for the timely resolution of disputes. The governing document for CMP, known as the "Change Management Process" Document is the subject of ongoing negotiations between Qwest and CLECs in the ongoing CMP. The CMP Document will continue to be changed through those discussions. The CMP Document reflects the commitments Qwest has made regarding maintaining its CMP and Qwest commits to implement agreements made in the CMP process as soon as practicable after they are made. The CMP Document will be subject to change through the CMP, as set forth in the CMP Document. Qwest will maintain the most current version of the CMP Document on its wholesale web site. 12.In the course of establishing operational ready system interfaces between Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define and implement system interface specifications that are supplemental to existing standards. CLEC and Qwest will submit such specifications to the appropriate standards committee and will work towards their acceptance as standards. 12.2.Release updates will be implemented pursuant to the CMP. 12.Intentionally Left Blank. 12.7 CLEC Responsibilities for Implementation of OSS Interfaces 12.Before CLEC implementation can begin CLEC must completely and accurately answer the New Customer Questionnaire as required in Section 3. 12.Once Qwest receives a complete and accurate New Customer Questionnaire, Qwest and CLEC will mutually agree upon time frames for implementation of connectivity between CLEC and the OSS interfaces. 12.8 Qwest Responsibilities for On-going Support for OSS Interfaces Qwest will support previous application-to-application releases for six (6) months after the next subsequent release has been deployed. 12. release. Qwest will provide written notice to CLEC of the need to migrate to a new 12.Qwest will provide an Implementation Coordinator to work with CLEC for business scenario re-certification, migration and data conversion strategy definition. 12.Re-certification is the process by which CLEC demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Qwest will provide the suite of tests for re-certification to CLEC with the issuance of the disclosure document. 12.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating its internal personnel. Qwest shall provide training necessary for CLEC to use Qwest's July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 280 Section 12 Access to Operational Support Systems (OSS) OSS interfaces and to understand Qwest's documentation, including Qwest's business rules. 12.9 CLECResponsibilities for On-going Support for OSS Interfaces 12.If using the GUI interface, CLEC will take reasonable efforts to train CLEC personnel on the GUI functions that CLEC will be using. 12.An application-to-application exchange protocol will be used to transport electronically-formatted content. CLEC must perform certification testing of exchange protocol prior to using the application-to-application interface. 12.Qwest will provide CLEC with access to a stable testing environment that mirrors production to certify that its OSS will be capable of interacting smoothly and efficiently with Qwest's OSS. Qwest has established the following test processes to assure the implementation of a solid interface between Qwest and CLEC: 12.Connectivity Testing CLEC and Qwest will conduct connectivity testing. This test will establish the ability of the trading partners to send and receive electronic messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if CLEC or Qwest has implemented environment changes when moving intoproduction. 12.2 Stand-Alone Testing Environment (SATE) regression testing: Qwest's stand-alone testing environment will take pre-order and order requests pass them to the stand-alone database, and return responses to CLEC during its development and implementation of application-to-application interface. Regression testing-SATE provides CLEC the opportunity to validate its technical development efforts built via Qwest documentation without the need to scheduletest times. This testing verifies CLEC'ability to send correctly formatted electronic transactions through the IMA system edits successfully for both new and existing releases. SATE uses test account data supplied by Qwest. Qwest will make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilities, including support of new products and services new interface features, and functionalities. All SATE pre-order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is optional. 12.3 SATE-progression testing: CLEC has the option of participating with Qwest in progression testing to provide CLEC with the opportunity to validate technical development efforts and to quantify processing results. Progression testing provides CLEC the opportunity to validate its technical development efforts built via Qwest documentation without the need to schedule test times. This testing verifies CLEC'ability to send correctly formatted electronic transactions through IMA system edits successfully for both new and existing releases. SATE uses test account data supplied by Qwest. Qwest will make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilities, including support of new products and services July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 281 Section 12 Access to Operational Support Systems (OSS) new interface features, and functionalities. All SATE pre-order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is required. 12.3.4 Controlled Production - Qwest and CLEC will perform controlled production. The controlled production process is designed to validate the ability of CLEC to transmit electronic data that completely meets the appropriate electronic transmission standards and complies with all Qwest business rules. Controlled production consists of the controlled submission of actual CLEC production requests to the Qwest production environment. Qwest treats these pre-order queries and orders as production pre-order and order transactions. Qwest and CLEC use controlled production results to determine operational readiness. Controlled production requires the use of valid account and orderdata. All certification orders are considered to be live orders and will provisioned. 12.If CLEC is using the application-to-application interface, Qwest shall provide CLEC with a pre-allotted amount of time to complete certification of its business scenarios. Qwest will allow CLEC a reasonably sufficient amount of time during the day and a reasonably sufficient number of days during the week to complete certification of its business scenarios consistent with CLEC' business plan. It is the sole responsibility of CLEC to schedule an appointment with Qwest for certification of its business scenarios. CLEC must make every effort to comply with the agreed upon dates and times scheduled for the certification of its business scenarios. If the certification of business scenarios is delayed due to CLEC , it is the sole responsibility of CLEC to schedule new appointments for certification of its business scenarios. Qwest will make reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule could result in certification being delayed. If a delay is due to Qwest, Qwest will honor CLEC's schedule through the use of alternative hours. 12.9.4 If CLEC is using the application-to-application interface , CLEC must work with Qwest to certify the business scenarios that CLEC will be using in order to ensure successful transaction processing. Qwest and CLEC shall mutually agree to the business scenarios for which CLEC requires certification. Certification will be granted for the specified release of the interface. If CLEC is certifying multiple products or services CLEC has the option of certifying those products or services serially or in parallel where Technically Feasible. 12.9.4.For a new software release or upgrade , Qwest will provide CLEC a stable testing environment that mirrors the production environment in order for CLEC to test the new release. For software releases and upgrades Qwest has implemented the testing processes set forth in Sections 12. 12.3 and 12.3.4. 12.New releases of the application-to-application interface may require re- certification of some or all business scenarios. A determination as to the need for re- certification will be made by the Qwest coordinator in conjunction with the release manager of each IMA release. Notice of the need for re-certification will be provided to CLEC as the new release is implemented. The suite of re-certification test scenarios will be provided to CLEC with the disclosure document. If CLEC is certifying multiple July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 282 Section 12 Access to Operational Support Systems (OSS) products or services , CLEC has the option of certifying those products or services serially or in parallel, where Technically Feasible. 12.CLEC will contact the Qwest Implementation Coordinator to initiate the migration process. CLEC may not need to certify to every new IMA application-to- application release, however, CLEC must complete the re-certification and migration to the new release within six (6) months of the deployment of the new release. CLEC will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. 12.The following rules apply to initial development and certification of IMA application-to-application interface versions and migration to subsequent application-to-application interface versions: 12.SATE regression or SATE progression interoperability testing must begin on the prior release before the next release is implemented. Otherwise, CLEC will be required to move its implementation plan to the next release. 12.New IMA application-to-application users must be certified and in production with at least one (1) product and one (1) order activity type on a prior release two (2) months after the implementation of the next release. Otherwise , CLEC will be required to move its implementation plan to the next release. 12.Any IMA application-to-application user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production, the products/order activities must have been tested in the SATE environment before two (2) months after the implementation of the next release. 12.CLEC will be expected to execute the re-certification test cases in the stand alone test environment. CLEC will provide Purchase Order Numbers (PONs) of the successful test cases to Qwest. 12.In addition to the testing set forth in other sections of Section 12., upon request by CLEC , Qwest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached , CLEC shall be entitled to employ, at its choice , the Dispute Resolution procedures of this Agreement or expedited resolution through request to the state Commission to resolve any differences. In such cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate identified business plans or operations needs , accounting for any other testing relevant to those plans or needs. As part of the resolution of such dispute, there shall be considered the issue of assigning responsibility for the costs of such testing. Absent a finding that the test scope and activities address issues of common interest to the CLEC community, the costs shall be assigned to CLEC requesting the test procedures. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 283 Section 12 Access to Operational Support Systems (OSS) 12.CLEC Support 12.10.Qwest shall provide documentation and assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide to CLEC in writing any internal business rules and other formatting information necessary to ensure that CLEC's requests and orders are processed efficiently. This assistance will include, but is not limited to , contacts to the CLEC account team, training, documentation , and CLEC Help Desk. Qwest will also supply CLEC with an escalation level contact list in the event issues are not resolved via contacts to the CLEC account team, training, documentation and CLEC Help Desk. 12.10.CLEC Help Desk 12.10.The CLEC Systems Help Desk will provide a single point of entry for CLEC to gain assistance in areas involving connectivity, system availability, and file outputs. The CLEC Systems Help Desk areas are further described below. 12.10.Connectivity covers trouble with CLEC's access to the Qwest system for hardware configuration requirements with relevance to application-to-application and GUI interfaces; software configuration requirements with relevance to application-to-application and GUI interfaces; modem configuration requirements , T1 configuration and dial-in string requirements firewall access configuration , web-services configuration , SecurlD configuration Profile Setup, and password verification. 12.10.System Availability covers system errors generated during an attempt by CLEC to place orders or open trouble reports through application-to-application and GUI interfaces. These system errors are limited to: Resale/POTS; UNE POTS; Design Services and Repair. 12.10.File Outputs covers CLEC's output files and reports produced from its usage and order activity. File outputs system errors are limited to: Daily Usage File; Loss / Completion File , lABS Bill , CRIS Summary Bill, Category 11 Report and SAG/FAM Reports. 12.10.Additional assistance to CLEC is available through various public web sites. These web sites provide electronic interface training information and user documentation and technical specifications and are located on Qwest's wholesale web site. Qwest will provide Interconnect Service Center Help Desks which will provide a single point of contact for CLEC to gain assistance in areas involving order submission and manual processes. 12.Compensation/Cost Recovery Recurring and nonrecurring OSS charges , as applicable , will be billed at rates set forth in Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose any recurring or nonrecurring OSS charges unless and until the Commission authorizes Qwest to July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 284 Section 12 Access to Operational Support Systems (OSS) impose such charges and/or approves applicable rates at the completion of appropriate cost docket proceedings. 12.Maintenance and Repair 12.1 Service levels 12.Qwest will provide repair and maintenance for all services covered by this Agreement in substantially the same time and manner as that which Qwest provides for itself, its End User Customers , its Affiliates, or any other party. Qwest shall provide CLEC repair status information in substantially the same time and manner as Qwest provides for its retail services. 12.During the term of this Agreement, Qwest will provide necessary maintenance business process support to allow CLEC to provide similar service quality to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other party. 12.Qwest will perform repair service that is substantially the same in timeliness and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party. Trouble calls from CLEC shall receive response time priority that is substantially the same as that provided to Qwest, its End User Customers its Affiliates, or any other party and shall be handled in a nondiscriminatory manner. 12.2 Branding 12.Qwest shall use unbranded Maintenance and Repair forms while interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC provided and branded Maintenance and Repair forms. Qwest may not unreasonably interfere with branding by CLEC. 12.Except as specifically permitted by CLEC , in no event shall Qwest provide information to CLEC subscribers about CLEC or CLEC product or services. 12.This section shall confer on Qwest no rights to the service marks trademarks and trade names owned by or used in connection with services offered by CLEC or its Affiliates , except as expressly permitted by CLEC. 12.Service Interruptions 12.The characteristics and methods of operation of any circuits, facilities or equipment of either Party connected with the services, facilities or equipment of the other Party pursuant to this Agreement shall not: 1) interfere with or impair service over any facilities of the other Party, its affiliated companies, or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Party, its affiliated companies , or its connecting concurring Carriers involved in its services; 3) violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Party s facilities; or 4) create hazards to the employees of either Party or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 285 Section 12 Access to Operational Support Systems (OSS) 12.If it is confirmed that either Party is causing an Impairment of Service , as set forth in this Section, the Party whose network or service is being impaired (the Impaired Party ) shall promptly notify the Party causing the Impairment of Service (the Impairing Party ) of the nature and location of the problem. The Impaired Party shall advise the Impairing Party that , unless promptly rectified , a temporary discontinuance of the use of any circuit, facility or equipment may be required. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the affected circuit facility or equipment. 12.To facilitate trouble reporting and to coordinate the repair of the service provided by each Party to the other under this Agreement, each Party shall designate a repair center for such service. 12.3.4 Each Party shall furnish a trouble reporting telephone number for the designated repair center. This number shall give access to the location where records are normally located and where current status reports on any trouble reports are readily available. If necessary, alternative out-of-hours procedures shall be established to ensure access to a location that is staffed and has the authority to initiate corrective action. 12.Before either Party reports a trouble condition , it shall use its best efforts to isolate the trouble to the other s facilities. 12.In cases where a trouble condition affects a significant portion of the other s service , the Parties shall assign the same priority provided to CLEC as itself, its End User Customers , its Affiliates , or any other party. 12.The Parties shall cooperate in isolating trouble conditions. 12.Trouble Isolation 12.3.4.CLEC is responsible for its own End User Customer base and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. CLEC will perform trouble isolation on services it provides to its End User Customers to the extent the capability to perform such trouble isolation is available to CLEC , prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the Demarcation Point, NID , or Point of Interface. Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwest's network. Qwest and CLEC will report trouble isolation test results to the other. Each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4. 12.3.4.When CLEC requests that Qwest perform trouble isolation with CLEC , a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is found to be on CLEC's side or on the End User Customer s side of the Demarcation Point. If the trouble is on the End User Customer s side of the Demarcation Point, CLEC is required to perform its own maintenance. 12.3.4.Before submitting a repair request to Qwest, CLEC will isolate trouble to July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 286 Section 12 Access to Operational Support Systems (aSS) the Qwest network and must submit test results indicating the location of the trouble when submitting the repair request. If a trouble ticket with test results is accepted by Qwest, and Qwest determines that the trouble is on the CLEC or the End User Customer side of the Loop Demarcation Point, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to perform trouble isolation and Qwest performs tests at CLEC request, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is not in Qwest's facilities , including Qwest's facilities leased by CLEC. When trouble is found on Qwest's side of the Demarcation Point, or Point of Interface, during the investigation of the initial or repeat trouble report for the same line or circuit within thirty (30) Days Maintenance of Service Miscellaneous Charges or Trouble Isolation Charges shall not apply. 12.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under Section 6 of this Agreement, Qwest will not perform any maintenance of inside wire (premises wiring beyond the End User Customer s Demarcation Point) for CLEC or its End User Customers. 12.6 Testing/Test Requests/Coordinated Testing/UNEs 12.Where CLEC does not have the ability to diagnose and isolate trouble on a Qwest line , circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User Customer, Qwest will conduct testing, to the extent testing capabilities are available to Qwest, to diagnose and isolate a trouble in substantially the same time and manner that Qwest provides for itself, its End User Customers , its Affiliates, or any other party. 12.Prior to Qwest conducting a test on a line, circuit, or service provided in this Agreement that CLEC is utilizing to serve an End User Customer, Qwest must receive a trouble report from CLEC. 12.On manually reported trouble for non-designed services , Qwest will provide readily available test results to CLEC or test results to CLEC in accordance with any applicable Commission rule for providing test results to End User Customers or CLECs. On manually reported trouble for designed services provided in this Agreement Qwest will provide CLEC test results upon request. For electronically reported trouble Qwest will provide CLEC with the ability to obtain basic test results in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other party. 12.6.4 CLEC shall isolate the trouble condition to Qwest's portion of the line circuit, or service provided in this Agreement before Qwest accepts a trouble report for that line , circuit or service. Once Qwest accepts the trouble report from CLEC , Qwest shall process the trouble report in substantially the same time and manner as Qwest does for itself, its End User Customers , its Affiliates, or any other party. 12.Qwest shall test to ensure electrical continuity of all UNEs , including Central Office Demarcation Point, and services it provides to CLEC prior to closing a trouble report. July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 287 Section 12 Access to Operational Support Systems (OSS) 12.7 Work Center Interfaces 12.Qwest and CLEC shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. 12.8 Misdirected Repair Calls 12.CLEC and Qwest will employ the following procedures for handling misdirected repair calls: 12.CLEC and Qwest will provide their respective End User Customers with the correct telephone numbers to call for access to their respective repair bureaus. 12.End User Customers of CLEC shall be instructed to report all cases of trouble to CLEC. End User Customers of Qwest shall be instructed to report all cases of trouble to Qwest. 12.To the extent the correct provider can be determined misdirected repair calls will be referred to the proper provider of Basic Exchange Telecommunications Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwest's End User Customers who call the other Party seeking such information. 12.1.4 CLEC and Qwest will provide their respective repair contact numbers to one another on a reciprocal basis. 12.In responding to repair calls , CLEC's End User Customers contacting Qwest in error will be instructed to contact CLEC; and Qwest's End User Customers contacting CLEC in error will be instructed to contact Qwest. 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. 12.9 Major Outages/Restoral/Notification 12.Qwest will notify CLEC of major network outages in substantially the same time and manner as it provides itself, its End User Customers, its Affiliates, or any other party. This notification will be via e-mail to CLEC's identified contact. With the minor exception of certain Proprietary Information such as Customer information , Qwest will utilize the same thresholds and processes for external notification as it does for internal purposes. This major outage information will be sent via e-mail on the same schedule as is provided internally within Qwest. The email notification schedule shall consist of initial report of abnormal condition and estimated restoration time/date abnormal condition updates, and final disposition. Service restoration will be non- discriminatory, and will be accomplished as quickly as possible according to Qwest July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 288 Section 12 Access to Operational Support Systems (OSS) and/or industry standards. 12.Qwest will meet with associated personnel from CLEC to share contact information and review Qwest's outage restoral processes and notification processes. 12.Qwest's emergency restoration process operates on a 7X24 basis. 12.Protective Maintenance 12.10.Qwest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party. 12.10.Qwest will work cooperatively with CLEC to develop industry-wide processes to provide as much notice as possible to CLEC of pending maintenance activity. Qwest shall provide notice of potentially CLEC Customer impacting maintenance activity, to the extent Qwest can determine such impact , and negotiate mutually agreeable dates with CLEC in substantially the same time and manner as it does for itself, its End User Customers, its Affiliates, or any other party. 12.10.Qwest shall advise CLEC of non-scheduled maintenance , testing, monitoring, and surveillance activity to be performed by Qwest on any services including, to the extent Qwest can determine , any hardware, equipment, software, or system providing service functionality which may potentially impact CLEC and/or CLEC End User Customers. Qwest shall provide the maximum advance notice of such non- scheduled maintenance and testing activity possible , under the circumstances; provided however, that Qwest shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise CLEC promptly of any such actions it takes. 12.Hours of Coverage 12.11.Qwest's repair operation is seven (7) Days a week, twenty-four (24) hours a day. Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available, Qwest's repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. 12.Escalations 12.12.Qwest will provide trouble escalation procedures to CLEC. Such procedures will be substantially the same type and quality as Qwest employs for itself its End User Customers, its Affiliates , or any other party. Qwest escalations are manual processes. 12.12.Qwest repair escalations may be initiated by either calling the trouble reporting center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty supervisor, manager, director, vice president. The first escalation point is the tester. CLEC may request escalation to higher tiers in its sole discretion. Escalations status is available through telephone and the electronic interfaces. Electronic escalation is not available for non-designed products. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 289 Section 12 Access to Operational Support Systems (OSS) 12.12.Qwest shall handle chronic troubles on non-designed services, which are those greater than three (3) troubles in a rolling thirty (30) Day period , pursuant to Section 12. 12.Dispatch 12.13.Qwest will provide maintenance dispatch personnel in substantially the same time and manner as it provides for itself, its End User Customers, its Affiliates , or any other party. 12.13.Upon the acceptance of a complete and accurate trouble report from CLEC , Qwest will follow internal processes and industry standards, to resolve the repair condition. Qwest will dispatch repair personnel on occasion to repair the condition. It will be Qwest's decision whether or not to send a technician out on a dispatch. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necessary to dispatch to resolve trouble; should CLEC require a dispatch when Qwest believes the dispatch is not necessary, appropriate Miscellaneous Charges for dispatch will be billed by Qwest to CLEC if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by CLEC facilities or equipment. 12.13.For POTS lines and designed service circuits , Qwest is responsible for all Maintenance and Repair of the line or circuit and will make the determination to dispatch to locations other than the CLEC Customer premises without prior CLEC authorization. For dispatch to the CLEC Customer premises Qwest shall obtain prior CLEC authorization with the exception of major outage restoration , cable rearrangements, and MTE terminal maintenance/replacement. 12.Trouble Reporting 12.14.CLEC may submit trouble reports through the Electronic Bonding or GUI interfaces provided by Qwest. Trouble tickets created electronically in CEMR may be viewed at any time after creation. 12.14.Manually reported trouble tickets may be accessed by CLEC through electronic interfaces when the ticket has been closed. CLEC will only be able to view the history on the account. 12.Intervals/Parity 12.15.Similar trouble conditions , whether reported on behalf of Qwest End User Customers or on behalf of CLEC End User Customers, will receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its End User Customers , its Affiliates , or any other party. 12.Jeopardy Management 12.16.Qwest will notify CLEC , in substantially the same time and manner Qwest provides this information to itself, its End User Customers, its Affiliates , or any other party, that a trouble report commitment (appointment or interval) has been or is July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 290 Section 12 Access to Operational Support Systems (OSS) likely to be missed. At CLEC option, notification may be sent by email or fax through the electronic interface. CLEC may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC or Qwest endangers completing provisioning and/or installation processes and impacts meeting the schedule due date of CLEC's service request. When CLEC's service request is in jeopardy, Qwest notifies CLEC via a status update, email , jeopardy notification telephone call, and/or FOC (Firm Order Confirmation). The purpose of the jeopardy notification is to identify jeopardy conditions to CLEC that impact meeting the scheduled due date of CLEC's service requests. 12.Trouble Screening 12.17.CLEC shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capability to test all or portions of the Qwest network service or facility rest with Qwest, Qwest will perform test isolation and test the service and facility on behalf of CLEC. 12.17.Intentionally Left Blank. 12.Maintenance Standards 12.18.Qwest will cooperate with CLEC to meet the maintenance standards outlined in this Agreement. 12.18.On manually reported trouble, Qwest will inform CLEC of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers , its Affiliates , or any other party. On electronically reported trouble reports the electronic system will automatically update status information , including trouble completion, across the joint electronic gateway as the status changes. 12.End User Customer Interface Responsibilities 12.19.CLEC will be responsible for all interactions with its End User Customers including service call handling and notifying its End User Customers of trouble status and resolution. 12.19.All Qwest employees who perform repair service for CLEC End User Customers will be trained in non-discriminatory behavior. 12.19.Qwest will recognize the designated CLEC/DLEC as the Customer of Record for all services ordered by CLEC/DLEC and will send all notices, invoices and pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Qwest's single and sole point of contact for all CLEC/DLEC End User Customers. 12.Repair Call Handling 12.20.Manually-reported repair calls by CLEC to Qwest will be answered with the same quality and speed as Qwest answers calls from its own End User Customers. July 12 , 2007/lhd/Utility T elephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 291 Section 12 Access to Operational Support Systems (OSS) 12.Single Point of Contact 12.21.Qwest will provide a single point of contact for CLEC to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to CLEC for each category of trouble situation being encountered. 12.Network Information 12.22.Qwest maintains an information database , available to CLEC for the purpose of allowing CLEC to obtain information about Qwest's NPAs, LATAs, Access Tandem Switches and Central Offices. 12.22.This database is known as the ICONN database, available to CLEC via Qwest's web site. 12.22. database. CPNI Information and NXX activity reports are also included in this 12.22.4 ICONN data is updated in substantially the same time and manner as Qwest updates the same data for itself, its End User Customers , its Affiliates , or any other party. 12.Maintenance Windows 12.23.Generally, Qwest performs major Switch maintenance activities off-hours during certain "maintenance windows Major Switch maintenance activities include Switch conversions , Switch generic upgrades and Switch equipment additions. 12.23.Generally, the maintenance window is between 10:00 p.m. through 6:00 m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a. Mountain Time. Although Qwest normally does major Switch maintenance during the above maintenance window , there will be occasions where this will not be possible. Qwest will provide notification of any and all maintenance activities that may impact CLEC ordering practices such as embargoes , moratoriums , and quiet periods in substantially the same time and manner as Qwest provides this information to itself, its End User Customers , its Affiliates , or any other party. 12.23.Intentionally Left Blank. 12.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN database, available to CLEC via Qwest's web site. 12.Switch and Frame Conversion Service Order Practices 12.24.Switch Conversions. Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software or hardware upgrades , the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. 12.24.Frame Conversions. Frame conversions are generally the removal and July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 292 Section 12 Access to Operational Support Systems (OSS) replacement of one or more frames, upon which the Switch Ports terminate. 12.24.Conversion Date. The "Conversion Date" is a Switch or frame conversion planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the day after the planned Conversion Date. 12.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the time period that the Switch or frame Trunk Side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the End User Customer or CLEC services. During the embargo period, Qwest will reject orders for Trunk Side facilities (see Section 12.24.4.1) other than conversion orders described in Section 12.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions trunk or trunk facility related service orders for itself, its End User Customers its Affiliates, or any other party during embargoes, Qwest shall provide CLEC the same capabilities. 12.24.4.ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by CLEC with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by CLEC or Qwest, its End User Customers , its Affiliates or any other party during the embargo period regardless of the order s Due Date except for conversion ASRs described in Section 12.24.4. 12.24.4.For Switch and Trunk Side frame conversions, Qwest shall provide CLEC with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 12.24.4.For Switch and Trunk Side frame conversions, CLEC shall issue facility conversion ASRs to Qwest no later than thirty (30) Days before the Conversion Date for Ii ke-for-li ke, where CLEC mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS). 12.24.Frame Embargo Period. During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where CLEC mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed , and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers , Affiliates , or any other party. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 293 Section 12 Access to Operational Support Systems (OSS) 12.24.Switch Embargo Period. During Switch conversions , service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics to the new Switch , new facility ASRs shall be placed , and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for Switch conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers , Affiliates , or any other party. 12.24.Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame conversion quiet periods are the time period within which LSRs may not contain Due Dates, with the exception of LSRs that result in disconnect orders, including those related to LNP orders, record orders, Billing change orders for non-switched products and emergency orders. 12.24.LSRs of any kind issued during Switch or frame conversion quiet periods create the potential for loss of End User Customer service due to manual operational processes caused by the Switch or frame conversion. LSRs of any kind issued during the Switch or frame conversion quiet periods will be handled as set forth below, with the understanding that Qwest shall use its best efforts to avoid the loss of End User Customer service. Such best efforts shall be substantially the same time and manner as Qwest uses for itself, its End User Customers, its Affiliates, or any other party. 12.24.The quiet period for Switch conversions, where no LSRs except those requesting order activity described in 12.24.7 are processed for the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 12.24.The quiet period for frame conversions, where no LSRs except those requesting order activity described in 12.24.7 are processed or the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion. 12.24.7.4 LSRs, except those requesting order activity described in 12.24., (i) must be issued with a Due Date prior to or after the conversion quiet period and (ii) may not be issued during the quiet period. LSRs that do not meet these requirements will be rejected by Qwest. 12.24.LSRs requesting disconnect activity issued during the quiet period , regardless of requested Due Date, will be processed after the quiet period expires. 12.24.CLEC may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 294 Section 12 Access to Operational Support Systems (OSS) be handled as emergency orders by Qwest. 12.24.CLEC may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 12.24.In the event that CLEC End User Customer service is disconnected in error, Qwest will restore service in substantially the same time and manner as Qwest does for itself, its End User Customers , its Affiliates, or any other party. Restoration of CLEC End User Customer service will be handled through the LNP escalations process. 12.24.Switch Upgrades. Generic Switch software and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods described above. such generic Switch or software upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Qwest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Qwest does for itself, its End User Customers , its Affiliates, and any other party. 12.24.Switch Line and Trunk Hardware Additions. Qwest shall use its best efforts to minimize CLEC service order impacts due to hardware additions and modifications to Qwest's existing Switches. Qwest shall provide CLEC substantially the same service order processing capabilities as Qwest provides itself, its End User Customers, Affiliates, or any other party during such Switch hardware additions. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 295 Section 13 Access to Telephone Numbers Section 13.0 - ACCESS TO TELEPHONE NUMBERS 13.Nothing in this Agreement shall be construed in any manner to limit or otherwise adversely impact either Party s right to request an assignment of any NANP number resources including, but not limited to , Central Office (NXX) Codes pursuant to the Central Office Code Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407- 008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration Guidelines INC 99-0127-023 , when these Guidelines are implemented by the FCC Commission Order. The latest version of the Guidelines will be considered the current standard. 13.North American Numbering Plan Administration (NANPA) has transitioned to NeuStar. Both Parties agree to comply with industry guidelines and Commission rules including those sections requiring the accurate reporting of data to the NANPA. 13.It shall be the responsibility of each Party to program and update its own Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party shall impose any fees or charges on the other Party for such activities. The Parties will cooperate to establish procedures to ensure the timely activation of NXX assignments in their respective networks.13.4 Each Party is responsible for administering numbering resources assigned to it. Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is responsible for updating the LERG data for NXX codes assigned to its End Office Switches. Each Party shall use the LERG published by Telcordia or its successor for obtaining routing information and shall provide through an authorized LERG input agent, all required information regarding its network for maintaining the LERG in a timely manner. 13.Each Party shall be responsible for notifying its End User Customers of any changes in numbering or dialing arrangements to include changes such as the introduction of new NPAs. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 296 Section 14 Local Dialing Parity Section 14.0 - LOCAL DIALING PARITY 14.The Parties shall provide local Dialing Parity to each other as required under Section 251 (b)(3) of the Act. Qwest will provide local Dialing Parity to competing providers of Telephone Exchange Service and telephone toll service, and will permit all such providers to have non-discriminatory access to telephone numbers, operator services , Directory Assistance and Directory Listings , with no unreasonable dialing delays. CLEC may elect to route all of its End User Customers' calls in the same manner as Qwest routes its End User Customers' calls for a given call type (e., 0 , 0+411). July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 297 Section 15 Qwest's Official Directory Publisher Section 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER 15.Qwest and CLEC agree that certain issues outside the provision of basic white page Directory Listings, such as yellow pages advertising, yellow pages Listings, directory coverage access to call guide pages (phone service pages), applicable Listings criteria , white page enhancements and publication schedules will be the subject of negotiations between CLEC and directory publishers, including Qwest's Official Directory Publisher. Qwest acknowledges that CLEC may request Qwest to facilitate discussions between CLEC and Qwest's Official Directory Publisher. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 298 Section 16 Referral Announcement Section 16.0 - REFERRAL ANNOUNCEMENT 16.When an End User Customer changes from Qwest to CLEC, or from CLEC to Qwest , and does not retain its original main/listed telephone number, the Party formerly providing service to the End User Customer will provide a transfer of service announcement on the abandoned telephone number. Each Party will provide this referral service consistent with its tariff. This announcement will provide details on the new number that must be dialed to reach the End User Customer. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 299 Section 17 Bona Fide Request Process Section 17.0 - BONA FIDE REQUEST PROCESS 17.Any request for Interconnection or access to an Unbundled Network Element or ancillary service that is not already available as described in other sections of this Agreement including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR). Qwest shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of new/different points of Interconnection. Qwest will administer the BFR Process in a non- discriminatory manner. 17.A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs. CLEC and Qwest may work together to prepare the BFR form and either Party may request that such coordination be handled on an expedited basis. This form shall be accompanied by the processing fee specified in Exhibit A of this Agreement. Qwest will refund one-half (1/2) of the processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR form. The form will request , and CLEC will need to provide , the following information , and may also provide any additional information that may be reasonably necessary in describing and analyzing CLEC's request: 17.technical description of each requested Network Element or new/different points of Interconnection or ancillary services; 17.the desired interface specification; 17.each requested type of Interconnection or access; 17.2.4 a statement that the Interconnection or Network Element or ancillary service will be used to provide a Telecommunications Service; 17.the quantity requested; and 17.the specific location requested. 17.Within two (2) business days of its receipt , Qwest shall acknowledge receipt of the BFR and in such acknowledgment advise CLEC of missing information , if any, necessary to process the BFR. Thereafter, Qwest shall promptly advise CLEC of the need for any additional information required to complete the analysis of the BFR. If requested , either orally or in writing, Qwest will provide weekly updates on the status of the BFR.17.4 Within twenty-one (21) Days of its receipt of the BFR and all information necessary to process it, Qwest shall provide to CLEC an analysis of the BFR. The analysis shall specify Qwest's conclusions as to whether or not the requested Interconnection or access to an Unbundled Network Element complies with the unbundling requirements of the Act or state law. 17.If Qwest determines during the twenty-one (21) Day period that a BFR does not qualify as an Unbundled Network Element or Interconnection or ancillary service that is required to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21) Day period, provide a written report setting forth the basis for its conclusion. 17.If Qwest determines during such twenty-one (21) Day period that the BFR July 12 , 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 300 Section 17 Bona Fide Request Process qualifies under the Act or state law, it shall notify CLEC in writing of such determination within ten (10) Days, but in no case later than the end of such twenty-one (21) Day period. 17.As soon as feasible , but in any case within forty-five (45) Days after Qwest notifies CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR quotation. The BFR quotation will include , at a minimum, a description of each Interconnection, Network Element, and ancillary service , the quantity to be provided , any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection , Unbundled Network Element or ancillary service and any minimum volume and term commitments required, and the timeframes the request will be provisioned. 17.CLEC has sixty (60) business days upon receipt of the BFR quotation , to either agree to purchase under the quoted price , or cancel its BFR. 17.If CLEC has agreed to minimum volume and term commitments under the preceding paragraph , CLEC may cancel the BFR or volume and term commitment at any time but may be subject to termination liability assessment or minimum period charges. 17.10 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination or quoted price or cost, it may invoke the Dispute Resolution provision of this Agreement. 17.11 All time intervals within which a response is required from one Party to another under this Section are maximum time intervals. Each Party agrees that it will provide all responses to the other Party as soon as the Party has the information and analysis required to respond, even if the time interval stated herein for a response is not over. 17.12 In the event CLEC has submitted a request for Interconnection, Unbundled Network Elements or any combinations thereof, or ancillary services and Qwest determines in accordance with the provisions of this Section 17 that the request is Technically Feasible subsequent requests or orders for substantially similar types of Interconnection , Unbundled Network Elements or combinations thereof or ancillary services by CLEC shall not be subject to the BFR process. To the extent Qwest has deployed or denied a substantially similar Interconnection, Unbundled Network Elements or combinations thereof or ancillary services under a previous BFR, a subsequent BFR shall not be required and the BFR application fee shall be refunded immediately. Qwest may only require CLEC to complete a New Product Questionnaire before ordering such Interconnection, Unbundled Network Elements or combinations thereof, or ancillary services. 1GB pricing and intervals will still apply for requests that are not yet standard offerings. For purposes of this Section 17., a "substantially similar request shall be one with substantially similar characteristics to a previous request with respect to the information provided pursuant to Subsections 17.1 through 17.8 of Section 17. above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a previous BFR. 17.13 The total cost charged to CLEC shall not exceed the BFR quoted price. 17.14 Upon request, Qwest shall provide CLEC with Qwest's supporting cost data and/or studies for the Interconnection, Unbundled Network Element or ancillary service that CLEC wishes to order within seven (7) business days , except where Qwest cannot obtain a release from its vendors within seven (7) business days , in which case Qwest will make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Qwest under the non-disclosure sections of this Agreement. July 12, 2007/1hd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 301 Section 17 Bona Fide Request Process 17.15 Qwest will provide notice to CLECs of all BFRs which have been deployed or denied, provided , however, that identifying information such as the name of the requesting CLEC and the location of the request shall be removed. Qwest shall make available a topical list of the BFRs that it has received from CLECs. The description of each item on that list shall be sufficient to allow CLEC to understand the general nature of the product, service , or combination thereof that has been requested and a summary of the disposition of the request as soon as it is made. Qwest shall also be required upon the request of CLEC to provide sufficient details about the terms and conditions of any granted requests to allow CLEC to take the same offering under substantially identical circumstances. Qwest shall not be required to provide information about the request initially made by CLEC whose BFR was granted, but must make available the same kinds of information about what it offered in response to the BFR as it does for other products or services available under this Agreement. CLEC shall be entitled to the same offering terms and conditions made under any granted BFR, provided that Qwest may require the use of 1GB pricing where it makes a demonstration to CLEC of the need therefore. July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 302 Section 18 Audit Process Section 18.0 - AUDIT PROCESS 18.Nothing in this Section 18 shall limit or expand the Audit provisions in the Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit provisions in this Section 18. For purposes of this section the following definitions shall apply: 18.1 "Audit" shall mean the comprehensive review of the books, records, and other documents used in the Billing process for services performed , including, without limitation , reciprocal compensation and facilities provided under this Agreement. 18.2 "Examination" shall mean an inquiry into a specific element or process related to the above. Commencing on the Effective Date of this Agreement, either Party may perform Examinations as either Party deems necessary. 18.This Audit shall take place under the following conditions: 18.Either Party may request to perform an Audit or Examination. 18.The Audit or Examination shall occur upon thirty (30) business days written notice by the requesting Party to the non-requesting Party. 18.The Audit or Examination shall occur during normal business hours. However, such Audit will be conducted in a commercially reasonable manner and both Parties will work to minimize disruption to the business operations of the Party being audited. 18.2.4 There shall be no more than two (2) Audits requested by each Party under this Agreement in any twelve (12) month period. Either Party may audit the other Party s books, records and documents more frequently than twice in any twelve (12) month period (but no more than once in each quarter) if the immediately preceding audit found previously uncorrected net variances, inaccuracies or errors in invoices in the audited Party s favor with an aggregate value of at least two percent (2%) of the amounts payable for the affected services during the period covered by the Audit. 18.The requesting Party may review the non-requesting Party s records books and documents , as may reasonably contain information relevant to the operation of this Agreement. 18.The location of the Audit or Examination shall be the location where the requested records , books and documents are retained in the normal course of business. 18.All transactions under this Agreement which are over twenty-four (24) months old will be considered accepted and no longer subject to Audit. The Parties agree to retain records of all transactions under this Agreement for at least twenty-four (24) months. 18.Audit or Examination Expenses 18.Each Party shall bear its own expenses in connection with conduct of the Audit or Examination. The requesting Party will pay for the reasonable cost of special data extractions required by the Party to conduct the July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template , Version 3., April 30, 2007 303 Section 18 Audit Process Audit or Examination. For purposes of this section , a "Special Data Extraction means the creation of an output record or informational report (from existing data files) that is not created in the normal course of business. If any program is developed to the requesting Party s specification and at that Party s expense, the requesting Party will specify at the time of request whether the program is to be retained by the other Party for reuse for any subsequent Audit or Examination. 18.Notwithstanding the foregoing, the non-requesting Party shall pay all of the requesting Party s commercially reasonable expenses in the event an Audit or Examination identifies a difference between the amount billed and the amount determined by the Audit that exceeds five percent (5%) of the amount billed and results in a refund and/or reduction in the Billing to the requesting Party. 18.The Party requesting the Audit may request that an Audit be conducted by a mutually agreed-to independent auditor, which agreement will not be unreasonably withheld or delayed by the non-requesting Party. Under this circumstance, the costs of the independent auditor shall be paid for by the Party requesting the Audit subject to Section 18. 18.10 In the event that the non-requesting Party requests that the Audit be performed by an independent auditor, the Parties shall mutually agree to the selection of the independent auditor. Under this circumstance , the costs of the independent auditor shall be shared equally by the Parties. The portion of this expense borne by the requesting Party shall be borne by the non-requesting Party if the terms of Section 18.2 are satisfied. 18.11 Adjustments, credits or payments will be made and any corrective action must commence within thirty (30) Days after the Parties' receipt of the final Audit report to compensate for any errors and omissions which are disclosed by such Audit or Examination and are agreed to by the Parties. The interest rate payable shall be in accordance with Commission requirements. In the event that any of the following circumstances occur within thirty (30) business days after completion of the Audit or Examination , they may be resolved at either Party s election , pursuant to the Dispute Resolution Process; (i) errors detected by the Audit or Examination have not been corrected; (ii) adjustments, credits or payments due as a result of the Audit or Examination have not been made , or (iii) a dispute has arisen concerning the Audit or Examination. 18.12 Neither the right to examine and Audit nor the right to receive an adjustment will be affected by any statement to the contrary appearing on checks or otherwise. 18.13 This Section will survive expiration or termination of this Agreement for a period of two (2) years after expiration or termination of the Agreement. 18.All information received or reviewed by the requesting Party or the independent auditor in connection with the Audit is to be considered Proprietary Information as defined by this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non- employee who is involved directly or indirectly in any Audit or the resolution of its findings as described above to execute a nondisclosure agreement satisfactory to the non-requesting Party. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 304 Section 18 Audit Process To the extent an Audit involves access to information of other competitors, CLEC and Qwest will aggregate such competitors' data before release to the other Party, to insure the protection of the proprietary nature of information of other competitors. To the extent a competitor is an Affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to examine such Affiliate s disaggregated data , as required by reasonable needs of the Audit. Information provided in an Audit or Examination may only be reviewed by individuals with a need to know such information for purposes of this Section 18 and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information be shared with the Parties' retail marketing, sales or strategic planning. 18.Either Party may request an Audit of the other s compliance with this Agreement's measures and requirements applicable to limitations on the distribution maintenance, and use of proprietary or other protected information that the requesting Party has provided to the other. Those Audits shall not take place more frequently than once in every three (3) years , unless cause is shown to support a specifically requested Audit that would otherwise violate this frequency restriction. Examinations will not be permitted in connection with investigating or testing such compliance. All those other provisions of this Section 18 that are not inconsistent herewith shall apply, except that in the case of these Audits , the Party to be audited may also request the use of an independent auditor. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 305 Section 19 Construction Charges Section 19.0 - CONSTRUCTION CHARGES 19.All rates , charges and initial service periods specified in this Agreement contemplate the provision of network Interconnection services and access to Unbundled Loops or ancillary services to the extent existing facilities are available. Except for modifications to existing facilities necessary to accommodate Interconnection and access to Unbundled Loops or ancillary services specifically provided for in this Agreement, Qwest will consider requests to build additional or further facilities for network Interconnection and access to Unbundled Loops or ancillary services , as described in the applicable section of this Agreement. 19.All necessary construction will be undertaken at the discretion of Qwest consistent with budgetary responsibilities, consideration for the impact on the general body of End User Customers and without discrimination among the various Carriers. 19.A quotation for CLEC's portion of a specific job will be provided to CLEC. The quotation will be in writing and will be binding for ninety (90) business days after the issue date. When accepted , CLEC will be billed the quoted price and construction will commence after receipt of payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves the right to bill CLEC for the expense incurred for producing the engineered job design.19.4 In the event a construction charge is applicable , CLEC's service Application Date will become the date upon which Qwest receives the required payment. July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 306 Section 20 Service Performance Section 20.0 - SERVICE PERFORMANCE 20.Performance Indicator Definitions (PIDs), in their current form are included in Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission shall be incorporated into Exhibit B as soon as they are effective either by operation of law or Commission order, whichever occurs first and without further Amendment to this Agreement. 20.The Qwest Performance Assurance Plan (QPAP) is attached as Exhibit K of this Agreement. Subsequent changes to the QPAP submitted to the Commission will be incorporated into Exhibit K as soon as they are effective by operation of law or the effective date as approved by Commission order, whichever is applicable , and without further Amendment to this Agreement. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 307 Section 21 Network Standards Section 21.0 - NETWORK STANDARDS 21.The Parties recognize that Qwest services and Network Elements have been purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification of standards is built into the Qwest purchasing process , whereby vendors incorporate such standards into the equipment Qwest purchases. Qwest supplements generally held industry standards with Qwest Technical Publications. 21.The Parties recognize that equipment vendors may manufacture Telecommunications equipment that does not fully incorporate and may differ from industry standards at varying points in time (due to standards development processes and consensus) and either Party may have such equipment in place within its network. Except where otherwise explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided said equipment does not pose a security, service or safety hazard to Persons or property. 21.Generally accepted and developed industry standards which the Parties agree to support include, but are not limited to: 21.Switching GR-1428-CORE Common Channel Signaling Network Interface Specification (CCSNIS) Supporting Toll Free Service GR-1432-CORE CCSNIS Supporting TCAP GR-317-CORE Call Control Using Integrated Services Network Digital User Part (ISDNUP) GR-905-CORE CCSNIS Supporting Network Interconnection , Message Transfer Part (MTP), and ISUP GR-1357-CORE Switched Fractional DS1 TR-TSY-000540 Tandem Supplement GR-305-CORE GR-1429-CORE CCSNIS Supporting Call Management Services FR-64 LATA Switching System Generic Requirement (LSSGR) GR-334-CORE Switched Access Service TR-NWT-000335 Voice Grade Special Access Services TR- TSY -000529 Public Safety LSSGR TR-NWT -000505 LSSGR Call Processing FR-NWT-000271 OSSGR TR-NWT-001156 OSSGR Operator Subsystem July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30 , 2007 308 Section 21 Network Standards SR-TSY-001171 Methods and Procedures for System Reliability Analysis 21.Transport FR-440 Transport System Generic Requirements (TSGR) TR-NWT-000499 (TSGR) Transport Systems Generic Requirements GR-820-CORE Generic Transmission Surveillance; DS1 and DS3 Performance GR-253-CORE Synchronous Optical Network Systems (SONET) Transport Systems: Common Generic Criteria TR-NWT-000507 LSSGR: Transmission TR-NWT-000776 NID for ISDN Subscriber Access GR-342-CORE High Capacity Digital Special Access Service ST-TEC-000051 & 52 Telecommunications Handbooks Volumes 1 & 2 Transmission Engineering ANSI T1.102-1993 Digital Hierarchy- Electrical Interface, Annex B 21.Loops TR-NWT-000057 Functional Criteria for Digital Loop Carrier (IDLC) Systems TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines GR-253-CORE SONET Transport Systems: Common Generic Criteria TR-TSY-000673 Operations Interface for an IDLC System GR-303-CORE Integrated Digital Loop Carrier System Generic Requirements TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier System and a Local Digital Switch T A- TSY -000120 Subscriber Premises or Network Ground Wire GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface Devices (NID) TR-NWT-000937 Generic Requirements for Building Entrance Terminals TR-NWT-000133 Generic Requirements for Network Inside Wiring ANSI T1.417, Spectrum Management for Loop Transmission Systems July 12, 2007/1hd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 309 Section 21 Network Standards 21.Local Number Portability Number Portability Generic Switching and Signaling Requirements for Number Portability, Issue 1., February 12 , 1996 (Editor - Lucent Technologies, Inc. Generic Requirements for SCP Application and GTT Function for Number Portability, Issue 0., Final Draft, September 4, 1996 (Editor - Ameritech Inc. Generic Operator Services Switching Requirements for Number Portability, Issue , Final Draft, April 12, 1996 (Editor - Nortel); ATIS , TRQ No., Technical Requirements for Number Portability Operator Services Switching Systems , April 1999; ATIS , TRQ No., Technical Requirements for Number Portability Switching Systems , April 1999; ATIS, TRQ No., Technical Requirements for Number Portability Database and Global Title Translation , April 1999; FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC 96-286; CC Docket 95-116 , RM 8535; Released July 2 1996; FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC Docket 95-116 , RM 8535; Released March 11 , 1997. FCC Second Report and Order, FCC 97-298; CC Docket 95-116 , RM 8535; Released August 18 , 1997.21.4 The Parties will cooperate in the development of national standards for Interconnection elements as the competitive environment evolves. Recognizing that there are no current national standards for Interconnection Network Elements , Qwest has developed its own standards for some Network Elements. Details of these standards are documented in the Qwest Technical Publications. Qwest Technical Publications have been developed to support service offerings, inform End User Customers and suppliers, and promote engineering consistency and deployment of developing technologies. Qwest provides all of its Technical Publications at no charge via web site: http://www.qwest.com/techpub/. July 12, 2007/lhd/Utility Telephone/iD Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 310 Section 22 Signature Page Section 22.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and other good and valuable consideration, the Parties agree to abide by the terms and conditions set forth in this Interconnection Agreement. Utility Telephone, Inc. ture --:JqS/D~ M f! Is; Name PrintedlTyped~~J~ Title 't; ~ 10 Qwest ~~atio ~ - Signature L.T. Christensen Name PrintedlTyped Date Director -Interconnection Aareements Title ~1 Iv? Date July 12, 2007/lhd/Utility Telephone/ID Agreement Number CDS-070712-0002 Qwest Fourteen State Negotiations Template, Version 3., April 30, 2007 311 Utility Telephone Exhibit A Idaho Select the appropriate type of EAS / Local Traffic contract below. For cost docket Reciprocal Compensation changes, leave blank:Election New FCC ISP Ordered Notes Wholesale Wholesale Discount Discount Percentage Percentage Recurring Nonrecurring Resale Charges CharGes Wholesale Discount Rates Southern Idaho Basic Exchanae Residential Line Service 18.25%18.25% Basic Exchanae Business Line Service 18.25%18.25% IntraLATA Toll 18.25%18.25% 1.4 PackaGe / Soecial Services (e., Centrex, Discounted Line/Feature Packages, ISDN 18.25%18.25% Listinos, CO Features & Information Services 18.25%18.25% Private Line 18.25%18.25% Ooerator Services / Directorv Assistance (OS/DA)18.25%18.25% Volume PackaGed Services - Hiah Volume Customers 65%65% Public Access Line (PAl) Service 00%00% 1.2 Northern Idaho Basic Exchanae Residentiai Line Service 19.37%19.37% Basic Exchanae Business Line Service / PBX 19.37%19.37% IntraLATA Toll 19.37%19.37% 2.4 PackaGe / Soeclal Services (e., Centrex, Discounted Line/Feature Packages, ISDN 19.37%19.37% Listinos, CO Features & Information Services 19.37%19.37% Private Line 19.37%19.37% Ooerator Services / Directorv Assistance (OS/DA)19.37%19.37% Volume PackaGed Services - Hlah Volume Customers 87%87% Public Access Line (PAl) Service 00%00% Customer Transfer Charge (CTC) CTC for POTS Service Manual I First Line $16. I Each Additional Line $2. Mechanized IFlrstLine $0. I Each Additional Line $0. 2.2 CTC for Private Line Transport Services First Circuit $3884 Additional Circuit, per Circuit, same CSR $33. CTC for Advanced Communications Services, Der Circuit $46. 0 Interconnection Entrance Facilities Intentionallv Left Blank 1.2 DS1 $103.$208. DS3 $524.42 $277.73 2 LIS EICT IPerDS1 $0.$0. 2.2 IPer DS3 $0.$0. Direct Trunked Transport Intentionally Left Blank DS1 (Recurrina Fixed & Der Mile) Over 0 to 8 Miles $37.$1. Over 8 to 25 Miles $37.$1. Over 25 to 50 Miles $37.$1. 2.4 Over 50 Miles $37.$1. DS3 (Recurrina Fixed & per Mile) Over 0 to 8 Miles $257.$19.48 Over 8 to 25 Miles $260.49 $24. Over 25 to 50 Miles $260.$26.43 3.4 Over 50 Miles $259.$26. 4lMultiplexing 17.4.IDS1 to DSO $263.$193. 17.4.IDS3 to DS1 $304.22 $193. Trunk Nonrecurring Charges Iintentionaliv Left Blank IDs1 Interface 17.First Trunk $229.40 Effective 4-30-2007 (coma)Page10f12 Utility Telephone Exhibit A Idaho \;1 Each Additional Trunk DS3 Interface I First Trunk $235. lEach Additional Trunk $11. Exchange Service (EAS/Local) Traffic End Office Call Termination, per Minute of Use $0.001343 ### Tandem Switched Transport, per Minute of Use $0.000690 Tandem Transmission. oer Minute of Use IRecurring Fixed & per Mile) Over 0 to 8 Miles $0.0004564 $0.0000367 Over 8 to 25 Miles $0.0004564 $0.0000367 Over 25 to 50 Miles $0.0004564 $0.0000367 3.4 Over 50 Miles $0.000426 $0.0000144 7lLocal Traffic - FCC -ISP Rate Caps 17.IMinute Of Use as of June 14, 2003, rate in effect until further FCC action $0.0007 Miscellaneous Charges Owest' Idaho Access Service Exoedite CharGe IllS Trunks)CataloG Owest' Idaho Access Service Cancellation Charae (LIS Trunks)CataloG Owest' Idaho Access Service Additional Testina (LIS Trunks)CataloG Transit Traffic Local Transit, oer Minute of Use $0.0045 132 Intra LATA Transit Tall, per Minute of Use $0.0045 132 Intentionallv Left Blank 9.4 Cateaorv 11 Mechanized Record CharQe, per Record 9.4.IMechanized Transit Records $0.0025 132 9.4.I Mechanized Access Records $0.0025 132 101lntentionally Left Blank Owest's Idaho Owest's Idaho Access Access Service Service Intra LATA Toll Traffic Catalog Catalog olColiocation All Collocation PlanninG and Enaineerina Intentionallv Left Blank 1.2 Cable Auament Quote Preparation Fee 284. 1.2 Entrance Facilitv Standard Shared, per Fiber $5.44 $616. Cross Connect, per Fiber $5.$722. Exoress, oer Cable $88.009. Cable SplicinG Fiber, oer Set-$399. Per Fiber Spliced $37. 1.4 Power 1.4.Power Plant 1.4.I Less Than 60 Amps, per Amp Ordered $10. 1.4.Eaual To or Greater Than 60 Amps, per Amp Ordered $8.42 1.4.Power UsaGe 1.4.Less Than or Eoual To 60 Amps, per Amp Ordered $2.47 1.4.Greater Than 60 Amps, per Amp Ordered or Used $4. AC Power Feed AC Power Feed, per Amp, per Month 120 V $16. 208 V, SinQie Phase $27. 208 V, Three Phase $48.25 1.4 240 V, Sinole Phase $32. 240 V, Three Phase $55. 480 V, Three Phase $111. Effective 4-30-2007 (coma)Page20f12 Utility Telephone Exhibit A idaho ;:.;.;::;;::.:' AC Power Feed, per Foot, per Month 20 Amp, SinGle Phase $0.0084 $7.43 20 Amp, Three Phase $0.0105 $9. 30 Amp, SinGle Phase $0.0091 $8. 5.2.4 30 Amp, Three Phase $0.0125 $11. 40 Amp, SinGle Phase $0.0107 $9.43 5.2.40 Amp, Three Phase $0.0147 $12. 50 Amp, SinGle Phase $0.0127 $11. 50 Amp, Three Phase $0.0177 $15. 60 Amp, Singie Phase $0.0144 $12. 60 Amp, Three Phase $0.0204 $17. 100 Amp, Single Phase $0.0178 $15. 100 Amp, Three Phase $0.0277 $24.44 Inspector Labor, per Half Hour 1.6.IRegular Hours Rate $28. IAfter Hours Rate, minimum 3 Hours $37. Channel Reaeneration IDS1 $0.$0. 7.2 IDS3 $0.$0. Collocation Terminations Shared Access DSO Cable Placement, per 100 Pair Biock $0.2262 $208. Cable Placement, per Termination $0.0090 $4. Cable, per 100 Pair Block $0.3304 $304. 1.4 Cable, per Termination $0.0066 $4. Blocks, per 100 Pair Block $0.5730 $528.42 Blocks, per Termination $0.0115 $8. Biock Placement, per 100 Pair Block $0.2381 $219. Block Placement, per Termination $0.0048 $3. DS1 Cable Placement, per 28 DS1s $0.4111 $362. Cable Placement, per Termination $0.0442 $38. Cable, per 28 DS1s $0.3993 $351. 2.4 Cable, per Termination $0.0429 $37. Panel per28DS1s $0.2742 $241. Panel, per Termination $0.0330 $29. Panel Placement, per 28 DS1s $0.0847 $74. Panel Placement, per Termination $0.0091 $8. DS3 Cable Placement, per Termination $0.1521 $134. Cable, per Termination $0.2578 $227. Panel/Connector, per Termination $0.2625 $231. 3.4 Panel! Connector Placement, per Termination $0.0204 $18. 1.4 Fiber 1.4.Terminations, per 12 Fibers $26.513. 1.4.Additional Connector, if Applicabie $0.47 $411. 1.4.3 Cable Rackina, Shared , per 12 Fibers $26.47 1.4.4 Cable Rackina, Dedicated $1.$1,433. Security Charges IPer Employee, per Card $0. ICard Access, per Emplovee, per Central Office $7. Composite Clock / Central Office Synchronization 10.ISynchronization - Composite Clock, per Port $7.44 Intentionally Left Blank Space Availability Report CharGe $313. Charge will be 25% of Nonrecurring Collocation Space Reservation Fee Fee Collocation Space Option Administration Fee 107. Collocation Space Option Fee, per Square Foot $2. Joint Inventory Visit Fee, per Visit 610. Intentionallv Left Blank Intentionally Left Blank Intentionally Left Blank Splitter Collocation 20.TIE Cable Reclassification ICB 20.Splitter Shelf Charge $4.$503. 20.Enaineerina 079. 1.20.4 Splitter TIE Cable Connections 20.4.Splitter in the Common Area - Data to 410 Block $3.689. 20.4.Splitter in the Common Area - Data Direct to CLEC $3.850. 20.4.Splitter on the IDF - Data to 410 Block $0.$834. 20.4.4 Splitter on the IDF - Data Direct to CLEC $1.84 623.47 20.4.Splitter on the MDF - Data to 410 Block $0.$861. 1.20.4.Splitter on the MDF - Data Direct to CLEC $2.922.42 Effective 4-30-2007 (coma)Page 3 of 12 Utility Telephone Exhibit A Idaho (fl2;; Virtual Collocation PlanninG and Enqineerinq IQuote PreDaratiDn Fee 146,41 7 B 2.2 Maintenance Labor, per Half HDur 8.2.IReDular HDurs Rate $29. IAfter HDurs Rate $39. 8.2.Traininq Labor, Der Half Hour IReDular Hours Rate $29. 2,4 Bay Space 2,4.EouiDment Bav, per Shelf $4. 8.2,4.2 Virtual Space Construction , Initial Bay Provided $20.$17 749. 2,4.Each Additional Bav SDace $3.854. 2,4,4 Virtual Cable Rackinq, per Shelf $0,44 $384. Enqineerinq Labor, per Half Hour 8.2.IReoular Hours Rate $32. 5.2 IAfter Hours Rate $43. 8.2.Installation Labar, Der Half Hour Reqular Hours Rate $31.77 After Hours Rate $41. Rent Floor Space Lease, Der Souare Foot $2. 8.2.7.2 Rent, Der Shelf $4. Intentionally Left Blank 8.2.48 Volt DC Power Cable, Der Cable 20 Amp Power Feed $4.985,4 1 30 Amp Power Feed $5.537. 8.2.40 AmD Power Feed $6.$5,480,42 9,4 60 Amp Power Feed $11.706. 100 AmD Power Feed $18.$16 370. 200 Amp Power Feed $34.$30,473. 8.2.300 Amp Power Feed $54.$47 917. 8.2.400 Amp Power Feed $77.$68 037. Cageless Physical Collocation Plan nino and Enoineerinq 1.1 IQuote Preparation Fee 146,41 7 B 3.2 SDace Construction and Site Preparation Site Preparation Fee ICB 2 Bavs $23.$20 603,40 Intentionally Left Blank 2,4 Intentionally Left Blank SDace Construction for Each Additional Bay $3.854. Adiustment for SinGle Bay - Chance to Standard Desiqn ($3.($2 854. 48 Volt DC Power Cable, per Feed 20 Amp Power Feed $4.985,4 1 30 Amp Power Feed $5.537. 40 Amp Power Feed $6.480,42 7,4 60 Amp Power Feed $11.706. 100 Amp Power Feed $18.$16 37051 3.2.200 Amp Power Feed $34.$30 473. 300 Amp Power Feed $54.$47 917. 400 Amp Power Feed $77.$68 037. Floor Space Lease, per Square Foot $2. 8,4 Caged Physical Collocation 8,4.PlanninG and Enqineerinq 8,4.Quale PreDaration Fee 185.7 B 8,4.Space Construction and Site Preparation 8,4.Site PreDaration Fee ICB 8,4.IntentionallY Left Blank 8,4.IntentionallY Left Blank 8,4.2,4 SDace Construction 8,4.2,4.CaGe: UP to 100 Sq. Ft.$38.$33 927. 8,4.2,4.CaGe: 101 to 200 SD. Ft.$34.$30 113. 8,4.2.4.3 CaGe: 201 to 300 Sq. Ft.$42.$37 154. 8,4.2,4,4 CaGe: 301 to 400 So. Ft.$44.$38 922. 8,4.IntentionallY Left Blank 8,4.48 Volt DC Power Cable, Der Feed 8,4.20 AmD Power Feed $5.954. 8,4.6.2 30 Amp Power Feed $6.$5,457. 8,4.40 AmD Power Feed $7,41 526. 8,4.2.6,4 60 Amp Power Feed $12.$10 772. 8,4.100 AmD Power Feed $19.$17 531. 8,4.200 Amp Power Feed $37.$32 634. 8,4.2.300 AmD Power Feed $58.$51 315. Effectiye 4-30-2007 (coma)Page40f12 Utility Telephone Exhibit A Idaho 8.4.Soace Construction - Fencino Credit 8.4.Cape: UP to 100 So. Ft.$10.723. 8.4.Cape: 101 to 200 So. Ft.$12.135. 8.4.Cape: 201 to 300 So. Ft.$14.47 015. 8.4.3.4 Caoe: 301 to 400 So. Ft.$16.851. 8.4.4 Floor Space Lease, per Square Foot $2. 8.4.IntentionallY Left Blank 8.4.Intentionallv Left Blank 8.4.Intentionally Left Blank 8.4.Groundino 8.4.2/0 AWG, per Foot $0.0097 $8. 8.4.1/0 AWG, per Foot $0.0170 $14. 8.4.4/0 AWG, per Foot $0.0200 $17. 8.4.8.4 350 kcmil, per Foot $0.0258 $22. 8.4.500 kcmil, per Fopt $0.0299 $26. 8.4.750 kcmil, per Foot $0.0456 $40. 5lAdjacent Collocation and Adjacent Remote Collocation ICB Remote Collocation 8.6.Physical & Virtual Remote Collocation 1.1 Space, per Standard Mountino Unit $0.$665.47 FDI Terminations, per 25 Pair $0.$484. Power Usaoe (see rates in 8.1.4. Less Than or Eoual To 60 Amps, per Amp Ordered $2.47 I Greater Than 60 Amps, per Amp Ordered or Used $4. 1.4 Quote Preparation Fee 064. 8.6.2 Intentionally Left Blank Additional Virtual Remote Terminal Features Flat Charoe, per Job $36. Enoineerino, per Half Hour $35. Maintenance, per Half Hour $29.40 3.4 Installation, per Half Hour $29.40 3.5 Trainino, per Half Hour $29.40 CLEC-to-CLEC Desion Enoineerino & Installation - No Cables IFiber Flat Charoe 22981 IFlat Charoe $634. Cable Rackino DSO, per Foot, per Cable $0.11848 7.2.DS1 , per Foot, per Cable $0.13075 DS3, per Foot, per Cable $0.10234 2.4 Fiber, per Foot, per Fiber $0.93313 Virtual Connections (if Applicable - Connections OnlY; No Cables) DSO, per 100 Connections $194. DS1, per 28 Connections $91. DS3, per 1 Connection $5. 3.4 Fiber Connections, per Fiber Spliced (see rates from 8.$37. 7.4 Cable Hole, if Applicable $386. CLEC-to-CLEC Cross-Connection $201. Interconnection Distribution Frame (ICDF) Collocation Quote Preparation Fee (see rate in 8.1.2)284. DSO Circuit, per 200 Leos $17.171. DS1 Circuit, per Two Leqs $0.$71. 8.4 DS3 Circuit, per Two Leos $8.182. 8.5 Fiber Circuit, per Two Leos $2.$236. QPF Prorated Job Collocation Cancellation Costs Additional Labot Other, per Half Hour or fraction thereof (see rates in 9.20) Additional Labor - Basic $27.70 Additional Labor - Overtime $36. Additional Labor - Premium $46. Additional Disoatch, per Request (see rate in 9.20)$87. Under 10 Microwave Entrance Facility Develooment 11 Intentionally Left Blank 12 Facility Connected (Fe) Collocation 12.Quote Preparation Fee, per Reouest ICB 12.Enoineerino Fee, per Job ICB Effective 4-30-2007 (coma)Page50f12 Utility Telephone Exhibit A Idaho 12.Copper Entrance Facility, per 100 Pair ICB ICB 12.4 Fiber Entrance Facilitv, per 12 Strands (see rates in 8.$5.44 $616. 12.Termination Block with Gas Protectors, per 100 Pairs ICB ICB 12.Termination Panel, per 12 Strands ICB ICB 12.DS1 Voltage Isolation, per DS1 ICB ICB DC Power Reduction and Restoration 13.Power Reduction 13.Quote Preparation Fee, per Office $703. 13.Power Reduction, with or without Reservation, per Feed Set 13.ILess Than 60 Amos $494.45 13.IEqual To 60 Amps $706. 13.I Greater Than 60 Amps $895. 13.1.3 Power Off, per Feed Set, per Secondary Feed $621. 13.1.4 Power Maintenance Charge (Reservation Charge), per Fuse Set $64. 13.Location Chance from Power Board to BDFB ICB 13.Power Restoration 13.Quote Preparation Fee, per Office $703. 13.2.2 Power Restoration, applies to Primary & Secondary Feed 13.2.Power Restoration with Reservation 13.2.I Less Than 60 Amps $494.45 13.1.2 IEaual To 60 Amps $706. 13.2.2.I Greater Than 60 Amps $895. 13.2.Power Restoration without Reservation ICB 13.Location Change from Power Board to BDFB ICB Collocation Transfer of Respansibility 14.Intentionallv Left Blank 14.Assessment Fee, per Request 036. 8.14.Network System Administration Fee, per Reauest 586. 14.4 Transfer of Responsibilitv applies to Wireline & Wireless Local Interconnection Trunks, UDIT $32. 14.Transfer of Responsibility applies to Unbundled Loop, Subloop, Loop Splitting, Loop Mux Combo $32. Collocation Available Inventory 15.Standard Sites 15.Removal of Terminations 15.DSO, per 100 Terminations ICB 15.DS1 , per Termination ICB 15.DS3, per Termination ICB 15.1.4 OCN , per 12 Fibers ICB 15.Special Sites 15.ISpecial Site Assessment Fee 051. 15.I Network Svstems Assessment Fee 652. 15.ISite Survev Fee $163. 15.Re-usable Elements ICB 15.4 Quote Preparation Fee (QPF) 15.4.ICageless(see rate fin 8.1) 146.41 15.4.2 ICaqed(seeratein8.4.185. Collocation Decommissioning (see rates in 9.20) 16.Additional Labor Other - Basic $27. 16.Additional Labor Other - Overtime $36. 16.Additional Labor Other - Premium $46.29 16.4 Additional Disoatch, per Order $87. 17IJoint Testing 18.171 ISet-Up Fee (see rate in 8.1 with a one hour minimum)$58. 18.17.ITest Time Fee, per Half Hour (see rate in 8.$29. 0lUnbundled Network Elements (UNEs) Interconnection Tie Pairs (ITP) - Per Termination IDSO $0. 1.2 DS1 $1. 1.3 DS3 $14. Unbundled Loops 9.2.Analoa Loa s See 9.2.4 1.1 Wire Voice Grade Loop 1.1 IZone 1 $15. IZone 2 $23. 9.2.IZone 3 $40. 1.2 Intentionally Left Blank 1.3 Wire Voice Grade Loop IZone 1 $30. IZone 2 $46. IZone 3 $79.47 Effective 4-30-2007 (coma)Page 6 of 12 Utility Telephone Exhibit A Idaho Nonloaded Loops See 9.2.4 Wire Nonloaded Loop IZone 1 $15. 2.2.IZone 2 $23. IZone 3 $40. Intentionally Left Blank Wire Nonloaded Loop IZone 1 $30. IZone 2 $46. IZone 3 $79.47 2.4 Loop UnloadinQ $9. Loop Conditionino $22. Dioital Capable Loops Basic Rate ISDN xDSL-1 Capable See 9.2.4 9.2.IZone 1 $15. IZone 2 $23. IZone 3 $40. Intentionally Left Blank DS1 Capable Loop See 9. Zone 1 $86.48 9.2.IZone 2 $86.46 IZone 3 $99. 3.4 DS3 Capable Loop See 9. 9.2.3.4.IZone 1 $941. 3.4.IZone 2 $955. 3.4.IZone 3 264. Intentionallv Left Blank Wire Extension Technoioqv $22. Loop Installation Charges for 2 & 4-Wire Analog Nonloaded, ISDN BRI Capable and xDSL - I See 9.1 & 2.4 Capable Loops where conditioninQ is not required. 2.4.Basic Installation 2.4.I First $11. 2.4.I Each Additional $6. 2.4.Basic Installation with Performance Testino 2.4.IFirst $17. 2.4.I Each Additional $8. 2.4.Coordinated Installation with Cooperative Testinq Project Coordinated Installation 2.4.I First $171. 2.4.lEach Additional $94. 2.4.4 Coordinated Installation without Cooperative TestinQ Project Coordinated Installation 2.4.4.I First $59. 2.4.4.I Each Additional $53. 2.4.Basic Installation with Cooperative Testinq 2.4.IFirst $142. 2.4.I Each Additional $94. DS1 Loop Installation CharQes See 9. Basic Installation IFirst $128. lEach Additional $99. Basic Installation with Performance Testinq IFirst $279. lEach Additional $212. Coordinated Installation with Cooperative TestinQ Project Coordinated Installation IFirst $316. 3.2 lEach Additional $222.40 5.4 Coordinated installation without Cooperative Testinq Project Coordinated Installation 5.4.IFirst $135. 5.4.I Each Additional $106. Basic Installation with Cooperative Testinq IFirst $272.24 I Each Additional $195. DS3 Loop Installation Charoes See 9.3.4 Basic Installation 9.2.6..1.I First $128. I Each Additional $99. 9.2.Basic Installation with Performance Testinq 9.2.IFirst $279. I Each Additional $212. Coordinated Installation with Cooperative Testinq Project Coordinated Installation IFirst $316. lEach Additional $222.40 6.4 Coordinated Installation without Cooperative TestinQ Proiect Coordinated Installation 6.4.IFirst $135. 6.4.I Each Additional $106. Basic Installation with Cooperative Testinq I First $272. I Each Additional $195. Effective 4-30-2007 (coma)Page7of12 Utility Telephone Exhibit A Idaho Private Line Special Access to Unbundled Loop Conversion (as is)$34. Subloop Wire Analoq and Nonloaded Distribution Loop First $107. Each Additional $29. First & Each Additional 2-Wire Distribution Loop IZone 1 $11. IZone 2 $16. IZone 3 $27. Intentionally Left Blank Intra-Buildin Cable Loop, per Pair $0. No Dispatch, First $51. No Dispatch, Each Additional $21. Dispatch, First $98. 3.4 Dispatch, Each Additional $31. 3.4 Intentionally Left Blank MTE Terminai Subloop Access ISubloop MTE - POI Site InventorY, per Request $110.46 I MTE - POI Rearranqement of Facilities ICB IMTE - POI Construction of New SPOI ICB Intentionally Left Blank Field Connection Point (FCP) Feasibility Fee Quote Preparation Fee 197. FCP Set-Up, per Request 291. FCP Splicing, per 25 Pairs $13. 7.4 FCP Reclassification $463. Shared Services 9.4.Intentionally Left Biank 9.4.Intentionally Left Blank 9.4.Loop Splitting 9.4.Basic Installation Charge for Loop Splitting $33. 9.4.4 OSS, per Line, per Month $3. 5 Network Interface Device (NID)$0.$52.A 10 Unbundled Dedicated Interoffice Transport (UDIT) DSO UDIT Recurrinq Fixed & per Mile)$241. Over 0 to 8 Miles $24.$0. Over 8 to 25 Miles $24.$0. Over 25 to 50 Miles $24.$0. 1.4 Over 50 Miles $24.$0. DS1 UDIT Recurrinq Fixed & per Mile)$284. Over 0 to 8 Miles $36.43 $3. Over 8 to 25 Miles $37.$3. Over 25 to 50 Miles $39.$1. 2.4 Over 50 Miles $37.77 $0. DS3 UDIT Recurrinq Fixed & per Mile)$284. Over 0 to 8 Miles $238.$54. 3.2 Over 8 to 25 Miles $242.$16. Over 25 to 50 Miles $223.$21. 3.4 Over 50 Miles $235.$14. 6.4 Intentionally Left Blank Intentionally Left Blank Intentionaily Left Blank UDIT DSO Channel Performance IDSO UDIT Low Side Channelization $13. IntentionallY Left Blank Intentionally Left Blank Intentionally Left Blank UDIT Rearrangement 11.DSO, Single Office $164.40 11.DSO, Dual Office $206. 11.Hiqh Capacity, Single Office $221. 11.4 Hiqh Capacity, Dual Office $249. Private Line Special Access to UDiT Conversion (as is)$131. Unbundled Dark Fiber (UDF) Initial Records InquirY (IRI) Simple $196.Q2 Complex $251.07 9.7.2 Field Verification and Quote Preparation (FVQP)$907. Enqineerinq Verification $297.Q3 7.4 UDF - Single Strand 7.4.IUDF - Interoffice Facility (UDF-IOF) - Single Strand Effective 4-30-2007 (coma)Page 8 of 12 Utility Telephone Exhibit A Idaho 7.4.Order Charqe, per First Strand Route Order $492.60 7.4.Order Charae, Each Additional Strand Route Order $255. 7.4.Fiber Transport, per Strand Mile $50. 7.4.1.4 Termination, Fixed, per Strand Office Termination $4. 7.4.Fiber Crass-Connect (Minimum of 2 Crass-Connects apply), per $2.$19. UDF - per Pair UDF - Interoffice Facilitv IUDF-IOF) - per Pair Order Charqe, per First Pair Route Order $492. Order Charae, Each Additional Pair Route Order $255. Fiber Transport, per Pair Mile $66. 1.4 Termination, Fixed, per Pair Office Termination $7. Fiber Cross-Connect (Minimum of 2 Cross-Connects apply), per Pair $4.43 $19. Dark Fiber Splice $602. UDF MTE Subloop ICB ICB 81 Intentionally Left Blank 91 Intentionally Left Blank 101lntentionally Left Blank 11 I Intentionally Left Blank 121lntentionally Left Blank 131lntentionally Left Blank 141 Intentionally Left Blank 151lntentionally Left Blank 161lntentionally Left Blank 171lntentionally Left Blank 18 Intentionally Left Blank Construction Charges 19.CLEC Reouested UNE Construction ICRUNEC) - aoolies to Unbundled Dark Fiber, Unbundled 19.IRecords Quote Preparation Fee $347.46 19.IConstruction Quote Preparation Fee $863.43 19.Construction of Network Caoacitv, Facilities or Space for Access to or use of UNEs ICB ICB Miscellaneous Charges 20.Additional Enqineerinq, per Half Hour or fraction thereof 20.IAdditional Enoineerinq - Basic $31. 20.IAdditional Enoineerino - Overtime $39. 20.Additional Labor Installation, per Half Hour or fraction thereof 20.IAdditional Labor Installation - Overtime $9. 20.IAdditionai Labor Installation - Premium $18. 20.Additional Labor Other, per Half Hour or fraction thereof 20.IAdditional Labor Other - IOptional Testing) Basic $27. 20.IAdditional Labor Other - (Optional Testinq) Overtime $36. 20.IAdditional Labor Other - (Optional Testino) Premium $46. 20.4 Testinq and Maintenance, per Half Hour or fraction thereof 20.4.ITestinq and Maintenance - Basic $29.40 20.4.ITestino and Maintenance - Overtime $38. 20.4.ITestinq and Maintenance - Premium $49. 20.Intentionallv Left Blank 20.Additional Cooperative Acceptance Testinq, per Half Hour or fraction thereof 20.IAdditional Coooerative Acceotance Testinq - Basic $29.40 20.6.2 IAdditional Coooerative Acceptance Testinq - Overtime $39. 20.IAdditional Cooperative Acceotance Testinq - Premium $49.16 20.Nonscheduled Coooerative Testino, oer Half Hour or fraction thereof 20.INonscheduled Cooperative Testinq - Basic $29.40 20.INonscheduled Coooerative Testino - Overtime $39. 20.INonscheduled Cooperative Testinq - Premium $49. 20.Nonscheduled Manual Testino, oer Half Hour or fraction thereof 20.INonscheduled Manual Testinq - Basic $29.40 20.INonscheduled Manual Testino - Overtime $39. 20.INonscheduled Manual Testino - Premium $49. 20.Intentionally Left Blank 20.Intentionallv Left Blank 20.Additional Dispatch, per Order $87. 20.Intentionallv Left Blank 20.Desiqn Chanqe, per Order $73. 20.Expedite Charoe, per Day Advanced (see rates in Qwest s Tariff FCC No.1 Section 5)$200. Effective 4-30-2007 (coma)Page 9 of 12 Utility Telephone Exhibit A Idaho 20.15 Cancellation CharQe ICB 20.Maintenance of Service, Der Half Hour or fraction thereof 20.16.IMaintenance of Service - Basic $28. 20.16.2 I Maintenance of Service - Overtime $36. 20.16.3 I Maintenance of Service - Premium $46. 20.Intentionally Left Blank 21lChannel Regeneration 19.21.los1 $0.$0. 19.21.los3 $0.$0. 22l1ntentionally Left Blank UNE Combinations 23.Intentionally Left Blank 23.Enhanced Extended LOOD (EEl) 23.EEL LoOD. OSO 2-Wire Analoo 23.EEL 2-Wire LOOD Installation 23.IFirst $245. 23.lEach Additional $182. 9.23.Wire Analoa LOOD (see rates in 9. 23.1.2.Zone 1 $15. 23.Zone 2 $23. 23.Zone 3 $40. 23.EEL LOOD, OSO 4-Wire Analoa 23.EEL 4-Wire LOOD Installation 23.First $245. 23.Each Additional $182. 23.2.Wire Analoa Looo (see rates in 9. 23.IZone 1 $30. 23.IZone 2 $46. 23.IZone 3 $79.47 23.EEL LOOD, OS1 23.EEL DS1 LOOD Installation 23.I First $300.49 23.I Each Additional $225. 23.DS1 Caoable Loon (see rates in 9. 9.23.3.2.IZone 1 $86.48 23.IZone 2 $86.46 23.IZone 3 $99. 23.2.4 EEL LOOD, DS3 23.2.4.EEL OS3 Looo installation 23.2.4.IFirst $323. 23.2.4.lEach Additional $248. 23.2.4.2 OS3 Capable Loon (see rates in 9.3.4) 23.2.4.IZone 1 $941. 23.2.4.IZone 2 $955. 23.2.4.IZone 3 264. 23.Private Line / SDeciai Access to EEL Conversion (as is)$34. 23.EEL Rearranqement 23.loso $130. 23.Hiah Capacity $148. 23.EEL Transport 23.OSO (Recurrina Fixed & per Mile) (see rates in 9. 23.Over 0 to 8 Miles $24.$0. 23.Over 8 to 25 Miles $24.$0. 23.Over 25 to 50 Miles $24.$0. 23.1.4 Over 50 Miles $24.$0. 23.OS1 (Recurrina Fixed & Der Mile) (see rates in 9. 23.Over 0 to 8 Miles $36.43 $3. 23.Over 8 to 25 Miles $37.$3. 23.Over 25 to 50 Miies $39.$1. 23.2.4 Over 50 Miles $37.$0. 23.OS3 !RecurrinD Fixed & oer Mile) (see rates in 9. 23.Over 0 to 8 Miles $238.$54. 23.2.Over 8 to 25 Miles $242.$16. 23.Over 25 to 50 Miles $223.$21. 9.23.3.4 Over 50 Miles $235.$14. 23.EEL Multiplexinq 23.los1 to OSO $263.$246. 23.IOS3 to DS1 $304.$246. 23.EEL OSO Channel Performance 23.loso Low Side Channelization $13. 23.I OS 1 / OSO Low Side Channelization $7.47 24l1ntentionally Left Blank Effective 4-30-2007 (coma)Page100f12 Utility Telephone Exhibit A Idaho 25.Looo Mux, 2-Wire Analoq 25.LMC 2-Wire Installation 25.I First $225. 25.lEach Additional $148. 25.Wire Analoo Looo (see rates inm 9. 25.IZone 1 $15. 25.IZone 2 $23. 25.IZone 3 $40. 25.Loop Mux, 4-Wire Analoo 9.25.LMC 4-Wire Installation 25.2.1.1 IFlrst $225. 25.I Each Additional $148. 25.Wire Analoq Loop (see rates fin 9. 25.2.2.IZone 1 $30. 25.2.2.IZone 2 $46. 9.25.IZone 3 $79.47 25.Looo Mux, DS1 25.LMC DS1 Loop Installation 25.I First $285. 25.lEach Additional $209. 9.25.DS1 Capable Loop (see rates in 9. 9.25.IZone 1 $86.48 25.IZone 2 $86.46 25.3.2.IZone 3 $99. 25.4 Private Line / Special Access to LMC Conversion (as Is)$34. 25.DSO ChanneL Performance 25.DSO Low Side Channelization 13. 9.25.DS1 / DSO Low Side Channelization $7.47 25.LMC Rearranqement 25.DSO $130. 25.6.2 Hiqh Capacitv $148. 10.0 Ancillary Services 10.Local Number Portability See FCC See FCC Tariff #1 Tariff #1 Section 13 &Section 13 & 10.LNP Queries 10.LNP Manaqed Cuts 10.IStandard Manaqed Cuts, per Person, per Half Hour $26. 10.10vertime Manaqed Cuts, per Person, per Half Hour $34. 10.I Premium Manaqed Cuts, per Person, per Half Hour $42.21 10.21911/ E911 110.1911/E911-Callinq No Charge No Charqe 10.White Pages Directory Listings, Facility Based Providers 10.Primary Listinq No Charge No Charoe General General Exchange Exchange Tariff Rate Tariff Rate Less Less Wholesale Wholesale 10.Premium / Privacy Listinqs Discount Discount 10.4 Directory Assistance, Facility Based Providers 10.4.Local Directorv Assistance, per Call $0. 10.4.National Directorv Assistance, oer Call $0. 10.4.Call Brandinq, Set-Up and Recordinq $35 000. 10.4.4 Loadinq Brand, per Switch $500. 10.4.Call Comoletion, per Call $0. 10.Directory Assistance List Information 10.Initial Database Load, per Listinq $0.025 10.5.2 Reload of Database, per Listinq $0.020 10.Daily Updates, per Listinq $0.25 10.5.4 One-Time Set-Up Fee $73. 10.Media Charoes for File Delivery 10.I Electronic Transmission $0.0020 10.Toll and Assistance Operator Services, Facility Based Providers 10.Operator Assistance, oer Call $0. 10.Busy Line Verify, per Call $0. 10.Busv Line Interrupt $0. 10.6.4 Call Brandinq, Set-Up & Recordinq $10 500. Effective 4-30-2007 (coma)Page 11 of 12 Utility Telephone Exhibit A Idaho 10.Access to Poles, Ducts, Conduits and Rights of Way (ROW) 10.Pole Inquiry Fe"" per Inquiry $341. 10.Innerduct Inquiry Fee, aer Inquiry $233. 10.ROW Inquiry Fee, per Inquiry $378. 10.7.4 ROW Document Preaaration Fee $122. 10.Field Verification Fee, per Pole $20.48 10.Field Verification Fee, per Manhole $190. 10.Planner Verification, per Manhole $16. 10.Manhole Verification Inspector; per Manhole $92. 10.Manhole Make-Readv Inspector, per Manhole $245. 10.Transfer of Resaonsibility $106. 10.Pole Attachment Fee, aer Foot, per Year $2.4 B 10.Innerduct 10.12.IMicroduct Occupancy Fee, per Microduct, per Foot, per Year $0.1861 10.12.Iinnerduct Occupancy Fee, per Foot, aerYear $0.4 B 10.Access Aqreement Consideration $10. 10.Make Readv ICB 12.010perational Support Systems 12.1 I Development and Enhancements, per Order $5. 12.210ngoing Maintenance, per Order $1.40 12.31Daily Usage Record File, per Record $0.000419 12.4lTrouble Isolation Charge See 9. 17.0IBona Fide Request Process 17.1 1 Processing Fee 851. NOTES: Unless otherwise indicated, all rates are pursuant to Idaho Public Uti lites Commission Dockets: AT&T Arbitration Docket USW-96-, Order No 27738, effective Senlember 17, 1998 Cost Docket QWE-01-11 Order No. 29408 January 5, 2004) rates effective January 5 2004. Voluntarv Rate Reduction Docket USW-00-, effective 6/10/02. Reductions reffected in the 5/24/02 Exhibit A. Second Voluntarv Rate Reduction, Docket USW-00-, effective 6/7/02. Reductions reflected in the 7/10/02 Exhibit A. ### Third Voluntarv Rate Reduction Docket USW-00-, effective 12/16/02, Reductions reffected in the 10/16/02 Exhibit A. TELRIC rates proposed in Cost Docket QWE-01-11 testimony filed on November 12, 2003. The case was bifurcated and the rates using this footnote are proposed in Phase 2 of the cost docket. Market-based rates. ICB, Individual Case Basis pricinG. The State of Idaho has retained the oversighton these rates. These rates are not under the iurisdiction of the FCC. FCC ordered rates pursuant to the FCC ~.s Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001. Effective August 1 , 2003, Qwest will no ionger bill the recurring and nonrecurring charges for Channel Regeneration. Qwest reserves the right to revert back to the contracutal rate only after appropriate notice is qiven. The preliminary Quote Preparation Fees (QPF) are included in the space construction charges.Upon completion of the collocation construction , the QPF will be credited to the final space construction charge for the virtuai, caged or cageless collocation job.These engineering and planning charges are also included in the Virtual, CaGed and Caqeless Quote Preparation Fees. Eff. 11/O4 Qwest (Q) will no longer perform Bridge Tap andlor Load Coii Removal to facilitate provisioning of its Retail DSL offering.To permit CLECs to provision xDSL Capable Loops Q is now re-instituting the charge to continue Conditioning for the 2/4-Wire UBL ADSL Compatible UBL ISDN (BRI) Capable UBL, xDSL- Capable UBL, Non-Commercial Line Sharing, Line Splitting, Non-Commercial SDL & Loop Splitting, eff. 3/14/05.can t bill the RC rate structure but will bill the lower of the two rates. Qwest is voluntarily reducinG this rate in order to keep rate relationshiO with the Fiber Transnort "per Pair" rate element. Qwest has not implemented this UNE rate or charGe in its bill inn svstem but reserves the riqht to assess such a charGe in the future. Market-based prices, All charges and increments shall be the same as the comparable charges and increments provided in Qwest FCC, Retail Tariffs, Catalogs, or Price Lists. Rates not addressed in Cost Docket (estimated TELRIC) The provision of transiting services is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this service as part of its interconnection aqreement, but this service is not required to be nriced accordino to a TELRIC methodoloqv. Rate was ordered for a similar element and is beinq used because the costs for this element are the same. Rate was oreviouslv ordered for this element in a different section of Exhibit A. (Q)Qwesn Element Added or Rate Changed per Amendment Effective 4-30-2007 (coma)Page120f12 Qwest: Spirit of Service Service Performance Indicator Definitions (PID) 14-State 271 PID Version 9. QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID) 14-State 271 PID Version 9. Introduction Qwest will report performance results for the service performance indicators defined herein. Qwest will report separate performance results associated with the services it provides to Competitive Local Exchange Carriers (CLECs) in aggregate (except as noted herein), to CLECs individually and, as applicable , to Qwest's retail customers in aggregate. Within these categories , performance results related to service provisioning and repair will be reported for the products listed in each definition. Reports for CLECs individually will be subject to agreements of confidentiality and/or nondisclosure. The definitions in this version of the PID apply in the 14 states of Qwest's local service region: Arizona Colorado, Idaho, Iowa , Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota Utah, Washington and Wyoming. Individual state Performance Assurance Plans may specify and apply state specific variations from the Performance Measure definitions and/or standards contained herein. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page i Qwest's Service Performance Indicator Definitions Table of Contents ELECTRONIC GATEWAY AVAILABILITY ........................................................................... GA-1 - Gateway Availability - IMA-GUI.............................................................................. GA-2 - Gateway Availability - IMA-EDI .............................................................................. GA-3 - Gateway Availability - EB-TA ................................................................................. GA-4 - System Availability - EXACT ................................................................................. GA-6 - Gateway Availability - GUI -- Repair....................................................................... GA-7 - Timely Outage Resolution following Software Releases......................................... PRE-ORDER/ORDER............................................................................................................ PO-1 - Pre-Order/Order Response Times.......................................................................... 7 PO-2 - Electronic Flow-through ........................................................................................ PO-3 - LSR Rejection Notice Interval............................................................................... PO-4 - LSRs Rejected ...................................................................................................... PO-5 - Firm Order Confirmations (FOCs) On Time .......................................................... PO-6 - Work Completion Notification Timeliness............................................................ .. PO-7 - Billing Completion Notification Timeliness ............................................................ PO-8 - Jeopardy Notice Interval............... ...................................................................... .. PO-9 - Timely Jeopardy Notices....................................................................................... PO-15 - Number of Due Date Changes per Order ........................................................... PO-16 - Timely Release Notifications ........................................................................... PO-19 - Stand-Alone Test Environment (SATE) Accuracy............................................. .. PO-20 (Expanded) - Manual Service Order Accuracy ...................................................... ORDERING AND PROVISIONING......... ..... ..................... ................. ................... ........... .... OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center........ OP-3 - Installation Commitments Met............................................................................... OP-4 - Installation Interval................................................................................................ OP-5 - New Service Quality..............................................................................................41 OP-6 - Delayed Days........................................................................................................ OP-7 - Coordinated "Hot Cut" Interval- Unbundled Loop ................................................ OP-8 - Number Portability Timeliness .............................................................................. OP-13 - Coordinated Cuts On Time - Unbundled Loop ................................................... OP-15 -Interval for Pending Orders Delayed Past Due Date........................................... OP-17 - Timeliness of Disconnects associated with LNP Orders ..................................... MAINTENANCE AND REPAIR ........................................................................................... MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center........................ MR-3 - Out of Service Cleared within 24 Hours................................................................ MR-4 - All Troubles Cleared within 48 hours .................................................................... MR-5 - All Troubles Cleared within 4 hours ...................................................................... MR-6 - Mean Time to Restore ..............................................................."......................... MR-7 - Repair Repeat Report Rate .................................................................................. MR-8 - Trouble Rate......................................................................................................... MR-9 - Repair Appointments Met.............. ....................................................................... 74 MR-10 - Customer and Non-Qwest Related Trouble Reports .......................................... MR-11 - LNP Trouble Reports Cleared within Specified Timeframes .............................. BI LLI NG ............................................................................................................................... 79 BI-1 - Time to Provide Recorded Usage Records ............................................................ Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page ii Table of Contents (continued) BI-2 - Invoices Delivered within 10 Days .......................................................................... BI-3 - Billing Accuracy - Adjustments for Errors ............................................................... BI-4 - Billing Completeness .............................................................................................. DATABASE UPDATES ........................................................................,.............................. 08-1 - Time to Update Databases........................ ................. ........................ .................. . 08-2 - Accurate Database Updates............................................................................... .. DIRECTORY ASSISTANCE ................................................................................................ DA-1 - Speed of Answer - Directory Assistance .............................................................. OPERATOR SERVICES .....................,........................................................ ........................ OS-1 - Speed of Answer - Operator Services.................................................................. 87 NETWORK PERFORMANC E............................................................................................. NI-1 - Trunk Blocking ........................................................................................................ NP-1 - NXX Code Activation............................................................................................. COLLOCATION.................................................................................................................. . CP-1 - Collocation Completion Interval............................................................................. CP-2 - Collocations Completed within Scheduled Intervals.............................................. CP-3 - Collocation Feasibility Study IntervaL.................................................................. .. CPA - Collocation Feasibility Study Commitments Met ................................................... DEFINITION OF TERMS ................................................................................................... 100 GLOSSARY OF ACRONYMS ........................................................................................... 104 APPENDIX A .....................................................................................................................106 Feature Detail..................................................................................................................106 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page iii Electronic Gateway Availability GA-1 - Gateway Availability - IMA-GUI Purpose: Evaluates the quality of CLEC access to the IMA-GUI electronic gateway and one associated system focusing on the extent they are actually available to CLECs. Description: GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User Interface), and reports the percentage of Scheduled Availability Time the IMA-GUI interface is available for view and/or input. Scheduled Up Time hours for preorder, order, and provisioning transactions are based on the currently published hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html. GA-1 D: Measures the availability of the SIA system, which facilitates access for the IMA-GUI interface and the IMA-EDI interface (see GA-2), and reports the percentage of scheduled time the SIA system is available. Scheduled availability times will be no less than the same hours as listed for IMA-GUI and IMA-EDI. Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., IMA-GUI, SIA), affecting Owest's ability to serve its customers. An outage is determined by Owest technicians through the use of verifiable data , collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Region-wide level. results Results will be reported as follows: GA-1A IMA Graphical User Interface Gateway GA-1 D SIA system Formula: ((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) -i- (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Owest Idaho SGA T Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 1 GA-2 - Gateway Availability - IMA-EDI Purpose: Evaluates the quality of GLEG access to the IMA-EDI electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of IMA-EDI (Interconnect Mediated Access - Electronic Data Interchange) interface and reports the percentage of scheduled availability time the IMA-EDllnterface is available for view and/or input All times during which the interface is scheduled to be operating during the reporting period are measured. Scheduled Up Time hours for IMA-EDI based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., IMA-EDI), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Region-wide level. aggregate results (See GA-1D for reportinq of SIA system availabilitv. Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) ) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 2 GA-3 - Gateway Availability - EB- Purpose: Evaluates the quality of CLEC access to the EB- T A interface, focusing on the extent the gateway is actuallv available to CLECs. Description: Measures the availability of EB-TA (Electronic Bonding - Trouble Administration) interface and reports the percentage of scheduled availability time the EB-TA Interface is available. Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., EB-TA), affecting Owest's ability to serve its customers. An outage is determined by Owest technicians through the use of verifiable data , collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 3 GA-4 - System Availability - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system focusing on the extent the system is actually available to CLECs. Description: Measures the availability of EXACT system and reports the percentage of scheduled availability time the EXACT system is available. Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time System is Available to CLECs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the system is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., EXACT), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event manarJement systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 4 GA-6 - Gateway Availability - GUI- Repair Purpose: Evaluates the quality of CLEC access to the GUI Repair electronic gateway, focusing on the extent the gateway is actually available to CLECs. Description: Measures the availability of the GUI (Graphical User Interface) repair electronic interface and reports the percentage of scheduled availability time the interface is available for view and/or input All times during which the interface is scheduled to be operating during the reporting period are measured. Scheduled Up Time" hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage IS a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., GUI-Repair), affecting Owest's ability to serve its customers. An outage is determined by Owest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide level. aggregate results Formula: (Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period + Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 5 GA-7 - Timely Outage Resolution following Software Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to software releases for specified OSS interfaces , focusing on GLEe-affecting software releases involving the specified gateways or systems. Description: Measures the percentage of gateway or system outages, which are attributable to OSS system software releases and which occur within two weeks after the implementation of the OSS system software releases, that are resolved NOTE 1 within 48 hours of detection by the Qwest monitoring group or reporting by a GLEe/co-provider. Includes software releases associated with the following OSS interfaces in Qwest: IMA-GUI, IMA- EDI , and CEMR, Exchan~e Access, Control , & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB - T A) aTE 3 An outage for this measurement is a critical or serious loss of functionality, attributable to the specified gateway or component, affecting Qwest's ability to serve its customers or data loss NOTE 4 on the Qwest side of the interface. An outage is determined by Qwest technicians through the use of verifiable data ,. collected from the affected customer(s) and/or from mechanized event management systems. The outage resolution time interval considered in this measurement starts at the time Qwest's monitoring group detects a failure, or at the date/time of the first transaction sent to Qwest that cannot be processed (i.e. lost data), and ends with the time functionality is restored or the lost data is recovered. Reporting Period: Monthly Unit of Measure: Percent Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Region-wide level. Formula: ((Total outages detected within two weeks of a Software Release that are resolved within 48 hours of the time Qwest detects the outage) + (Total number of outages detected within two weeks of Software Releases resolved in the Reporting Period)) x 100 Exclusions: Outages in releases prior to any CLEC migrating to the release. Duplicate reports attributable to the same software defect. Product Reporting: None Standards: Volume = 1-20: 1 miss Volume;;. 20:95% Availability:Notes: 1. "Resolved" means that service is restored to the reporting CLEC, as Available experienced by the CLEC. 2. EXACT is a Telecordia system. Only releases for changes initiated by Qwest for hardware or connectivity will be included in this measurement. 3. Outages reported under EB-TA are the same as outages in MEDIACC. 4. For data loss to be considered for GA-, a functional acknowledgement must have been provided for the data in question (e., EDI 997, LSR ID or trouble ticket number). Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 6 Pre-Order/Order PO-1 - Pre-Order/Order Response Times Purpose: Evaluates the timeliness of responses to specific preordering/ordering queries for CLECs through the use of Qwest's Operational Support Systems (OSS). Qwest's ass are accessed through the specified gateway interface. Description: PO-1A & PO-1B: Measures the time interval between query and response for specified pre-order/order transactions through the electronic interface. . Measurements are made using a system that simulates the transactions of requesting pre- ordering/ordering information from the underlying existing ass. These simulated transactions are made through the operational production interfaces and existing systems in a manner that reflects , in a statistically-valid manner, the transaction response times experienced by CLEC service representatives in the reporting period. . The time interval between query and response consists of the period from the time the transaction request was "sent" to the time it is "received" via the gateway interface. . A query is an individual request for the specified type of information. PO-1C: . Measures the percentage of all IRTM Queries measured by PO-1 A & 1 B transmitted in the reporting period that timeout before receiving a response. PO-1D: . Measures the average response time for a sampling of rejected queries across preorder transaction types. The response time measured is the time between the issuance of a pre-ordering transaction and the receipt of an error message associated with a "rejected query." A rejected query is a transaction that cannot be successfully processed due to the provision of incomplete or invalid information by the sender which results in an error message back to the sender. NOTE 1 Reporting Period: One month Unit of Measure: PO-, PO-, & PO-1D: Seconds PO-1 C: Percent Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 7 PO-1 - Pre-Order/Order Response Times (continued) Reporting Comparisons: CLEC aggregate. Disaggregation Reporting: Region-wide level. Results are reported as follows: PO-1A Pre-Order/Order Response Time for IMA-GUI PO-1 B Pre-Order/Order Response Time for IMA-EDI Results are reported separately for each of the following transaction types: NOTE 2 1. Appointment Scheduling (Due Date Reservation , where appointment is required)2. Service Availability Information3. Facility Availability4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification Tools NOTE 38. Left intentionally blank to preserve numbering9. Connecting Facility Assignment NOTE 4 10. Meet Point Inquiry NOTE 5 For PO-1A (transactions via IMA-GUI), in addition to reporting total response time response times for each of the above transactions will be reported in two parts: (a) time to access the request screen , and (b) time to receive the response for the specified transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, will be reported. For PO-1B (transactions via IMA-EDI), requesUresponse will be reported as a combined number. PO-1 C Results for PO-1 C will be reported according to the gateway interface used: 1. Percent of Preorder Transactions that Timeout IMA-GUI2. Percent of Preorder Transactions that Timeout IMA-EDI PO-1 D Results for PO-1 D will be reported according to the gateway interface used: 1. Rejected Response Times for IMA-GUI2. Rejected Response Times for IMA-EDI Formula: PO-1 A & PO-1 B = L((Query Response Date & Time) - (Query Submission Date & Time)) 7 (Number of Queries Submitted in Reporting Period) PO-((Number of IRTM Queries measured by PO-1 A & 1 B that Timeout before receiving response) 7 (Number of JRTM Queries Transmitted in Reporting Period)) x 100 PO-1 D L((Rejected Query Response Date & Time) - (Query Submission Date & Time)) 7 (Number of Rejected Query Transactions Simulated by IRTM) Exclusions: PO-1 A & PO-1 B: Rejected requests/errors, and timed out transactions PO-1 C: Rejected requests and errors PO-1D: Timed out transactions Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 8 PO-1 - Pre-Order/Order Response Times (continued) Product Reporting: None Standards: Total Response Time: 1. Appointment Scheduling2. Service Availability Information3. Facility Availability4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification ToolsNOTE'3 8. Left intentionally blank to preserve numbering 9. Connecting Facility Assignment 10. Meet Point Inquiry PO-1 C- PO-1C- PO-1D-1 & 2 Availability: Available IMA-GUI IMA-EDI -=::10 seconds -=::25 seconds -=:: 1 0 seconds -=::25 seconds -=::25 seconds -=::10 seconds -=::12.5 seconds -=:: 10 seconds ::; 20 seconds -=::25 seconds -=:: 1 0 seconds -=::12.5 seconds -=::10 seconds ::; 20 seconds ::; 25 seconds ::; 25 seconds ::; 30 seconds ::; 30 seconds Diagnostic Notes: 1. Rejected query types used in PO-1D are those developed for internal Qwest diagnostic purposes. 2. As additional transactions, currently done manually, are mechanized they will be measured and added to or included in the above list of transactions, as applicable.3. Results based on a weighted combination of ADSL Loop Qualification and Raw Loop Data Tool.4. Results based on Connecting Facility Assignment by Unit Query.5. Results based on meet Point Query, POTS Splitter option for Shared loops. 6. Times reflect non-complex services , including residential, simple business, or POTS account. Does not include ADSL or accounts:;.25 lines. 7. Benchmark applies to response time only. Request time and Total time will also be reported. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 9 PO-2 - Electronic Flow-through Purpose: Monitors the extent Qwest's processing of GLEG Local Service Requests (LSRs) is completely electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service order processor without human intervention or without manual retyping. Description: PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic gateway interface to the Service Order Processor (SOP) without any human intervention. Includes all LSRs that are submitted electronically through the specified interface during the reporting period, subject to exclusions specified below. PO-2B - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention. Includes all flow-through-eligible LSRs that are submitted electronically through the specified interface durinq the reportinq period, subiect to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Statewide level (per multi- aggregate, individual GLEG state system serving the state). Results for PO-2A and PO-2B will be reported according to the gateway interface* used to submit the LSR: LSRs received via IMA-GUI LSRs received via IMA-EDI GO also reports an aggregate of IMA-GUI and IMA-EDI results. Formula: PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without human intervention) -;- (Total Number of Electronic LSRs that pass through the Gateway Interface)) x 100 PO-2B = ((Number of flow-through-eligible Electronic LSRs that actually pass from the Gateway Interface to the SOP without human intervention) -;- (Number of flow-through-eligible Electronic LSRs received through the Gateway Interface)) x 100 Exclusions: Rejected LSRs and LSRs containing GLEG-caused non-fatal errors. Non-electronic LSRs (e., via fax or courier). Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid start/stop dates/times. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 10 PO-2 - Electronic Flow-through (continued) Product Reporting:Standards: Resale PO- Unbundled Loops (with or Diagnostic without Local Number Portability)PO- Local Number Portability UNE-P (POTS) and UNE-Resale:95% (Centrex 21)Unbundled Loops:85% Line Sharing LNP:95% UNE-P (POTS & Centrex 21):95% Line Sharing:Diagnostic ,"u '" Availability:Notes: Available The list of LSR types classified as eligible for flow through is contained in the "LSRs Eligible for Flow Through" matrix. This matrix also includes availability for enhancements to flow through. Matrix will be distributed through the CMP process. The standard and future disaggregated reporting of the Line Sharing product is TBD, pending resolution of TRO issues. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 11 PO-3 - LSR Rejection Notice Interval Purpose: Monitors the timeliness with which Qwest notifies CLECs that electronic and manual LSRs were reiected. Description: Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the LSR for standard categories of errorslreasons. Includes all LSRs submitted through the specified interface that are rejected during the reporting period. Standard reasons for rejections are: missing/incomplete/mismatching/unintelligible information duplicate request or LSR/PON (purchase order number), no separate LSR for each account telephone number affected , no valid contract, no valid end user verification , account not working in Qwest territory, service-affecting order pending, request is outside established parameters for service, and lack of CLEC response to Qwest question for clarification about the LSR. Included in the interval is time required for efforts by Qwest to work with the CLEC to avoid the necessity of rejecting the LSR. . With hours: minutes reporting, hours counted are (1) business hours for manual rejects (involving human intervention) and (2) published Gateway Availability hours for auto-rejects (involving no human intervention). Business hours are defined as time during normal business hours of the Wholesale Delivery Service Centers, except for PO-3C in which hours counted are workweek clock hours. Gateway Availability hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Reporting Period: One month Unit of Measure: PO-3A-, PO-3B-1 & PO-3C - Hrs: Mins. PO-3A-2 & PO-3B-2 - Mins: Secs. Disaggregation Reporting: Results for this indicator are reported according to the gateway interface used to submit the LSR: . PO-3A-, LSRs received via IMA-GUI and rejected manually: Statewide . PO-3A -, LSRs received via IMA-GUI and auto-rejected: Region wide . PO-3B-, LSRs received via IMA-EDI and rejected manually: Statewide . PO-3B -, LSRs received via IMA-EDI and auto-rejected: Region wide . PO-, LSRs received via facsimile: Statewide Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: L: ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) 7 (Total number of LSR Rejection Notifications) Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstop dates/times. Product Reporting: Not applicable (reported by ordering interface). Standards: . PO-3A-1 and -3B-1 : :;; 12 business hours . PO-3A -2 and -3B -2: :;; 18 seconds . PO-3C: :;; 24 work week clock hours Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 12 PO-4 - LSRs Rejected Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address potential issues that miqht be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of errors/reasons. Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the reporting period. Standard reasons for rejections are: missing/incomplete/mismatching/unintelligible information; duplicate request or LSR/PON (purchase order number); no separate LSR for each account telephone number affected; no valid contract; no valid end user verification; account not working in Owest territory; service-affecting order pending; request is outside established parameters for service; and lack of CLEC response to Owest question for clarification about the LSR. Reporting Period: One month Unit of Measure: Percent of LSRs Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: individual CLEC results Results for this indicator are reported according to the gateway interface used to submit the LSR: PO-4A-LSRs received via IMA-GUI and rejected manually - Region wide PO-4A -2 LSRs received via IMA-GUI and auto-rejected - Region wide PO-4B-LSRs received via IMA-EDI and rejected manually - Region wide PO-4B -2 LSRs received via IMA-EDI and auto-rejected - Region wide PO-LSRs received via facsimile - Statewide Formula: ((Total number of LSRs rejected via the specified method in the reporting period) + (Total of all LSRs that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100 Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid start/stop dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic ordering interface). Availability:Notes: Available Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 13 PO-5 - Firm Order Confirmations (FOCs) On Time Purpose: Monitors the timeliness with which Owest returns Firm Order Confirmations (FOCs) to CLECs in response to LSRs/ASRs received from CLECs, focusing on the degree to which FOCs are provided within specified intervals. Description: Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the intervals specified under "Standards" below for FOC notifications. Includes all LSRs/ASRs that are submitted through the specified interface or in the specified manner (i.e., facsimile) that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from an FOC (e., EOI 997 transactions are not included. For PO-, the interval measured is the period between the LSR received date/time (based on scheduled up time) and Owest's response with a FOC notification (notification date and time). . For PO-, 5C, and 50, the interval measured is the period between the a lication date and time as defined herein, and Owest's response with a FOC notification (notification date and time). . " Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EOI , (2) that involve no manual intervention, and (3) for which FOCs are provided mechanically to the CLEC. NOTE 2 . " Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EOI and involve manual processing. . " Manual" LSRs are received manually (via facsimile) and processed manually. . ASRs are measured only in business da . LSRs will be evaluated according to the FOC interval categories shown in the "Standards" section below, based on the number of lines/services requested on the LSR or, where multiple LSRs from the sameCLEC are related , based on the combined number of lines/services requested on the related LSRs. Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level (per multi-state systemComparisons: CLEC serving the state). aggregate and individual Results for this indicator are reported as follows:CLEC results . PO-5A:FOCs provided for full electronic LSRs received via: - PO-5A-1 IMA-GUI - PO-5A-2 IMA-EOI . PO-5B:FOCs provided for electronic/manual LSRs received via: - PO-5B-1 IMA-GUI - PO-5B-2 IMA-EOI . PO-5C:FOCs provided for manual LSRs received via Facsimile. . PO-50: FOCs provided for ASRs requesting LIS Trunks. * Each of the PO-, PO-5B and PO-5C measurements listed above will be further disaggregated as follows:(a) FOCs provided for Resale services and UNE-(b) FOCs provided for Unbundled Loops and specified Unbundled Network Elements(c) FOCs provided for LNP Formula: PO-5A = \(Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of original FOC Notifications transmitted for the service category in the reporting period)) x 100 PO-, 5C, & 50 = \(Count of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time) - (Application Date & Time)" is within the intervals specified for the service category involved) + (Total Number of original FOC Notifications transmitted for the service category in the reporting period)) x 100 Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 14 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Exclusions: LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the "Standards" section below, or service/request types, deemed to be ects. Hours on Weekends and holidays. (Except for PO-5A which only excludes hours outside the scheduled up time). LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid start/stop dates/times. Additional PO-5D exclusion: Records with invalid application or confirmation dates. Product Reporting:Standards: For PO-5A (all):95% within 20 minutes NOTE 2 For PO- , - 5B and For PO-5B (all):90% within standard FOC intervals 5C:(specified below) (a) Resale services For PO-5C (manual):90% within standard FOC intervalsUNE-P (POTS)NOTE 3specified below PLUS 24 hoursand UNE-P Centrex For PO-5D (LIS Trunks):85% within eight business days(b) Unbundled Loops and specified Standard FOC Intervals for PO-58 and PO-Unbundled Network Elements. Product Groue NOTE 1 FOC Interval(c) LNP Resale For PO-5D: LIS Residence and Business POTS 39 lines ISDN-Basic 10 linesTrunks.Conversion As Is 24 hours Adding/Changing features Add primary directory listing to established loop Add call appearance Centrex Non-Design 19 lines with no Common Block Configuration Centrex line feature changes/adds/removals (all) LNP 24 lines Unbundled Loops 24 loops 2/4 Wire analog DS3 Capable Sub-loop 24 sub-loops (included in Product Reporting qroup (b)j Line Sharing/Line Splitting/Loop Splitting 24 shared loops (included in Product Reporting group (b)j Unbundled Network Element-Platform (UNE-P POTS) 1 - 39 lines Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 15 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Resale ISDN-Basic Conversion As Specified New Installs Address Changes Change to add Loop ISDN-PRI (Facility) PBX DSO or Voice Grade Equivalent DS1 Facility DS3 Facilitv LNP Enhanced Extended Loops (EELs) (included in Product Reporting group (b)J DS1 24 circuits 10 lines 48 hours 24 trunks 25-49 lines Available Resale Centrex (including Centrex 21 , Non-design Centrex 21 Basic ISDN , Centrex-Plus Centron , Centrex Primes) 1-10 lines With Common Block Configuration required Initial establishment of Centrex CMS services Tie lines or NARs activity Subsequent to initial Common Block Station lines Automatic Route Selection Uniform Call Distribution Additional numbers UNE-P Centrex 10 lines UNE-P Centrex 21 10 lines Unbundled Loops with Facility CheckiNOTE2, 3) 1 - 24 loops 2/4 wire Non-loaded ADSL compatible ISDN capable XDSL-I capable OS 1 capable Resale ISDN-PRI (Trunks) For PO-5D: LIS Trunks Notes: 1. LSRs with quantities above the highest number specified for each product type are considered ICB. 2. Unbundled Loop with Facility Check can be processed electronically; however, because this category always carries a 72-hour FOC interval the FOC results for this product will appear in PO-5B if received electronically or PO-5C if received manually. 3. Unbundled Loop with Facility Check will not add an additional 24 hours to the 72-hour interval if the LSR is submitted manually. 72 hours 12 trunks 96 hours 8 business days240 trunk circuits Availability: Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 16 PO-6 - Work Completion Notification Timeliness Purpose: To evaluate the timeliness of Qwest issuing electronic notification at an LSR level to CLECs that provisioning work on all service orders that comprise the CLEC LSR have been completed in the Service Order Processor and the service is available to the customer. Description: PO-6A & 6B: Includes all orders completed in the Qwest Service Order Processor that generate completion notifications in the reporting period, subject to exclusions shown below. The start time is the date/time when the last of the service orders that comprise the CLEC LSR is posted as completed in the Service Order Processor. The end time is when the electronic order completion notice is made available (IMA-GUI) NOTE 1 or transmitted (IMA-EDI) to the CLEC via the ordering interface used to place the local service request The notification is transmitted at an LSR level when all service orders that comprise the CLEC LSR are complete. With hours: minutes reporting, hours counted are during the published Gateway Availability hours. Gateway Availability hours are based on the currently published hours of availability found on the followinq website: http://www.qwestcom/wholesale/cmp/ossHours.html. Reporting Period: I Unit of Measure:One month PO-6A - 6B:Hrs:Mins Reporting Disaggregation Reporting: Statewide level. Comparisons: CLEC aggregate and individual PO-Notices transmitted via IMA-GUI CLEC results.PO-Notices transmitted via IMA-EDI Formula: For completion notifications qenerated from LSRs received via IMA-GUI: PO-6A = L:((Date and Time Completion Notification made available to CLEC) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor)) -;- (Number of completion notifications made available in reporting period) For completion notifications qenerated from LSRs received via IMA-EDI: PO-6B = L:((Date and Time Completion Notification transmitted to CLEC) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor. ))-;- (Number of completion notifications transmitted in reporting period) Exclusions: PO - 6A & 6B: Records with invalid completion dates. LSRs submitted manually (e., via facsimile). ASRs submitted via EXACT. Product Reporting:Standard: PO - 6A & 6B Aggregate reporting for all products ordered through 6 hours IMA-GUI and, separately, IMA-EDI (see disaggreqation reporting). Availability:Notes: Available The time a notice is "made available" via the IMA-GUI is the time Qwest stores a status update related to the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window or by using the LSR Notice Inquiry function. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 17 PO-? - Billing Completion Notification Timeliness Purpose: To evaluate the timeliness with which electronic billing completion notifications are made available or transmitted to CLECs, focusing on the percentage of notifications that are made available or transmitted (for CLECs) or posted in the billinQ system (for Qwest retail) within five business da Description: PO-7A & 7B: This measurement includes all orders posted in the CRIS billing system for which billing completion notices are made available or transmitted in the reporting period, subject to exclusions shown below. Intervals used in this measurement are from the time a service order is completed in the SOP to the time billing completion for the order is made available or transmitted to the CLEC. - The time a notice is "made available" via the IMA-GUI consists of the time Qwest stores the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window. - The time a notice is "transmitted" via IMA-EDI consists of the time Qwest actually transmits the completion notice via IMA-EDI. Applicable only to those CLECs who are certified and setup to receive the notices via IMA-EDI. . The start time is when the completion of the service order is posted in the Qwest SOP. The end time is when, confirming that the order has been posted in the CRIS billing system , the electronic billing completion notice is made available to the CLEC via the same ordering interface (IMA-GUI or IMA-EDI) as used to submit the LSR. Intervals counted in the numerator of these measurements are those that are five business days or less. PO- This measurement includes all retail orders posted in the CRIS Billing system in the reporting period, subject to exclusions shown below. Intervals used in this measurement are from the time an order is completed in the SOP to the time it is posted in the CRIS billing system. . The start time is when the completion of the order is posted in the SOP. The end time is when the order is posted in the CRIS billing system. Intervals counted in the numerator of this measurement are those that are five business days or less. Reporting Period: One month Reporting Comparisons: PO-7A and -7B: CLEC aggregate and individual CLEC results. PO-7C: Qwest retail results. Formula: For wholesale service orders Qwest enerates for LSRs received via IMA: PO-7 A = (Number of electronic billing completion notices in the reporting period made available within five business days of posting complete in the SOP) -i- (Total Number of electronic billing completion notices made available during the reporting period) (Number of electronic billing completion notices in the reporting period transmitted within five business days of posting complete in the SOP) -i- (Total Number of electronic billing completion notices transmitted during the reporting period) I Unit of Measure: Percent Disaggregation Reporting: Statewide level. . PO-7A Notices made available via IMA-GUI . PO-7B Notices transmitted via IMA-EDI . PO-7C Billing system posting completions for Qwest Retail PO-7B = For service orders Qwest enerates for retail customers i.e.the retail analo ue for PO-7A & - PO-7C = (Total number of retail service orders posted in the CRIS billing system in the reporting period that were posted within 5 business days) -i- (Total number of retail service orders posted in the CRIS billing system in the reporting period) Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 18 PO-? - Billing Completion Notification Timeliness (continued) Exclusions: PO-, 7B & 7C Services that are not billed through CRIS, e.g. Resale Frame Relay. Records with invalid completion dates. PO-7A & 7B LSRs submitted manually. ASRs submitted via EXACT. Product Reporting:Standard: Aggregate reporting for all products ordered through IMA-PO-7A and -7B: Parity with PO- GUI and, separately, IMA-EDI (see disaggregation reporting). Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 19 PO-8 - Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to CLECs (regardless of whether the due date was actually missed). Description: Measures the average time lapsed between the date the customer is first notified of an order jeopardy event and the original due date of the order. Includes all orders completed in the reporting period that received jeopardy notifications. Reporting Period: One month Unit of Measure: Average Business days ,"UII:; Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate, individual CLEC and Qwest (This measure is reported by jeopardy notification process Retail results as used for the categories shown under Product Reporting. ) Formula: (l:(Date of the original due date of orders completed in the reporting period that received jeopardy notification - Date of the first jeopardy notification) + Total orders completed in the reporting period that received jeopardy notification) Exclusions: Jeopardies done after the original due date is past. Records Involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID. Product Reporting:Standards: Non-Designed Services Parity with Retail POTS Unbundled Loops (with or without B Parity with Retail POTS Number Portability) LIS Trunks C Parity with Feature Group D (FGD) services UNE-P (POTS)D Parity with Retail POTS Availability:Notes: Available 1. For PO-8A and -, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, and UNE- (POTS), as well as for the retail analogues specified above as standards. For dispatched orders for Resale Residence , Resale Business and UNE-P (POTS) and for all other products reported under PO-8B and -, Saturday is counted as a business day when the service order is due on Saturday. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 20 PO-9 - Timely Jeopardy Notices Purpose: When original due dates are missed, measures the extent to which Qwest notifies customers in advance of ieopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity Missed due date orders with jeopardy notifications provided on or after the original due date is past will be counted in the denominator of the formula but will not be counted in the numerator. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate, individual CLEC and (This measure is reported by jeopardy notification process as Qwest Retail results used for the cateQories shown under Product Reportinq. Formula: ((Total missed due date orders completed in the reporting period that received jeopardy notification in advance of original due date) + (Total number of missed due date orders completed in the reporting period)) x 100 Exclusions: Orders missed for customer reasons. Records with invalid product codes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standards: Non-Designed Services A Parity with Retail POTS Unbundled Loops (with or without Number B Parity with Retail POTS Portability) LIS Trunks C Parity with Feature Group D (FGD) Services UNE-P (POTS)D Parity with Retail POTS Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 21 PO-15 - Number of Due Date Changes per Order Purpose: To evaluate the extent to which Qwest changes due dates on orders. Description: Measures the average number of Qwest due date changes per order. Includes all inward orders (Change, New, and Transfer order types) that have been assigned a due date in the reporting period subject to the exclusions below. Change order types for additional lines consist of all "C" orders representing inward activit Counts all due date changes made for Qwest reasons following assignment of the original due date. Reporting Period: One month Unit of Measure: Average Number of Due Date Changes Reporting Comparisons:Disaggregation Reporting: Statewide level. CLEC aggregate, individual CLEC, and Qwest retail results. Formula: L(Count of Qwest due date changes on all orders) + (Total orders in reporting period) Exclusions: Customer requested due date changes. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: None Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 22 PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified ass interfaces sent by Owest to CLECs within the intervals and scope specified within the change management plan found on Owest's Chanqe Management Process, (CMP) website at http://www.qwestcom/whoiesale/cmp/whatiscmp.htmi. Description: . Measures the percent of release notices that are sent by Owest within the intervals/timeframes prescribed by the release notification procedure on Owest's CMP website. NOTE 1 Release notices measured are: Draft Technical Specifications (for App to App interfaces only); Final Technical Specifications (for App to App interfaces only); Draft Release Notices (for IMA-GUI interfaces only); Final Release Notices (for IMA-GUI interfaces only); and - ass Interface Retirement Notices. NOTE For the following ass interfaces: - IMA-GUI , IMA-EDI; CEMR; Exchange Access, Control, & Tracking (EXACT); NOTE 3 Electronic Bonding - Trouble Administration (EB - T A); NOTE 4 lABS and CRIS Summary Bill Outputs; NOTE 5 Loss and Completion Records; NOTE 5 New ass interfaces (for introduction notices only.) NOTE 6 Also included are notifications for connectivity or system function changes to Resale Product Database. Includes ass interface release notifications by Owest relating to the following products and service categories: LIS/Interconnection , Collocation , Unbundled Network Elements (UNE), Ancillary, and Resale Products and Services. Includes ass interface release notifications by Owest to CLECs for the following ass functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billing. Includes Types of Changes as specified in the "Owest Wholesale Change Management Process Document" (Section 4 - Types of Changes). Includes all ass interface release notifications pertaining to the above ass systems , subject to the exclusions specified below. Release Notifications sent on or before the date required by the CMP are considered timely. A release notification "sent date" is determined by the date of the e-mail sent by Owest that provides the Release Notification. NOTE 7 Release Notifications sent after the date required by the (CMP) are considered untimely. Release Notifications required but not sent are considered untimely. Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide level. Formula: ((Number of required release notifications for specified ass interface changes made within the reporting period that are sent on or before the date required by the change management plan (CMP) + Total number of required release notifications for specified ass interface changes within reporting period))x100 Exclusions: Changes to be implemented on an expedited basis (exception to ass notification intervals) as mutually agreed upon by CLECs and Owest through the CMP. Changes where Owest and CLECs agree , through the CMP, that notification is unnecessary. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 23 PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. )0 10: 92.5% timely notifications Availability: Available Notes: 1. The Qwest Wholesale Change Management Process Document specifies the intervals for release notifications by type of notification. These intervals are documented in the change management plan. 2. The documents described in section "0 - Retirement of Existing ass Interfaces" of the "Qwest Wholesale Change Management Process Document" as "Initial Retirement Notice" and "Final Retirement Notice. 3. EXACT is a Telecordia system. Only release notifications for changes initiated by Qwest for hardware or connectivity will be included in this measurement. 4. EB-TA is the same system as MEDIACC. 5. CRIS , lABS, and Loss and Completions will adhere to the notification intervals documented in section 8.1 - Changes to Existing Application to Application Interface. 6. The documents described in section "0 - Introduction of New ass Interface" of the "Qwest Wholesale Change Management Process Document" as "Initial Release Announcement and Preliminary Implementation Plan" (new App to App only), "Initial Interface Technical Specification" (new App to App only), "Final Interface Technical Specifications (new App to App only), "Release Notification (new GUI only). CMP notices for "Introduction of a New ass" are to be included in this measurement even though the new system is not explicitly listed in the Description" section of this PID. However, once implemented, the system will not be added to the measurement for purposes of measuring release , change and retirement notifications unless specifically incorporated as an authorized change to the PID. 7. The intervals used to determine timeliness are based on CMP guidelines. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 24 PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwest's ability to provide accurate production-like tests to CLECs for testing new releases in the SATE and production environments and testing between releases in the SATE environment. Description: PO-19A Measures the percentage of test transactions that conform to the test scenarios published in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) that are successfully executed in SATE at the time a new IMA Release is deployed to SATE. In months where no release activity occurs, measures the percentage of test transactions that conform to the test scenarios published in the current IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are successfully executed in SATE during the between-releases monthly performance test. Includes one test transaction for each test scenario published in the IMA EDI Data Document- for the Stand Alone Test Environment (SATE). Test transactions will be executed for each of the IMA releases supported in SATE utilizing all test scenarios for each of the current versions of the IMA EDI Data Document for the Stand Alone Test Environment (SA TE). The successful execution of a transaction is determined by the Qwest Test Engineer according to: The expected results of the test scenario as described in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) and the EDI disclosure document. The transactions strict adherence to business rules published in Qwest's most current IMA EDI Disclosure Documentation for each release and the associated Addenda. NOTE 1 For this measurement, Qwest will execute the test transactions in the Stand-Alone Test Environment. Release related test transactions will be executed when a full or point release of IMA is installed in SATE. These transactions will be executed within five business da s of the numbered release being originally installed in SATE. This five-business day period will be referred to as the "Testing Window. Mid-release monthly performance test transactions will be executed in the months when no Testing Window for a release is completed. These transactions will be executed on the 15 , or the nearest working day to the 15th of the month , in the months when no release related test transactions are executed. Test transaction results will be reported by release and included in the Reporting Period during which the release transactions or mid-release test transactions are completed. PO-19B Validates the extent that SATE mirrors production by measuring the percentage of IMA EDI test transactions that produce comparable results in SATE and in production. Transactions counted as producing comparable results are those that return correctly formatted data and fields as specified in the release s EDI disclosure document and developer worksheets related to the IMA release being tested. Comparability will be determined by evaluating the data and fields in each EDI message for the test transactions against the same data and fields for Preorder queries, LSRs, and Supplementals, and returned as Query Responses, Acknowledgements, Firm Order Confirmations (FOCs) for flow-through eligible products, and rejects. Test transactions are executed one time for each new major IMA release within 7 days after the IMA release. Test transactions consist of a defined suite of Product/Activity combinations. Qwest's three regions will be represented. NOTE 2 - Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validity of the content, per developer worksheets and EID mapping examples distributed as part of release notifications. NOTE 3 Reporting Period: PO-19A -- One month PO-19B: -- One month (for those months in Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Unit of Measure:Percent Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) which release-related test transactions are completed) Reporting Comparisons: None Disaggregation Reporting: PO-19A - Reported separately for each release tested in the reporting period PO-19B -- None Formula: PO-19A ((Total number of successfully completed SATE test transactions executed for a Software Release or between-releases performance test completed in the Reporting Period) + (Total number of SATE test transactions executed for each Software Release or between-releases performance test completed in the Reporting Period)) x 100 PO-19B ((Total number of completed IMA EDI test transactions executed in SATE and production that produce comparable results for each new major IMA Software Release completed in the Reporting Period) + (Total number of completed IMA EDI test transactions executed in SATE and production for each new major IMA Software Release completed in the Reporting Period)) x 100 Exclusions: For PO-19B: Transactions that fail due to the unavailability of a content item (e., TN exhaustion in SATE or the production environment) or a function in the SATE or production environments (e., address validation query or CSR query) that is unsuccessful due to an outage in systems that interface with IMA-EDI (e., PREMIS or SIA). Transactions that fail because of differences between the production and SATE results caused when an IMA candidate is implemented into IMA and not SATE (i.e., where CMP decides not to implement an IMA candidate in a SATE release: e., the Reject Duplicate LSR candidate in IMA 12.0). This exclusion does not apply during reporting periods in which there are no differences between production IMA and SATE caused by SATE releases packaged pursuant to CMP decisions. Product Reporting: None Standard: PO-19A - 95% for each release tested PO-19B - 95% Notes:1. Transactions that are executed and found to have inconsistencies with the data and format rules will be corrected and rerun. Rerun volumes will not be counted in the denominator for PO-19. Such corrections and re-executions are intended to enforce strict adherence to business rules published in Qwest's most current IMA EDI Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO-19B will be updated after each major IMA software release and provided to CLECs with the publication of IMA ED! Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with EDI transaction volumes ;::. 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, Qwest will run a query against IMA to determine which combinations meet the criteria for inclusion (i.e., volumes ;::. 100). Availability: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 26 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) 3. The intent of this provision is to avoid including the effects of circumstances beyond the SATE environment that could cause differences in SATE and production results that are not due to problems in mirroring production. For example, because of real-time data manipulation in production, an appointment availability query transaction in SATE will not return the same list of available appointments as in production. Available appointments in production are fully dependent on real-time activities that occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 27 PO-20 (Expanded) - Manual Service Order Accuracy Purpose: Evaluates the degree to which Owest accurately processes CLECs' Local Service Requests (LSRs), which are electronically-submitted and manually processed by Owest, into Owest Service Orders, based on mechanized comparisons of specified LSR-Service Order fields and focusing on the percentage of manually- processed Service Orders that are accurate/error-free. Description: Measures the percentage of manually-processed Owest Service Orders that are populated correctly, in specified data fields, with information obtained from CLEC LSRs. Includes only Service Orders created from CLEC LSRs that Owest receives NOTE 1 electronically (via IMA- GUI or IMA-EDI) and manually processes in the creation of Service Orders, regardless of flow through eligibility, subject to exclusions specified below. Includes only Service Orders, from the product reporting categories specified below , that request inward line or feature activity (Change, New, and Transfer order types), are assigned a due date by Owest , and are completed/closed in the reporting period. Change Service Order types included in this measurement consist of all C orders with "I" and 'T' action-coded line or feature USOCs. All Service Orders satisfying the above criteria are evaluated in this measurement. NOTE 2 An inward line Service Order will be classified as "accurate" and thus counted in the numerator in the formula below when the mechanized comparisons of this measurement determine that the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order. An inward feature Service Order will be classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order and if no CLEC notifications to the call center have generated call center tickets coded to LSR/SO mismatch for that order. Service Orders will be counted as being accurate if the contents of the relevant fields, as recorded in the completed Service Orders involved in provisioning the service, properly match or correspond to the information from the specified fields as provided in the latest version of associated LSRs. Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value will be counted as being accurate if each and every mismatch has a correct and corresponding PIA value. Service Orders, including those otherwise considered accurate under the above-described mechanized field comparison , will not be counted as accurate if Owest corrects errors in its Service Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the original due date. Reporting Period: One month, reported in arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-, as having new service problems attributed to Service Order errors. Unit of Measure:Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level Formula: ((Number of accurate, evaluated Service Orders) + (Number of evaluated Service Orders completed in the reporting period)) x 100 Exclusions: Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new service problems attributed to Service Order errors. Cancelled Service Orders. Service Orders that cannot be matched to a corresponding LSR Records missinQ data essential to the calculation of the measurement per the PID. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 28 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Product Reporting: Resale and UNE-P (POTS and Centrex 21) Standard: 95% Unbundled Loops (Analog and Non-Loaded 2/4-wire , DS1 Capable, DS3 and higher Capable, ADSL Compatible XDSL-I Capable, ISDN-BRI Capable) Availability: Available Notes: 1. To be included in the measurement, Service Orders created from CLEC LSRs must be received and completed in the same version of IMA-GUI or IMA-EDI.2. Consists of all manually-processed , qualifying Service Orders per product reporting category specified above, from throughout Qwest's 14- state local service region. LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field LSR Name identifier in the Extended 10 section of the Service Order. Abbreviation PON Purchase Order PON field of LSR form compared to the PON field in Bill Number Section of the Service Order. D/TSENT Date and time The D/TSENT field of LSR form from the Firm Order sent Manager, using applied business day cut-off rules and business typing rules , and compare to the APP (Application Date) used on the Service Order. CHC Coordinated Hot Applies only to Unbundled Loop. Cut Requested Validate that the installation USOC used on the Service Order matches the Coordinated Cut request. (Evaluated in coniunction with the TEST field to determine correct USOC. TEST Testing required Applies only to Unbundled Loop. Validate that the installation USOC used on the Service Order matches the TEST request. (Evaluated in conjunction with the CHC field to determine correct USOC. Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compared to provisioning USOC for CKL 1 on the Service Order. NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form Interface Code compared to provisioning USOC for CKL 1 on the Service Order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 29 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: SECNCI Secondary Applies only to Unbundled Loop orders. Network Channel SECNCI field on the LSR form compared to the provisioning Interface Code USOC for CKL2 on the Service Order. PIC InterLATA Pre-PIC field on Resale or Centrex form compared to PIC subscription populated on the "I" or "1" action lines in the Service and Indicator Code Equipment section of the Service Order. Note: LSR PIC = None; S.O. PIC = None Resale or LPIC IntraLATA Pre-LPIC field on Resale or Centrex form compared to LPIC Centrex subscription populated on the "I" or 'action lines in the Service and Indicator Code Equipment section of the Service Order. Note: LSR LPIC = None; S.O. LPIC = 9199 LSR LPIC = DFL T; S.O. LPIC = 5123 TNS Telephone Validate that all telephone numbers in the TNS fields in the Numbers Service Details section on the Resale or Centrex form requiring inward activity are addressed on the Service Order. FA!Feature When the FA = N, T, V FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURE Codes field on the Resale or Centrex form are addressed with " Resale and/or "1" action lines on the Service Order. Note: Comparison will be based on the USOCs associated Centrex with line and feature activity listed in the PO-20 USOC List posted on Qwest's public website, on the web page containing the current PID www.qwest.com/whoiesale/results). Qwest may add USOCs to the list, delete grand-fathered/ discontinued or obsolete USOCs, or update USOCs assigned to listed descriptions by providing notice in the monthly Summary of Notes and updating the list. ECCKT Exchange Applies to LSRs with ACT = C (only when NC code has not Company Circuit changed, M, or T. ECCKT field on the LS form compared to the CLS field in the Service and Equipment section of the Service Order. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 30 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: LS/CFA Connecting CFA field on the LS or LSNP forms compared to the CFA LSNP Facility field used in CKL 1 of the Service Order. (Verbal acceptance Assignment of CFA changes will be FOC'd and PIA', which will account for the mismatch and eliminate it as an error in the PO- calculation. LTY Listing Type L TY = 1 (Listed - appears in DA and the directory.) Validate that there is a LN in the List section of the Service Order. L TY = 2 (Non Listed - appears only in DA.) Validate that there is non listing instructions in the LN field in the List section of the Service Order. Central/Western Region: Validate that the left handed field is NLST and (NON-LIST) is contained in the NLST data field in the List section of the Service order. Eastern Region: Validate that the left handed field is NL and (NON LIST) is contained in the NL data field in the List section of the Service Order. L TY = 3 (Non Pub - does not appear in the directory and telephone number does not appear in DA.) Validate that there is non published instructions in the LN field in the List section of the Service Order.1/1 Central/Western Regions: Validate that the left handed field is NP and (NON-PUB) is contained in the NP data field !!! in the List section of the Service Order.... ...J.E t:Eastern Region: Validate that the left handed field is NP 1/1 'and (NP LODA) or (NP NODA) is contained in the NP data :; ca field in the List section of the Service Order. !!! u TOA Type of Account Validate TOA entries (only reviewed when BRO field on DL...J 0 ~-: form is not populated): 0 0 TOA valid entries are B or RP ........;:.. Validate that there is a semi colon (;) within the LN in theQ) !: t:List section of the Service Order.CI 0 I "C TOA valid entries are R or BP ...J 2 Validate that there is a comma (,) within the LN in the ListCI ~section of the Service Order. Exception: When LSR-TOS = 3 , TOA review is Not ;::. Applicable. Handled by Complex Listing Group. Requires separate Service Order. DML Direct Mail List DML field = 0 on DL form; Service Order LN contains (OCLS). NOSL No Solicitation Arizona Only Indicator NOSL field = Y on DL form; Service Order LN contains (NSOL) (OCLS). TMKT Telemarketing Colorado Only TMKT field = 0 on DL form; Service Order LN contains (OATD). When both the DML and the TMKT fields are populated , DML validation applies. LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field LNFN in the List section of the Service Order. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 31 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: ADI Address Indicator ADI = 0 on DL form; Service Order LA contains (OAD). LAPR Listed Address LAPR field of the Listing form compared to LA in the List Number Prefix section of the Service Order. LANO Listed Address LANO field of the Listing form compared to LA in the List Number section of the Service Order. LASF Listed Address LASF field of the Listing form compared to LA in the List Number Suffix section of the Service Order. LASD Listed Address LASD field of the Listing form compared to LA in the List Street Directional section of the Service Order. LASN Listed Address LASN field of the Listing form compared to LA in the List Street Name section of the Service Order. LATH Listed Address LATH field of the Listing form compared to LA in the List Street Type section of the Service Order. LASS Listed Address LASS field of the Listing form compared to LA in the List Street Directional section of the Service Order. Suffix LALOC Listed Address LALOC field of the Listing form compared to LA in the List Localitv section of the Service Order. LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only. If OSPTCH field on the LSR form = Y, validate dispatch USOC in the Service and Equipment section of the Service Order. LTC Line Treatment Applies only to Centrex 21 Code LTC field numeric value on the Centrex form compared to the data following the CAT field for the Line USOC on the Centrex Service Order. COS Class of Service Applies only to Centrex 21. - Owest Specific COS field of the Centrex form compared to the CS field in the 10 section of the Service Order. Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID. DETAILS Comparison would be based on the fields associated with the Centrex USOC list referenced under Feature Activity above. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 32 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: Resale BLOCK Blocking Type For each LNUM provided in the Service Detail section of the (Stage 1)Resale or Centrex form when BA = E: Centrex Note: The BLOCK field may have one or more alpha and/or numeric values per LNUM. This review will only validate based on BA/BLOCK fields and will not address blocking information provided in the "Remark" section on the LSR or the Feature Detail section of the LSR. The values listed below will be considered as follows: If BLOCK contains A, validate FID TBE A is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains B, validate FID TBE B is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains C, validate FID TBE C is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains H, validate FID BLKD is present on the service order floated behind line USOC associated with the TNS for that LNUM. DFDT Desired Frame Applicable only to orders for Resale and UNE-P (POTS and Due Time Centrex 21) DFDT field on the LSR form compared to the FDT field in the Extended ID section of the Service Order. LSR DDD Desired Due DDD field from the last FOC'd LSR compared to the original Date or last subsequent due date in the Extended ID section on the Service Order when no CFLAG/PIA is present on the FOC. (i.e. Evaluation includes recognition of valid differences between DDD and Service Order based on population of the CFLAG/PIA field on the LSRC (FOC)) LTN Listed Telephone For Resale and UNE-P (POTS and Centrex 21): f/)Number L TN field on the Listing form compared to the Main Account ... (j) s:::0 tn Number of the Service Order..... s:::f/) ;::.,.- ::i - - s::: f/)o::i For Unbundled Loop: L TN field on the Listing form compared... 't:I s:::- 0 Qj .-to the TN floated after the LN in the Listing section of theu....-ro~:2 Service Order.is co co;:. u LNPL Letter Name LNPL field on the Listing form = L, validate that LN on thew 0..J ..J Placement Service Order follows letter placement versus word placement. Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 33 Ordering and Provisioning OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center Purpose: Evaluates the timeliness of CLEC access to Qwest's interconnection provisioning center(s) and retail customer access to the Business Office , focusing on the extent calis are answered within 20 seconds. Description: Measures the percentage of (Interconnection Provisioning Center or Retail Business Office) calls that are answered by an agent within 20 seconds of the first ring. Includes all calis to the Interconnect Provisioning Center/Retail Business Office during the reporting period , subject to exclusions specified below. Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds. First ring is defined as when the customer s call is first placed in queue by the ACD (Automatic Call Distributor). Answer is defined as when the call is first picked up by the Qwest agent. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail results Formula: ((T otal Calls Answered by Center within 20 seconds) -;- (Total Calis received by Center)) x 100 Exclusions: Time spent in the VRU Voice Response Unit is not counted. Product Reporting: Not applicable Standard: Parity Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 34 OP-3 - Installation Commitments Met Purpose: Evaluates the extent to which Qwest installs services for Customers by the scheduled due date. Description: Measures the percentage of orders for which the scheduled due date is met. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period are measured, subject to exclusions specified below. Change order types included in this measurement consist of all C orders representing inward activit . Also included are orders with customer-requested due dates longer than the standard interval. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met due date. The Applicable Due Date is the original due date or, if changed or delayed by the customer the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the oriqinal due date and (b) prior to a Qwest-initiated , changed due date, if any. Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be reported according to orders involving:individual CLEC OP-3A Dispatches within MSAs; and Qwest Retail OP-3B Dispatches outside MSAs; andresults OP-3C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations: OP-3D In Interval Zone 1 areas; and OP-3E In Interval Zone 2 areas. Formula: ((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders Completed in the Reporting Period)) x 100 Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Due dates missed for standard categories of customer and non-Qwest reasons. Standard categories of customer reasons are: previous service at the location did not have a customer- requested disconnect order issued , no access to customer premises , and customer hold for payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 35 OP - 3 Installation Commitments Met (continued) Product Reporting:Standards: MSA-TvDe Disaaareaation Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed provisioning)Parity with retail service Basic ISDN (non-designed provisioning)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting 95% Loop Splitting NOTE 1 Diagnostic Line Sharing 95% Sub-Loop Unbundling CO: 90% All Other States: Diagnostic Zone-Tyee Disaaareaation Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS1 Private Line UDIT - Above DS11evei Parity with retail Private Lines above DS1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop 90% Non-loaded Loop (2-wire)90% Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail OS 1 Private Line xDSL-capable Loop 90% ISDN-capable Loop Parity with retail ISDN BRI (designed) ADSL-qualified Loop 90% Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diagnostic Loops with Conditioning 90% E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 36 OP - 3 Installation Commitments Met (continued) Enhanced Extended Loops (EELs) - (DSO WA: 90% level)All Other States: Diagnostic Enhanced Extended Loops (EELs) - (DS1 90% level) Enhanced Extended Loops (EELs) - (DS3 WA: 90% level)All Other States: Diagnostic Availability:Notes: Available Reporting will begin at the time GLEGs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 37 OP-4 -Installation Interval Purpose: Evaluates the timeliness of Qwest's installation of services for customers, focusing on the average time to install service. Description: Measures the average interval (in business da s) NOTE 1 between the a lication date and the completion date for service orders accepted and implemented. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period , subject to exclusions specified below. Change order types for additional lines consist of all C orders representing inward activit Intervals for each measured event are counted in whole days: the application date is day zero (0); the day following the application date is day one (1). . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (ab subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date , if any. N TE 2 . Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest-initiated due date, if any, followin~ the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE Reporting Period: One month I Unit of Measure: Average Business DaysReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-TypeCLEC Disaggregation" will be reported according to orders involving: aggregate, OP-4A Dispatches within MSAs;individual CLEC OP-4B Dispatches outside MSAs; andand Qwest OP-4C No dispatches. Retail results Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations: OP-4D In Interval Zone 1 areas; and OP-4E In Interval Zone 2 areas. Formula: 2:((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period lanation: The average installation interval is derived by dividing the sum of installation intervals for all orders (in business days) NOTE 1 by total number of service orders completed in the reporting period. Exclusions: Orders with customer requested due dates greater than the current standard interval. . Disconnect, From (another form of disconnect) and Record order types. Records involving official company services. . Records with invalid due dates or application dates. Records with invalid completion dates. Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 38 OP-4 -Installation Interval (continued) Product Reportina:Standards: MSA- Tvee Disaaareaation Resale Residential sinqle line service Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed Parity with retail service provisioning) Basic ISDN (non-designed provisioninq)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting 3 days Loop Splittinq NOTE 3 Diagnostic Line Sharing 3 days Sub-Loop Unbundling CO: 6 days All Other States: Diagnostic Zone-Tyee Disaaareaation Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN(designed provisioning)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (a~mreqate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with DS 1 Private Line Service UDIT - Above DS1 level Parity with Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analoq Loop 6 days Non-loaded Loop (2-wire)6 days Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS 1-capable Loop Idaho, Iowa, Montana , Nebraska, North Dakota, Oregon , Wyoming: Parity with retail DS 1 Private Line Arizona , Colorado, Minnesota, New Mexico South Dakota, Utah, Washington: 5 days xDSL-capable Loop 6 days ISDN-capable Loop Parity with retail ISDN BRI (designed) ADSL-qualified Loop 6 days Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) Dark Fiber - Loop Diagnostic Loops with Conditioning 15 days Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 39 OP-4 - Installation Interval (continued) E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 6 days level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available For OP-, Saturday is counted as a business day for all orders for Resale Residence , Resale Business , and UNE-P (POTS), as well as for the retail analogues specified above as standards. For all other products under OP-4C and for all products under OP-4A, - , and -4E. Saturday is counted as a business day when the service order is due or completed on Saturday. According to this definition, the Applicable Due Date can change per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (i.e., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest- initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest-initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer- initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval , and customer-initiated impacts on intervals are not counted in the reported interval. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 40 OP-5 - New Service Quality Purpose: Evaluates the quality of ordering and installing new services (inward line service orders), focusing on the percentage of newly-installed service orders that are free of GLEG/customer-initiated trouble reports during the provisioning process and within 30 calendar days following installation completion , and focusing on the quality of Qwest's resolution of such conditions with respect to multiple reports. Description: Measures two components of new service provisioning quality (OP-5A and -5B) and also reports a combined result (OP-5T), as described below, each as a percentage of all inward line service orders completed in the reporting period that are free of GLEG/customer-reported provisioning and repair trouble reports, as described below. Also measures the percentage of all provisioning and repair trouble reports that constitute multiple trouble reports for the affected service orders. (OP-5R) Orders for new services considered in calculating all components of this performance indicator are all inward line service orders completed in the reporting period , including Ghange (G-type) orders for additional lines/circuits, subject to exclusions shown below. Ghan~e order types considered in these measurements consist of all G orders representing inward activity. OTE 1 Orders for new service installations include conversions (Retail to GLEG, GLEG to GLEG , and same GLEG converting between products). Provisioning or repair trouble reports include both out of service and other service affecting conditions such as features on a line that are missing or do not function properly upon conversion, subject to exclusions shown below. OP-New Service Installation Quality Reported to Repair Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2 within 30 calendar days of installation completion, subject to exclusions below. Repair trouble reports are defined as GLEG/customer notifications to Qwest of out-of-service and other service affecting conditions for which Qwest opens repair tickets in its maintenance and repair management and tracking systems NOTE 3 that are closed in the reporting period or the following month, NOTE 4 subject to exclusions shown below. NOTE 5 Qwest is able to open repair tickets for repair trouble reports received from GLEGs/customers once the service order is completed in Qwest's systems. OP-New Service ProvisioninQ Quality Measures the percentage of inward line service orders that are free of provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion, subject to exclusions shown below. Provisioning trouble reports are defined as GLEG notifications to Qwest of out of service or other service affecting conditions that are attributable to provisioning activities, including but not limited to LSR/service order mismatches and conversion outages. For provisioning trouble reports , Qwest creates call center tickets in its call center database. Subject to exclusions shown below, call center tickets closed in the reporting period or the following month NOTE 4 are captured in this measurement. Gall center tickets closed to Network reasons will not be counted in OP-5B when a repair trouble report for that order is captured in OP-5A. NOTE 5, 6 OP-5T: New Service Installation Quality Total Measures the percentage of inward line service orders that are free of repair or provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion, subject to exclusion shown below. OP-5R: New Service Quality Multiple Report Rate Evaluates the quality of Qwest's responses to repair and provisioning trouble reports for inward line service orders completed in the reporting period. This measurement reports, for those service orders that were not free of repair or provisioning trouble reports in OP-5A or OP-, the percentage of trouble reports affecting the same service orders that were followed by additional repair and provisioning trouble reports, as specified below. Measures the percentage of all repair and provisioning trouble reports considered in OP-5A and OP-5B that are additional repair or provisioning trouble reports received by Qwest for the same service order durinq the provisioninq process or within 30 calendar days followinq installation Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 41 OP- 5 - New Service Quality (continued) completion. Additional repair or provisioning trouble reports are defined as all such reports that are received following the first report (whether the first report is represented by a call center ticket or a repair ticket) relating to the same service order during the provisioning process or within 30 calendar days following installation completion. In all cases, the trouble reports counted are those that are defined for OP-5A and OP-5B above. NOTE Reporting Period: One month, reported in arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-day period followinq installation. Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level individual CLEC and Qwest Retail results Formulas: OP-5A = (Number inward line service orders completed in the reporting period - Number of inward line service orders with any re air trouble re orts as specified above) + (Number of inward line service orders completed in the reporting period) x 100 Unit of Measure: Percent OP-5B = (Number of inward line service orders completed in the reporting period - Number of inward line service orders with any rovisionin trouble re orts as specified above) + (Number of inward line service orders completed in the reporting period) x 100 OP-5T = ((Number of inward line service orders completed in the reporting period) - Number of inward line service orders with re air or rovisionin trouble re orts as defined above under OP-5A or OP- as applicable) + (Number of inward line service orders completed in the reporting period) x 100 OP-5R = (Number of all repair and provisioning trouble reports, relating to inward line service orders closed in the reporting period as defined above under OP-5A or OP-, that constitute additional repair and provisioning trouble reports , within 30 calendar days following the installation date + Number of all repair and provisioning trouble reports relating to inward line service orders closed In the reporting period, as defined above under OP-5A or OP-5B) x 100 Exclusions: licable to OP-OP-5T and OP-5R: Repair trouble reports attributable to CLEC or coded to non-Qwest reasons as follows: For products measured from MTAS data , repair trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction , Carrier, Alternate Provider); and Reports from other than the GLEe/customer that result in a charge if dispatched. For products measured from WFA (Workforce Administration) data, repair reports coded to codes for: Carrier Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer requested service order activity; and Other non-Qwest. Repair reports coded to disposition codes for referral to another department (i.e., for non-repair ticket resolutions of non-installation-related problems, except cable cuts, which are not excluded). licable to OP-OP-5T and OP-5R onl Provisioning trouble reports attributable to CLEC or non-Qwest causes. Call center tickets relating to activities that occur as part of the normal process of conversion (Le., while Qwestis actively and properly engaged in process of converting or installing the service). Provisioning trouble reports involving service orders that, at the time of the calls, have fallen out for manual handling and been disassociated from the related service order, as applicable, will be considered as not in the normal process of conversion and will not be excluded. licable to OP-OP-OP-5T and OP-5R: Repair or provisioning trouble reports related to service orders captured as misses under measurements OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness). Subsequent repair or provisioning trouble reports of any trouble on the installed service before the original repair or provisioning trouble report is closed. Service orders closed in the reporting period with App Dates earlier than eight months prior to the Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 42 OP- 5 - New Service Quality (continued) beginning of the reporting period. Information tickets generated for internal Qwest system/network monitoring purposes. . Disconnect, From (another form of disconnect) and Record order types. When out of service or service affecting problems are reported to the call center on conversion and move requests, the resulting call center ticket will be included in the calculation of the numerator in association with the related inward order type even when the call center ticket reflects the problem was caused by the Disconnect or From order. Records involving official Qwest company services. Records missinq data essential to the calculation of the measurement as defined herein. Product Reporting Categories: Standards: As specified below - one OP-5A: percentage result reported for OP-5B: each bulleted category under OP-5T: the sub-measurements shown. OP-5R: Parity with retail service 96. Diagnostic Diagnostic for six months following first reporting. Possible standard (TBD) (Where parity comparisons involve multiple service varieties in a product category, weighting based on the retail analogue volumes may be used if necessary to create a comparison that is not affected different proportions of wholesale and retail analogue volumes in the same reporting category. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 43 OP- 5 - New Service Quality (continued) Product Reporting:Standards: Reoorted under OP-OP-5B OP-5T and OP-5R: OP-OP-OP-5T & OP- Resale Residential single line Parity with retail service 96.Diagnostic service Business single line Parity with retail service 96.Diagnostic service Centrex Parity with retail service 96.Diaqnostic Centrex 21 Parity with retail service 96.Diagnostic PBX Trunks Parity with retail service 96.Diagnostic Basic ISDN Parity with retail service 96.Diagnostic Primary ISDN Parity with retail service 96.Diagnostic DSO Parity with retail service 96.Diagnostic DS1 Parity with retail service 96.Diagnostic DS3 and higher bit-Parity with retail service 96.Diagnostic rate services (aqqreqate) Frame Relav Parity with retail service Diagnostic Diagnostic Unbundled Network Parity with like retail 96.Diagnostic Element - Platform service (UNE-P) (POTS) Unbundled Network Parity with retail Centrex 96.Diagnostic Element - Platform (UNE-P) (Centrex 21 ) Unbundled Network Parity with retail Centrex 96.Diagnostic Element - Platform (UNE-P) (Centrex) Line Splitting Parity with retail RES &96.Diagnostic BUS POTS Loop Splitting NUIU Diagnostic Diaqnostic Diagnostic Line Sharing Parity with retail RES &96.Diagnostic BUS POTS Sub-Loop Unbundling Diagnostic Diagnostic Diagnostic Unbundled Loops: Analog Loop Parity with retail Res &96.Diagnostic Bus POTS with dispatch Non-loaded Loop (2-Parity with retail ISDN 96.Diagnostic wire)BRI (desiqned) Non-loaded Loop (4-Parity with retail DS1 96.Diagnostic wire) DS1-capable Loop Parity with retail DS1 96.Diagnostic xDSL-capable Loop Parity with retail OS 1 96.Diagnostic Private Line ISDN-capable Loop Parity with retail ISDN 96.Diagnostic BRI (designed) ADSL-qualified Loop Parity with retail ISDN 96.Diagnostic BRI (designed) Loop types of DS3 and Parity with retail DS3 96.Diagnostic higher bit-rates and higher bit-rate (aggregate)services (aggregate) Dark Fiber - Loop Diagnostic Diagnostic Diagnostic Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 44 OP- 5 - New Service Quality (continued) Enhanced Extended Loops Diagnostic until volume 96.Diagnostic (EELs) - (DSO level)criteria are met Enhanced Extended Loops Parity with retail OS 1 96.Diagnostic (EELs) - (DS1 level)Private Line Enhanced Extended Loops Diagnostic until volume 96.Diagnostic (EELs) - (above DS1 criteria are met level) Reported under OP-5A and under OP-5R (per OP-5A specifications): OP-OP- LIS Trunks Parity with Feature Diagnostic Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT (DS1 Level)Parity with Retail Private Diagnostic Lines (DS1) UDIT (Above DS1 Level)Parity with Retail Private Diagnostic Lines (Above DS1 level) Dark Fiber - IOF Diagnostic Diagnostic E911/911 Trunks Parity with Retail Diagnostic E911/911 Trunks Availability:Notes: The specified Change order types representing inward activity exclude Change Available orders that do not involve installation of lines (in both wholesale and retail results). Specifically this measurement does not include changes to existing lines , such as number changes and PIC changes. Including consideration of repeat repair trouble reports (i.e., additional reports of trouble related to the same newly-installed line/circuit that are received after the preceding repair report is closed and within 30 days following installation completion) to complete the determination of whether the newly-installed line/circuit was trouble free within 30 days of installation. Qwest's repair management and tracking systems consist of WFA (Work Force Administration), MTAS (Maintenance Tracking and Administration System), and successor repair systems , if any, as applicable to obtain the repair report data for this measurement. Not included are Call Center Database systems supporting call centers in logging calls from customers regarding problems or other inquiries (see OP-5B and OP-5T). The "following month" includes also the period of a few business da s (typically four or five) afterward , up to the time when Qwest pulls the repair data to begin processing results for this measurement. Includes repair and provisioning trouble reports generated by new processes that supersede or supplement existing processes for submitting repair and provisioning trouble reports as specified in Qwest's documented or agreed upon procedures. For purposes of calculating OP-, a call center ticket for multiple orders with provisioning trouble reports will result in all orders reporting trouble counting as a miss in OP-5B. If a repair trouble report(s) is received for the same orders, the number of orders counted as a miss in OP-5B for Network reasons will be reduced by the number of orders with repair troubles counted as a miss in OP-5A. OP-5R will be counted on a per ticket basis. Reporting will begin at the time CLECs order the product , in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 45 OP-- Delayed Days Purpose: Evaluates the extent Qwest is late in installing services for customers, focusing on the average number of days that late orders are completed beyond the committed due date. Description: OP-6A - Measures the average number of business da s NOTE 1 that service is delayed beyond the Applicable Due Date for non-facility reasons attributed to Qwest. Includes all inward orders (Change, New, and Transfer order types) that are completed/closed during the reporting period, later, due to non-facility reasons , than the Applicable Due Date recorded by Qwest, subject to exclusions specified below. OP-6B - Measures the average number of business days NOTE 1 that service is delayed beyond the Applicable Due Date for facility reasons attributed to Qwest. Includes all inward orders (Change , New, and Transfer order types) that are completed/closed during the reporting period later due to facility reasons than the original due date recorded by Qwest, subject to exclusions specified below. For both OP-6A and OP-6B: . Change order types for additional lines consist of "c" orders representing inward activit . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 2 Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date , if any, following the Applicable Due Date, from the subsequent customer-initiated due date , if any. NOTE 2 Reporting Period: One month I Unit of Measure: Average Business DaysReporting Disaggregation Reporting: Statewide level. Comparisons: . Results for products/services listed under Product Reporting under "MSA-type CLEC aggregate, Disaggregation" will be reported for OP-6A and OP-6B according to ordersindividual CLEC involving: and Qwest Retail 1. Dispatches within MSAs;results 2. Dispatches outside MSAs; and3. No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations:4. In Interval Zone 1 areas; and5. In Interval Zone 2 areas. Formula: OP-6A = D(Actual Completion Date of late order for non-facility reasons) - (Applicable Due Date of late order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) -;- (Total Number of Late Orders for non-facility reasons completed in the reporting period) OP-6B = D(Actual Completion Date of late order for facility reasons) - (Applicable Due Date of late order)) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date) -;- (Total Number of Late Orders for facility reasons completed in the reporting period) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 46 op. 6 - Delayed Days (continued) Exclusions: Orders affected only by delays that are solely for customer and/or CLEC reasons. Disconnect, From (another form of disconnect) and Record order types. Records involving official company services. Records with invalid due dates or a lication dates. Records with invalid completion dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Product Reporting:I Standards: MSA-Tvce Disaaareaation Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-designed provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed provisioning)Parity with retail service Basic ISDN (non-designed provisioning)Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail Res and Bus POTS Loop Splitting NOTE 3 Diagnostic Line Sharinq Parity with retail Res and Bus POTS Sub-Loop Unbundling Diagnostic Zone-tvce Disaaareaation Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT UDIT - DS1 level Parity with retail DS1 Private Line- Service UDIT - Above DS1 level Parity with retail Private Line- Services above OS level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS with dispatch Non-loaded Loop (2-wire)Parity with retail ISDN BRI desiqned Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-1 capable Loop Parity with retail ISDN BRI desiqned ISDN-capable Loop Parity with retail ISDN BRI desiqned ADSL-qualified Loop Parity with retail ISDN BRI designed Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 47 OP- 6 - Delayed Days (continued) Dark Fiber - Loop Diaqnostic E911/911 Trunks Parity with retail E911 /911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 OP-6A: Parity with retail DS1 Private Line level)OP-6B: Diagnostic Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available For OP-6A-3 and OP-6B-, Saturday is counted as a business day for all orders for Resale Residence, Resale Business , and UNE- (POTS), as well as for the retail analogues specified above as standards. For all other products under OP-6A-3 and OP-6B-3, and for all products under OP-6A- , - 6A- , - 6A- , - 6A- , - 6B- , - 6B- , - 6B-, and -6B-, Saturday is counted as a business day when the service order is due or completed on Saturday. According to this definition, the Applicable Due Date can change, per successive customer-initiated due date changes or delays , up to the point when a Qwest-initiated due date change occurs. At that point the Applicable Due Date becomes fixed (i.e., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest- initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 48 OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop Purpose: Evaluates the duration of completing coordinated "hot cuts" of unbundled loops, focusing on the time actually involved in disconnecting the loop from the Qwest network and connecting/testing the loop. Description: Measures the average time to complete coordinated "hot cuts" for unbundled loops, based on intervals beginning with the "lift" time and ending with the completion time of Qwest's applicable tests for the loop. Includes all coordinated hot cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. Hot cut" refers to moving the service of existing customers from Qwest's switch/frames to the CLEC's equipment, via unbundled loops, that will serve the customers. Lift" time is defined as when Qwest disconnects the existing loop. Completion time" is defined as when Qwest completes the applicable tests after connecting the 1000 to the CLEC. Reporting Period: One month Unit of Measure: Hours and Minutes Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate and individual CLEC results Formula: I(Completion time - Lift time) + (Total Number of unbundled loops with coordinated cutovers completed in the reporting period) Exclusions: Time intervals associated with GLEe-caused delays. Records missing data essential to the calculation of the measurement per the PID. Invalid start/stop dates/times or invalid scheduled date/times. Product Reporting: Coordinated Unbundled Standard: Loops - Reported separately for:CO: 1 hour Analog Loops All Other States: Diagnostic in light of OP- All other Loop Types (Coordinated Cuts On Time) Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 49 OP-8 - Number Portability Timeliness Purpose: Evaluates the timeliness of cutovers of local number portability (LNP). Description: OP-8B - LNP Timeliness with Loop Coordination (percent).: Measures the percentage of coordinated LNP triggers set prior to the scheduled start time for the loop. All orders for LNP coordinated with unbundled loops that are completed/closed during the reporting period are measured , subject to exclusions specified below. OP-8C - LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as applicable. All orders for LNP for which coordination with a loop was not requested that are completed/closed during the reporting period are measured (including standalone LNP coordinated with other than Qwest-provided Unbundled Loops and non-coordinated standalone LNP), subject to exclusions specified below. . For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "10-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time used in this measurement will be no later than the "lay" time for the loop. Reporting Period: One month Unit of Measure: Percent of triggers set on time Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: OP-8B = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) -i- (Total Number of LNP activations coordinated with unbundled loops completed)) x 100 Disaggregation Reporting: Statewide level. OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) -i- (Total Number of LNP activations without loopcutovers completed)) x 100 Exclusions: GLEe-caused delays in trigger setting. LNP requests that do not involve automatic triggers (e., DID lines without separate , unique telephone numbers and Centrex 21). LNP requests for which the records used as sources of data for these measurements have the following types of errors: Records with no paN (purchase order number) or STATE. Records where triggers cannot be set due to switch capabilities. Records with invalid due dates, a lication dates , or start dates. Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID. Invalid start/stop dates/times or invalid frame due or scheduled date/times. Product Reporting: None Standard:95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 50 OP-13 - Coordinated Cuts On Time - Unbundled Loop Purpose: Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time , focusing on cuts completed within one hour of the committed order due time and the percent that were started without CLEC approval. Description: Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. . OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled loops that are started and completed on time. For coordinated loop cuts to be counted as " time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the CLEC with completion information, all within one hour of the time interval defined by the committed order due time. . OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are actually started without CLEC approval. . " Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated appointment time. . The "committed order due time" is based on the number and type of loops involved in the cut and is calculated by adding the applicable time interval from the following list to the scheduled start time: Analog unbundled loops: 1 to 16 lines: 1 Hour 17 to 24 lines: 2 Hours 25+ lines: Project* All other unbundled loops: 1 to 5 lines: 1 Hour 6 to 8 lines: 2 Hours 9 to 11 lines: 3 Hours 12 to 24 lines: 4 Hours 25+ lines: Project* For Pro ects scheduled due dates and scheduled start times will be negotiated between CLEC and Qwest, but no committed order due time is established. Therefore , projects are not included in OP-13A (see exclusion below). . " Stop" time is defined as when Qwest notifies the CLEC that the Qwest physical work and the appropriate tests have been successfully accomplished , including the Qwest portion of any coordinated LNP orders. . Time intervals following the scheduled start time or during the cutover process associated with customer-caused delays are subtracted from the actual cutover duration. . Where Qwest's records of completed coordinated cut transactions are missing evidence of CLEC approval of the cutover, the cut will be counted as a miss under both OP-13A and OP-13B. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate and individual CLEC Results for this measurement will be reported according to:results OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC Approval Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 51 OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued) Formula: OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time ) -+ (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occurs without CLEC approval) -+ (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 Exclusions: Applicable to OP-13A: . Loop cuts that involve CLEC-requested non-standard methodologies, processes , or timelines. OP-13A & OP-13B: . Records with invalid completion dates. Records missing data essential to the calculation of the measurement per the PID which are not otherwise designated to be "counted as a miss Invalid start/stop dates/times or invalid scheduled date/times. Proiects involvinq 25 or more lines. Product Reporting: Coordinated Unbundled Loops - Reported separately for: . Analog Loops All Other Loops Standards: OP-13A: AZ: 90 Percent or more All Other States: 95 Percent or more Availability: OP-13B: Diagnostic Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 52 OP-15 -Interval for Pending Orders Delayed Past Due Date Purpose: Evaluates the extent to which Qwest's pending orders are late , focusing on the average number of days the pendinq orders are delayed past the Applicable Due Date, as of the end of the reporting period. Description: OP-15A - Measures the average number of business da s that pending orders are delayed beyond the Applicable Due Date for reasons attributed to Qwest. Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable Due Date recorded by Qwest has been missed , subject to exclusions specified below. Change order types included in this measurement consist of all "Cn orders representing inward activit . The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is ~a) subsequent to the original due date and (b) prior to a Qwest-initiated , changed due date, if any. NOTE . Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date , as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE 1 OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed for Qwest facility reasons. Reporting Period: One month Reporting Comparisons: CLEC aggregate, individual CLEC , Qwest retail Unit of Measure: OP-15A - Average Business Days NOTE OP-15B - Number of orders pendinq facilities Disaggregation Reporting: Statewide Formula: OP-15A = I((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) -i- (Total Number of Pending Orders Delayed for Qwest reasons as of the last day of Reporting Period) OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Qwest facility reasons Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Records involving official company services. . Records with invalid due dates or a lication dates. . Records with invalid product codes. . Records missinq data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 53 OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Product Reporting:Standards: OP-15B = diagnostic only For OP-15A: Resale Residential single line service DiaQnostic Expectation: Parity with retail service Business sinQle line service DiaQnostic Expectation: Parity with retail service Centrex Diagnostic Expectation: Parity with retail service Centex 21 DiaQnostic Expectation: Parity with retail service PBX Trunk Diaqnostic Expectation: Parity with retail service) Basic ISDN Diaqnostic Expectation: Parity with retail service Primary ISDN Diagnostic Expectation: Parity with retail service DSO Diagnostic Expectation: Parity with retail service) DS1 Diagnostic Expectation: Parity with retail service DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service) (aggregate) Frame Relay DiaQnostic Expectation: Parity with retail service) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail service) (UNE-P) (POTS) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex 21) (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex) (UNE-P) (Centrex) Line Splitting Diagnostic (Expectation: Parity with retail Res and Bus POTS) Loop Splittinq NOTE 3 Diagnostic Line Sharing Diagnostic (Expectation: Parity with retail Res and Bus POTS) Sub-Loop Unbundling Diagnostic LIS Trunks Diagnostic (Expectation: Parity with Feature Group 0 (aqqreqate)) (separately reported) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Diagnostic (Expectation: Parity with DS1 Private Line- Service) UDIT - Above DS1 level Diagnostic (Expectation: Parity with Private Line- Services above DS1 level) Dark Fiber - IOF DiaQnostic Unbundled Loops: Analog Loop Diagnostic (Expectation: Parity with retail Res and Bus POTS with dispatch) Non-loaded Loop (2-wire)Diagnostic (Expectation: Parity with retail ISDN BRI (designed)) Non-loaded Loop (4-wire)Diagnostic Expectation: Parity with retail DS1) DS1-capable Loop Diagnostic Expectation: Parity with retail DS1) ISDN-capable Loop Diagnostic (Expectation: Parity with ISDN BRI (desiQned)) ADSL-qualified Loop Diagnostic (Expectation: Parity with retail ISDN BRI (designed)) Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and (aggregate)higher bit-rate services (aqqreqate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911 Trunks) Enhanced Extended Loops (EELs)Diagnostic Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 54 OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Availability: Available Notes: 1. According to this definition , the Applicable Due Date can change, per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (i.e., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval. 2. For OP-15A, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business , and UNE-P (POTS), as well as for non-dispatched orders in the retail analogues specified above as standards. For all other non-dispatched products and for all dispatched products under OP-15A, Saturday is not counted as a business day.3. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 55 OP-17 - Timeliness of Disconnects associated with LNP Orders Purpose: Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to which porting occurs without implementing associated disconnects before the scheduled time/date. Description: OP-17 A Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Focuses on disconnects associated with timely GLEG requests for delaying the disconnects or no requests for delays. The scheduled time/date is defined as 11 :59 p.m. on (1) the due date of the LNP order recorded by Qwest or (2) the delayed disconnect date requested by the GLEG, where the GLEG submits a timely request for delay of disconnection. - A GLEG request for delay of disconnection is considered timely if received by Qwest before 8:00 m. MT on the current due date of the LNP order recorded by Qwest. OP-17B Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. Includes only disconnects associated with untimely GLEG requests for delaying the disconnects. A GLEG request for delay of disconnection is considered "untimely" if received by Qwest after 8:00 p.m. MT on the current due date of the LNP order recorded by Qwest and before 12:00 p.m. MT (noon) on the day after the current due date. Disconnects are defined as the removal of switch translations, including the 1 O-digit trigger. Disconnects that are implemented early, and thus counted as a "miss" under this measurement, are those that the GLEG identifies as such to Qwest via trouble reports, within four calendar days of the actual disconnect date, that are confirmed to be caused by disconnects being made before the scheduled time. Includes all GLEG orders for LNP TNs completed in the reporting period , subject to exclusions specified below. Reporting Period: One month Unit of Measure:Percent Reporting Comparisons: GLEG Aggregate and Individual GLEG Formula: ((Total number of LNP TNs ported pursuant to orders completed in the reporting period - Number of TNs with qualifying trouble reports notifying Qwest that disconnection before the scheduled time has occurred) -i- Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100 Disaggregation Reporting:Statewide Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 56 OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17A only Trouble reports notifying Owest of early disconnects associated with situations for which the CLEC has failed to submit timely requests to have disconnects held for later implementation. OP-17A & B Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. LNP requests that do not involve automatic triggers (e., DID lines without separate, unique TNs and Centrex 21). Records with invalid trouble receipt dates. Records with invalid cleared, closed or due dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. OP-17B only Trouble reports notifying Owest of early disconnects associated with situations for which the CLEC did not submit its untimely requests by 12:00 p.m. MT (noon) on the day after the LNP due date to have disconnects held for later implementation. Product Reporting:LNP Standards: OP-17 A - 98.25% OP-17B - Diagnostic only, in light of its measuring only requests for delay of disconnect that are defined as untimely. Availability:Notes: Available Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 57 Maintenance and Repair MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center Purpose: Evaluates Customer access to Qwest's Interconnection and/or Retail Repair Center(s), focusing on the number of calls answered within 20 seconds. Description: Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20 seconds of the first ring. Includes all calls to the Interconnect Repair Center during the reporting period , subject to exclusions specified below. First ring is defined as when the customer s call is first placed in queue by the ACD (Automatic Call Distributor). Answer is defined as when the call is first picked up by the Qwest agent. Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail levels. Formula: ((Total Calls Answered by Center within 20 seconds) -i- (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU (Voice Response Unit) is not counted. Product Reporting: None Standard: Parity Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 58 MR-3 - Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of- service trouble reports were cleared within the standard estimate for specified services (i.e., 24 hours for out-of-service conditions). Description: Measures the percentage of out of service trouble reports , involving specified services, that are cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period, which involve a specified service that is out-of-service (i.e., unable to place or receive calls), subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be disaggregated and reported according to troubleindividual CLEC reports involving:and Qwest Retail MR-3A Dispatches within MSAs;results MR-3B Dispatches outside MSAs; and MR-3C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-3D In Interval Zone 1 areas; and MR-3E In Interval Zone 2 areas. Formula: ((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24 hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch , non-Qwest (includes CPE Customer Instruction , Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 59 MR-3 - Out of Service Cleared within 24 Hours (Continued) Product Reporting:Standards: MSA-Tvce Disaaareaation Resale Residential sinqle line service Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail RES and BUS POTS Loop Splitting NUTE 1 Diagnostic Line Sharing Parity with retail RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic Zone-tvce Disaaareaation Unbundled Loops Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI (desiqned) xDSL-1 capable Loop Parity with retail OS 1 Private Line ISDN-capable Loop Parity with ISDN-BRI (designed) ADSL-qualified Loop Parity with retailISDN-BRI (designed) Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 60 MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out of service and service affecting) and on the number of such trouble reports cleared within the standard estimate for specified services- (i.e., 48 hours for service-affectinq conditions). Description: Measures the percentage of trouble reports , for specified services , that are cleared within 48 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period , which involve a specified service subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be disaggregated and reported according to troubleindividual CLEC reports involving:and Qwest Retail MR-4A Dispatches within MSAs;results MR-4B Dispatches outside MSAs; and MR-4C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-4D In Interval Zone 1 areas; and MR-4E In Interval Zone 2 areas Formula: ((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) c- (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. . Records missinq data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 61 MR-4 - All Troubles Cleared within 48 Hours (Continued) Product Reporting:Standards: MSA-Tvpe Disaaareaation Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splittinq Parity with retail RES and BUS POTS Loop Splitting NOTE 1 Diagnostic Line Sharing Parity with retail RES and BUS POTS Sub-Loop Unbundlinq Diagnostic Zone-Tyee Disaaareaation Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI (designed) xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retailISDN-BRI (desiqned) ADSL-qualified Loop Parity with retailISDN-BRI (desiqned) Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 62 MR-5 - All Troubles Cleared within 4 hours Purpose: Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types (including out of service and service affecting troubles) and on the number of such trouble reports cleared within the standard estimate for specified services (i.e., 4 hours). Description: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers. Includes all trouble reports, closed during the reporting period , which involve a specified service subject to exclusions specified below. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: Statewide level. CLEC aggregate , individual Results for listed products will be disaggregated according to trouble GLEC and Qwest Retail results reports: MR-In Interval Zone 1 areas; and MR-In Interval Zone 2 areas. Formula: ((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) -;- (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured using WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Time delays due to "no access" are excluded from repair time. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 63 MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-Type Disaggregation Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aqqreqate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT UDIT - DS1 level Parity with DS1 Private Line Service UDIT - Above DS1 level Parity with Private Line Services above DS1 level Unbundled Loops: Non-loaded Loop (4-wire)Parity with retail DS1 DS1-capable Loop Parity with retail DS1 Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 64 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusing how long it takes to restore services to proper operation. Description: Measures the time actually taken to clear trouble reports. Includes all trouble reports closed during the reporting period , subject to exclusions specified below. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be reported according to trouble reports involving:individual CLEC MR-6A Dispatches within MSAs;and Qwest Retail MR-6B Dispatches outside MSAs; andresults MR-6C No dispatches. Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to trouble reports involving: MR-6D In Interval Zone 1 areas; and MR-6E In Interval Zone 2 areas. Formula: L:((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of Trouble Reports closed in the reporting period) Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE , Customer Instruction , Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Trouble reports from MTAS or WFA that are coded as No Trouble Found or Test Okay and with durations of less than or equal to 1 hour. Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving official company services. . Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missinq data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 65 MR-6 - Mean Time to Restore (Continued) Product Reportin~:Standards: MSA-TvDe Disaaareaation - Resale Residential sinQle line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) Line Splitting Parity with retail RES and BUS POTS Loop SplittinQ NOTE 1 Diagnostic Line Sharing Parity with retail RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic Zone-Tyee Disaaareaation - Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS1 level Dark Fiber - IOF Diaqnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI (designed) Non-loaded Loop (4-wire)Parity with retail DS1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retail ISDN BRI (designed) ADSL-qualified Loop Parity with retail ISDN BRI (desiQned) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911/911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 66 MR-6 - Mean Time to Restore (Continued)Availability: Notes:Available 1. Reporting will begin at the time GLEGs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 67 MR-? - Repair Repeat Report Rate Purpose: Evaluates the accuracy of repair actions, focusing on the number of re eated trouble re orts received for the same line/circuit within a specified period (30 calendar days). Description: Measures the percentage of trouble reports that are repeated within 30 days on end user lines and circuits. Includes all trouble reports closed during the reporting period that have a repeated trouble report received within thirty (30) days of the initial trouble report for the same service (regardless of whether the report is about the same type of trouble for that service), subject to exclusions specified below. In determining same service Qwest will compare the end user telephone number or circuit access code of the initial trouble reports closed during the reporting period with reports received within 30 days of when the initial trouble report closed. Includes reports due to Qwest network or system causes, customer-direct and customer-relayed reports. . The 30-day period applied in the numerator of the formula below is from the date and time that the initial trouble report is closed to the date and time that the next, or "repeat" trouble report is received (i.e., opened). Reporting Period: One month, reported in arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-day period followinq the initial trouble report.Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for producUservices listed in Product Reporting under "MSA-TypeCLEC Disaggregation" will be reported according to trouble reports involving: aggregate , MR-7A Dispatches within MSAs;individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches. Qwest Retail Results for products/services listed in Product Reporting under "Zone-typeresults Disaggregation" will be disaggregated according to trouble reports involving: MR-7D In Interval Zone 1 areas; and MR-7E In Interval Zone 2 areas. Unit of Measure: Percent Formula: ((Total trouble reports closed within the reporting period that had a repeated trouble report received within 30 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports Closed in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 68 MR-7 - Repair Repeat Report Rate (Continued) Records with invalid cleared or closed dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID. Product Reporting:Standards: MSA-TvDe Disaaareaation Resale Residential sinqle line service Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform (UNE-Parity with retail Centrex P) (Centrex) Line Splitting Parity with retail Res and Bus POTS Loop Splitting NOTE 1 Diagnostic Line Sharing AZ & CO: Parity with retail Res and Bus POTS All Other States: Diagnostic Comparison with retail Res and Bus POTS Sub-Loop Unbundling CO: Parity with Retail ISDN-BRI All Other States: Diaqnostic Zone-Tyee Disaaareaation Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desiqned) Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retail ISDN BRI (desiqned) ADSL-qualified Loop Parity with retail ISDN BRI (desiqned) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aqqreqate)Line services (aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGA T Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 69 MR-7 - Repair Repeat Report Rate (Continued) Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Targeted availability with July 2004 Reporting will begin at the time GLEGs order results reported in September 2004 the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 70 MR-8 - Trouble Rate Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by product and compares them to the number of lines in service. Includes all trouble reports closed during the reporting period , subject to exclusions specified below. Includes all applicable trouble reports, including those that are out of service and those that are only service-affectinq. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLEC and Qwest Retail results Formula: ((Total number of trouble reports closed in the reporting period involving the specified service grouping) + (Total number of the specified services that are in service in the reporting period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data , trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch , non-Qwest (includes CPE , Customer Instruction, Carrier, Alternate Provider). For products measured from WFA data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Qwest system/network monitoring purposes. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 71 MR-8 - Trouble Rate (continued) Product Reporting:Standards: Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (agqreqate) Frame Relay Parity with retail service Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS) Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) Unbundled Network Element -Parity with retail Centrex Platform(UNE-P) (Centrex) Line Splitting Parity with retail RES and BUS POTS Loop Splitting NO I t: 1 Diagnostic Line Sharing Parity with retail RES and BUS POTS Sub-Loop Unbundling CO: Parity with retailISDN-BRI All Other States: Diagnostic LIS Trunks Parity with Feature Group 0 (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line Service UDIT - Above DS1 level Parity with retail Private Lines above OS 1 level Dark Fiber - IOF Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI (designed) Non-loaded Loop (4-wire)Parity with retail DS1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retail ISDN BRI (designed) ADSL-qualified Loop Parity with retail ISDN BRI (designed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) Dark Fiber - Loop Diagnostic E911/911 Trunks Parity with retail E911 /911 Trunks Enhanced Extended Loops (EELs) - (DSO Diagnostic level) Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level) Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 72 MR-8 - Trouble Rate (continued) Availability: Available Notes:1. Reporting will begin at the time GLEGs order the product, in any quantity, for three consecutive months. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 73 MR-9 - Repair Appointments Met Purpose: Evaluates the extent to which Owest repairs services for Customers by the appointment date and time. Description: Measures the percentage of trouble reports for which the appointment date and time is met. Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Time measured is from date and time that Owest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level. Comparisons: CLEC Results for listed services will be disaggregated and reported aggregate, individual according to trouble reports involving: CLEC and Owest Retail MR-9A Dispatches within MSAsresults MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Trouble reports coded as follows: For products measured from MTAS data , trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider). . Subsequent trouble reports of any trouble before the original trouble report is closed. Information tickets generated for internal Owest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time by using the rescheduled appointment time to determine if the repair appointment is met. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missinq data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Parity Resale: Residential single line service Business single line service Centrex Centrex 21 PBX Trunks Basic ISDN Unbundled Elements - Platform (UNE- (POTS) Availability:Notes: Available Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 74 MR-10 Customer and Non-Qwest Related Trouble Reports Purpose: Evaluates the extent that trouble reports were customer related , and provides diagnostic information to help address potential issues that might be raised by the core maintenance and repair performance indicators. Description: Measures the percentage of all trouble reports that are attributed to the customer as a percentage of all trouble reports resolved during the reporting period, subject to exclusions specified below. Includes trouble reports closed during the reporting period coded as follows: For products measured from MTAS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non- Dispatch, non-Qwest (includes CPE , Customer Instruction, Carrier, Alternate Provider) and trouble reports involving a "no access" delay for MSA type disaggregated products. For products measured from WFA (Workforce Administration) data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLEC and Qwest Retail results Formula: ((Number of Trouble Reports coded to disposition codes specified above) + (Total Number of Trouble Reports Closed in the Reporting Period)) x 100 Exclusions: Subsequent trouble reports of any trouble before the original trouble report is closed Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 75 MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reporting:Standards: Resale Residential single line service Diagnostic Business single line service Diagnostic Centrex Diagnostic Centrex 21 Diagnostic PBX Trunks Diagnostic Basic ISDN Diagnostic Unbundled Network Element - Platform Diagnostic (UNE-P) (POTS) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex 21 ) Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex) Resale Primarv ISDN Diaqnostic DSO Diaqnostic DS1 Diaqnostic DS3 and higher bit-rate services Diagnostic (aggregate) Frame Relay Diagnostic LIS Trunks Diagnostic Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level I Diagnostic UDIT - Above DS1 level I Diaqnostic Unbundled Loops: Analog Loop Diagnostic Non-loaded Loop (2-wire)Diagnostic Non-loaded Loop (4-wire)Diagnostic DS 1-capable Loop Diagnostic xDSL-capable Loop Diagnostic ISDN-capable Loop Diagnostic ADSL-qualified Loop Diagnostic Loop types of DS3 and higher bit-rates Diagnostic (aggregate) E911/911 Trunks Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 76 MR-11 - LNP Trouble Reports Cleared within Specified Timeframes Purpose: Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which residence and business, disconnect-related , out-of-service trouble reports are cleared within four business hours and all LNP-related trouble reports are cleared within 48 hours. Description: MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and business, out-of-service trouble reports that are cleared within four business hours of Qwest receiving these trouble reports from GLEGs. Includes only trouble reports that are received on or before the currently-scheduled due date of the actual LNP-related disconnect time/date, or the next business da , that are confirmed to be caused by disconnects being made before the scheduled time , and that are closed during the reporting period, subject to exclusions specified below. MR-11 B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours of Qwest receiving these trouble reports from GLEGs. Includes all LNP-only trouble reports, received within four calendar days of the actual LNP- related disconnect date and closed during the reporting period. The "currently-scheduled due date/time" is the original due date/time established by Qwest in response to GLEG/customer request for disconnection of service ported via LNP or, if GLEG submits to Qwest a timely or untimely request for delay of disconnection , it is the GLEG/customer-requested later date/time. . A request for delay of disconnection is considered timely if received by Qwest before 8:00 p.m. MT on the due date that Qwest has on record at the time of the request. . A request for delay of disconnection is considered untimely if received by Qwest after 8:00 p.m. MT on the due date and before 12:00 p.m. MT (noon) on the day after the due date Time measured is from the date and time Qwest receives the trouble report to the date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Aggregate and Individual GLEG Disaggregation Reporting: Statewide level (all are non-dispatched" Formula: MR-11A = ((Number of specified out-of-service LNP-only Trouble Reports , for LNP-related troubles confirmed to be caused by disconnects, that Qwest executed before the currently-scheduled due date/time, that were closed in the reporting period and cleared within four business hours) + (Total Number of specified out of service LNP-only Trouble Reports for LNP-related troubles confirmed to be caused by disconnects that Qwest executed before the currently- scheduled due date/time , that were closed in the reporting period)) x 100 MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were cleared within 48 hours) + (Total Number of specified LNP-only Trouble Reports closed in the reporting period)) x 100 Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 77 MR-11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued) Exclusions: Trouble reports attributed to customer or non-Qwest reasons Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. Subsequent trouble reports of LNP trouble before the original trouble report is closed. For MR-11 B only: Trouble reports involving a "no access" delay. Information tickets generated for internal Qwest system/network monitoring purposes. Records involving official company services. Records with invalid trouble receipt dates. Records with invalid cleared or closed dates. Records with invalid product codes. Records missin~ data essential to the calculation of the measurement per the PID. Product Reporting: LNP Standards: MR-11A: If OP-17 result meets its standard , the MR-11A standard is Diagnostic. If OP-17 result does not meet its standard , the MR-11 A standard is as follows: For 0-20 trouble reports : No more than 1 ticket cleared in )0 four business hours For)o 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business MR-11 B: For 0-20 trouble reports : No more than 1 ticket cleared )0 48 hours For)o 20 trouble reports : The lesser of 95% or Parity with MR- results for Retail Residence and Business * Based on MR-11A denominator. Based on MR-11 B denominator. Availability: Available Notes: Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 78 Billing 81-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which Owest provides recorded daily usaqe records to CLECs. Description: Measures the average time interval from date of recorded daily usage to date usage records are transmitted or made available to CLECs as applicable. BI-1A - Measures recorded daily usage for UNEs and Resale and includes indust standard electronically transmitted usage records for feature group switched access N TE 1 local measured usage, local message usage , toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided within four days.This includes usage created by the CLEC and Owest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group , Feature Group D, Phone to Phone IP Telephony, 8XX access, and 900 access and their successors or similar Switched Access services. BI-1 C - Provides separate reporting for two elements captured in BI-1A above, as follows: BI-1 C-1 - Measures recorded daily usage for UN Es and Resale and includes industry standard electronically transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below. BI-1 C-2 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for local measured usage local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. Reporting Period: One month Unit of Measure: BI-, BI-1C-, BI-1C-2: Average Business Da BI-1B:Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: State level. individual CLECs, and Owest Retail results Formula: BI-, BI-1C-, BI-1C-2 (for specified products & records) = :L(Date Record Transmitted or made available - Date Usage Recorded) + (Total number of records) BI-1 B = ((# of daily usage records for Jointly provided switched access sent within four days) + (Total daily usage records for Jointly provided switched access in the report period)) x 100 Exclusions: Instances where the CLEC requests other than daily usage transmission or availability. Duplicate records. Product Reporting:Standards: UNEs and Resale BI-1A: Parity with Owest retail. Jointly-provided Switched Access BI-1 B: 95% within 4 business days BI-1 C-, BI-1 C-2: Diagnostic Comparison with the Owest Retail results used in standard for BI- Availability:Notes: Available Feature group switched access" includes all type 11 OXXX detail records for Feature Groups A, B , C, and D. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 79 81-2 -Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bills to CLECs, focusinq on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bill date and bill delivery. Includes all industry standard electronically transmitted invoices for local exchange services and toll, subiect to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level Retail/CLEC results (Parity by design) Formula: ((Count of Invoices for which Bill Transmission Date to Bill Date is ten calendar days or less) + (Total Number of Invoices)) x 100 Exclusions: Bills transmitted via paper, magnetic tape, CD-ROM , diskette. Records with missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard: UNEs and Resale Parity by design. Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 80 BI-3 - Billing Accuracy - Adjustments for Errors Purpose: Evaluates the accuracy with which Qwest bills CLECs , focusing on the percentage of billed revenue adjusted due to errors. Description: Measures the billed revenue minus amounts adjusted off bills due to errors , as a percentage of total billed revenue. Both the billed revenue and amounts adjusted off bills due to error are calculated from bills rendered in the reporting period. Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the reporting period that involve, either in part or in total , adjustment codes related to billing errors. (Each adiustment thus qualifvinq is added to the sum in its entirety. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: State level. individual CLECs, and Qwest Retail results Formula: (I(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bills Due to Errors) + (Total Billed Revenue billed in Reporting Period)) x 100 Exclusions: . BI-3A - UNEs and Resale - None . BI-3B - Reciprocal Compensation Minutes of Use - Billing adjustments as a result of GLEe-caused errors in return of minutes of use Product Reporting:Standards: BI-3A - UNEs and Resale BI-3A - UNEs and Resale: 98% BI-3B - Reciprocal Compensation Minutes of BI-3B - Reciprocal Compensation (MOU)- Use (MOU)95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 81 BI-4 - Billing Completeness Purpose: UNEs and Resale - Evaluates the completeness with which Owest reflects non-recurring and recurring charges associated with completed service orders on the bills. Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Owest reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Owest's network on the bills. Description: BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges associated with completed service orders appear on the correct bill.* BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local minutes of use appearing on the correct (current) bill.* * Correct bill = next available bill Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. individual CLECs, and Owest Retail results Formula: BI-4A - UNEs and Resale = (I(Count of service orders with non-recurring and recurring charges associated with completed service orders on the bills that are billed on the correct bill + total count of service orders with non-recurring and recurring charges associated with completed service orders billed on the bill)) x 100 BI-4B - Reciprocal Compensation MOU = (I(Revenue for Local Minutes of Use billed on the correct* bill + Total revenue for Local Minutes of Use collected during the month)) x 100 Exclusions: None Product Reporting:Standards: UNEs and Resale 81-4A - UNEs and Resale: Parity with Owest Reciprocal Compensation (MOU)Retail bills. 81-48 - Reciprocal Compensation (MOU): 95% Availability:Notes: Available Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 82 Database Updates DB-1 - Time to Update Databases Purpose: Evaluates the time required for updates to the databases of E911 , LlDB, and Directory Builder. Description: Measures the average time required to update the databases of E911 , LlDB, and Directory Builder. Includes all database updates as specified under Disaggregation Reporting completed during the reporting period. For DB-1A the time to update the E911 database is provided by the third party vendor that performs the update. The elapsed time is captured automatically by the database system. There are no "individual E911 database update records" provided with which to measure the database update process. The numerator of DB-1A is calculated by multiplying the vendor-calculated results (Average Minutes in Process Time) by the denominator (Count of records Processed). This method produces a result from the vendor data that is the same as that which would be produced by totalling the update times from individual E911 database update records. Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. LlDB & Directory Listings - Seconds Disaggregation Reporting: DB-1A: E911 for Qwest Retail and Reseller GLEe-State level DB-1 B: LlDB for Qwest Retail , Reseller CLEC and Facilities Based CLEC - Multi state region-wide level DB-1 C-1: Listings for all Provider types including Qwest Retail , Reseller CLEC, and Facilities Based CLEC , ILEC and Unknown Provider, Electronically Submitted , Electronically Processed- Sub-region applicable to state Reporting Comparisons: DB-1A - E911: Combined results for Qwest Retail and Reseller CLEC Aggregate; DB-1 B - LlDB: Combined results for all Qwest Retail , Reseller CLEC and Facilities Based CLEC updates; DB-1 C-1 - Listings: Combined results for all Provider types including Qwest Retail , Reseller CLEC, and Facilities Based CLEC , ILEC and Unknown Provider, Electronically Submitted Electronically Processed updates. NOTE 1 Formula: L((Date and Time of database update for each database update as specified under Disaggregation Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database for each database update as specified under Disaggregation Reporting in the reporting period)) +- Total database updates as specified under Disaggregation Reporting completed in the reporting period Exclusion: Invalid start/stop dates/times. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 83 DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)OB-1 A-E911: Parity by design OB-1 B-LlOB: Parity by design OB-1 G-1 - Listings: Parity by design Availability:Notes: Available Because they cannot be separated, results for Owest Retail, Reseller GLEG, Facilities-based GLEGs, ILEG and Unknown Provider updates are reported combined within these disaggregations. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 84 DB-2 - Accurate Database Updates Purpose: Evaluates the accuracy of database updates completed without errors in the reportinQ period. Description: Measures the percentage of database updates completed without errors in the reporting period. Includes all database updates as specified under Disaggregation Reporting completed during the reportinQ period. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: DB-2C-1 Listings - Combined results for all DB-2C-, Listings for Qwest Retail , Reseller Qwest Retail , Reseller CLEC and Facilities-CLEC, and Facilities-Based CLEC Electronically Based CLEC Electronically Submitted Submitted, Electronically Processed updates: Electronically Processed updates Statewide Formula: (Total database updates as specified under Disaggregation Reporting completed without errors in the reporting period + Total database updates as specified under Disaggregation Reporting completed in the reporting period) x 100 Exclusions: Invalid start/stop dates/times. Product Reporting:Standards: Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1 Availability:Notes: Available Qwest retail and Reseller CLECs are parity by design. Because Facilities-based CLEC Electronically Submitted, Electronically Processed cannot be separated out from Reseller CLECs they are reported combined within this disaggregation. Qwest Idaho SGA T Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 85 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwest's Directory Assistance operators , focusing on how lonq it takes for calls to be answered. Description: Measures the average time following first ring until a call is first picked up by the Qwest agent/system to answer Directory Assistance calls. Includes all calls to Qwest directory assistance during the reporting period. Because a system (electronic voice) prompts for city, state, and listing requested before the actual operator comes on the line , the first ring is defined as when the voice response unit places the call into queue. Measurements are taken by sampling calls from the network queue at 10-second intervals. A count of calls in the queue is taken for every sampling event (1 a-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted , i.e., are effectively counted as a zero interval. However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Qwest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state Formula: ~((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard: Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 86 Operator Services OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Qwest's operators , focusing on how long it takes for calls to be answered. Description: Measures the time following first ring until a call is answered by the Qwest agent. Includes all calls to Qwest's operator services during the reporting period , subject to exclusions specified below. Measurements are taken by sampling calls from the network queue at a-second intervals. A count of calls in the queue is taken for every sampling event (1 a-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, Le., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting: are aggregated in a single measure.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard:Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 2007 Page 87 Network Performance NI-1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices, compared with the completion of calls from Qwest end offices to other Qwest end offices , focusing on average busy-hour blockinq percentaqes in interconnection or interoffice final trunks. Description: Measures the percentage of trunks blocking in interconnection and interoffice final trunks. Includes blocking percentages on all direct final and alternate final interconnection and interoffice trunk qroups that are in service during the reportinq period, subiect to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Blockage Reporting Comparisons: Disaggregation Reporting: Statewide level. CLEC aggregate Reports the percentage of trunks blocking in interconnection final trunks individual CLEC, and reported by: Qwest Interoffice trunk NI-1A Interconnection (LIS) trunks to Qwest tandem offices , with TGSR-blocking results. related exclusions applied as specified below; NI-1B LIS trunks to Qwestend offices, with TGSR-related exclusions applied as specified below; NI-1 C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; NI-1D LIS trunks to other Qwest end offices, without TGSR-related exclusions. Formula: UL:(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)) -;- (Total Number of Final Trunk Circuits in all Final Trunk Groupsn x 100 Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being measured. Exclusions: For Nlc1A and NI-1B onl Trunk groups , blocking in excess of one percent in the reporting period , for which: - A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or CLECs do not submit , within 20 calendar days of receiving a TGSR: a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE 3 b) Trouble Reports; orc) Notification of traffic re-routing (as described in Note 1 below). ForNI-NI-NI-and NI-1D: Trunk groups, blocking in excess of one percent in the reporting period, for which Qwest can identify, in time to incorporate in the regular reporting of this measurement, the cause as being attributable to: Trunk group out-of-service conditions arising from cable cuts , severe weather, or force majeure circumstances; The CLEC placing trunks in a "busy" condition; Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not provide a timely forecast to Qwest. (This portion of the exclusion is limited to being applied in (a) the month the LIS requests could not be fulfilled, due to lack of facilities , and (b) each month thereafter up to the month following facility availability OR to five months after the month the LIS requests could not be fulfilled, whichever is sooner NOT 4); or Isolated incidences of blocking, about which Qwest provides notification to the CLEC, that (a) are not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by CLEC or Qwest, and (c) thus, do not require an actionable TGSR. Qwest Idaho SGA T Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 88 NI-1 - Trunk Blocking (Continued) . Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review period. Toll trunks, non-final trunks, and trunks that are not connected to the public switched network. . One-way trunks originating at GLEG end offices. . Qwest official services trunks, local interoffice operator and directory assistance trunks, and local interoffice 911/E911 trunks. . Records with invalid product codes. . Records missinQ data essential to the calculation of the measurement per the PID. Product Reporting: Standards:LIS Trunks Where NI-1A $ 1%: Where NI-1A)o 1%: Where NI-1B $1%: Where NI-1B)o 1%: NI-1G and NI-1D: Availability: Available 1 % Parity with Qwest Interoffice Trunks to tandems 1 % Parity with Qwest Interoffice Trunks to end offices Diaqnostic NOTE Notes: 1. Qwest uses TGSRs to notify GLEGs when trunk blocking exceeds standard thresholds or is determined to be persistent. To respond properly to TGSRs, a GLEG must (a) submit within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking, (b) notify Qwest within 20 days that it is initiating a Trouble Report where Qwest traffic routing problems are causing the blocking referenced by the TGSR, or (c) notify Qwest that the GLEG will undertake its own re-routing of traffic within 20 days to alleviate the blocking. 2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in the month in which the above-specified 20-day response period ends. Thus , any trunk group excluded in one month will not be excluded in the next month , unless there is (a) a 20-day period following a TGSR ends in that month, (b) there is another TGSR applicable to the next month for the same trunk group or (c) an exception documented , in lieu of issuing a subsequent TGSR, where the GLEC's response to the previous TGSR indicated that, for its own reasons, it plans to take no action at any time to augment the trunk group. 3. GLEG delays are reflected by GLEG-initiated order supplements that move the due date later. a) Qwest-initiated due date delays, including supplements made pursuant to Qwest requests to delay due dates , shall not be counted as GLEG delays in this measurement. b) Qwest-initiated due date changes to earlier dates that the GLEG does not meet shall not be counted as a GLEG delay in this measurement unless the earlier dates were mutually agreed-upon. c) GLEG delays (e. , " customer not ready" in advance of a due date) that do not contribute to a Qwest-established due date being missed shall not be counted as a GLEG delay in this measurement. 4. The limitation on part (3) of this exclusion is intended to bound its applicability to a period of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the facilities needed. a) Given that forecast advance intervals are currently six months, this provision allows the exclusion to apply for no longer than that period of time. b) Nevertheless , this limitation to the exclusion also recognizes that facilities may become available sooner and , if so, reduces the limitation accordingly. In that context, this limitation recognizes that, absent a GLEG forecast, Qwest still retains a responsibility to provide facilities for the ASR, although in a longer timeframe than for ASRs covered by forecasts. NI-1G and NI-1D will be reported for information purposes only, with no standard to be applied. c) This limitation may change depending on the outcome of separate workshops dealing with issues of interconnection forecasting. 5. NI-1G and NI-1D will be reported for information purposes only, with no standard to be . applied. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26 , 2007 Page 89 NP-1 - NXX Code Activation Purpose: Evaluates the timeliness of Owest's NXX code activation prior to the LERG effective date or by the revised" effective date, as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-1 B: Measures the percentage of NXX codes activated in the reporting period that are delayed beyond the LERG date or "revised" date due to Owest-caused Interconnection facility delays subject to exclusions shown below. Included among activations counted as a Owest delay in this sub-measurement are cases in which "6 codes" NOTE 1 associated with the Owest interconnection facilities are provided late by Owest to the GLEG. . Owest must receive complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation no less than 25 days prior to the LERG Due Date or Revised Due Date. . The "revised" date, for purposes of this measurement, is a GLEG-initiated renegotiation of the activation effective date that is no less than 25 days after Owest receives complete and accurate routing information required for code activation, which includes but is not limited to "6 codes" for all interconnection trunk groups associated with the activation. . The NXX code activation notice is provided by the LERG (Local Exchange Routing Guide) to Owest. . NXX code activation is defined as complete when all translations associated with the new NXX are complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if different than the LERG date). The NXX code activation completion process includes testing, including calls to the test number when provided. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate individual GLEG and Owest Retail results. Formula: NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective date or the "revised" date) -i- (Number of NXX codes loaded and tested in the reporting period)) x 100 Disaggregation Reporting: Statewide. NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Owest Interconnection Facility Delays) -i- (Number of NXX codes loaded and tested in the reporting period, including NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or the "revised" date due to Interconnection Facility Delays)) x 100 Exclusions: NP-1A: NXX code activations completed after the LERG date or "revised" date due to delays in the installation of Owest provided interconnection facilities associated with the activations. NOTE 2 NP-1A and NP-1B: NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than industry standard (currently 45 calendar days). NXX codes where OWEST received complete and accurate routing information required for code activations less than 25 days prior to the LERG due date or Revised due date. Owest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 90 NP-1 - NXX Code Activation (continued) Product Reporting: None Standards: NP-1A: Parity NP-1 B: Diagnostic Availability:Notes: Available 6 codes" are industry-standard designators for local interconnection trunk groups , consisting of 2 alpha letters and six numeric digits. Only Qwest-provided interconnection facilities are noted in this exclusion, because delays related to facilities provided by GLEGs or others are accounted for by revising the due date. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 91 Collocation CP-1 - Collocation Completion Interval Purpose: Evaluates the timeliness of Qwest's installation of collocation arrangements for CLECs, focusing on the averaQe time to complete such arranQements. Description: Measures the interval between the Collocation Application Date and Qwest's completion of the collocation installation. Includes all collocations of types specified herein that are assigned a Readv for Service (RFS) date by Qwest and completed during the reporting period , subject to exclusions specified below. Collocation types included are: physical cageless, fhysical caged, shared physical caged, physical- line sharing, cageless-line sharing, and virtual. NOT 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications include conditioning the collocation space , obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. Completion of the collocation installation is the date on which the requested collocation arrangement is "Ready For Service" as defined in the Definition of Terms section herein. Establishment of RFS Dates: RFS dates are established according to intervals specified in interconnection agreements. Where an interconnection agreement does not specify intervals , or where the CLEC requests , RFS dates are established as follows: Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations:120 calendar days after the Collocation Application Date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and , for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date , the RFS date shall be: Forecasted Collocations:90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations : 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 92 CP-1 - Collocation Completion Interval (continued) collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready for virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest , for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Collocations sical virtual forecasted or unforecasted uirin Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations , 45 days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation, the need for and the duration of, such extended intervals. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state completion intervals will be individually negotiated. These collocation arrangements will be included in CP- , - 1 B , or -1 C according to the interval criteria specified below for these measurements. Where there is a GLEe-caused delay, the RFS Date is rescheduled . RFS dates may be extended beyond the above intervals for CLEC reasons , or for reasons beyond Qwest's control , but not for Qwest reasons. . Where CLECs do not accept the quote within thirty days of the quote date, the application is considered expired. CP-Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 90 calendar days or less. CP-Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 91 to 120 calendar days. CP-1C Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 121 to 150 calendar days. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Statewide. Formula: (for CP-, CP-1B and CP-1C) L((Coliocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 93 CP-1 - Collocation Completion Interval (continued) Exclusions: . CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date. . CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91 calendar days or longer than 120 calendar days from Collocation Application Date to RFS date. . CP-1 C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. Cancelled or expired applications. Product Reporting: None Standards: CP-1A: 90 calendar days CP-1 B: 120 calendar days CP-1 C: 150 calendar days Availability: Available Notes: 1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered , they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted , mature (Le., six months of experience from first installations), and ordered in volumes warranting reporting (Le., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 94 CP-2 - Collocations Completed within Scheduled Intervals Purpose: Evaluates the extent to which Qwest completes collocation arrangements for CLECs within the standard intervals or intervals established in interconnection aqreements. Description: Measures the percentage of collocation applications that are completed within standard intervals, including intervals set forth in interconnection agreements. Includes all collocations of types specified herein that are assigned a Ready for Service Date RFS date Qwest and that are completed within the reporting period , including those with GLEe-requested RFS dates longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including supplemented collocation orders that extend the RFS date) subject to exclusions specified below. Collocation types included are: physical ca~eless, physical caged, shared physical caged , physical-line sharing, cageless-line sharing, and virtual. OTE 1 . The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators , heating, venting or air conditioning equipment. . A collocation arrangement is counted as met under this measurement if its RFS date is met. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection agreements require different intervals, in which case the intervals specified in the interconnection agreements apply: Collocation Applications with Timely Quote Acceptance and , for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and , for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for physical collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations : 120 calendar days after the Collocation Application Date for physical collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and , for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date the RFS date shall be: Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. U nforecasted Collocations:120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date , the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations : 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 95 CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. All Collocations sical virtual forecasted or unforecasted uirin or Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are required. Qwest will provide to the CLEC, as part of the quotation, the need for, and the duration of such extended intervals. . When a CLEC submits six (6) or more Collocation applications in a one-week period in any state completion intervals will be individually negotiated. These collocation arrangements will be included in CP- , - , or -2C according to the criteria specified below for these measurements. . Where there is a GLEe-caused delay, the RFS Date is rescheduled. . Where CLECs do not accept the quote within thirty calendar days of the quote date , the application is considered expired. CP-Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-All Collocations requiring Major Infrastructure Modifications and Collocations with intervals longer than 120 days: Measures all collocation installations requiring Major Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar days after the Collocation Application Date. Reporting Comparisons: CLEC aggregate and individual CLEC results I Unit of Measure: Percent Disaggregation Reporting: Statewide level. Reporting Period: One month Formula: (for CP-, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) -;- (Total Number of Collocations Completed in the Reporting Period)) x 100 Exclusions: . RFS dates missed for reasons beyond Qwest's control. Cancelled or expired requests. Product Reporting: None Standards: CP-2A & -2B: 90% CP-2C: 90% Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 96 CP-2 - Collocations Completed within Scheduled Intervals (continued) Availability: Available Notes:1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted , mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 97 CP-3 - Collocation Feasibility Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibility study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation. Includes feasibility studies, for collocations of types specified herein that are completed in the reporting period, subject to exclusions specified below. Collocation types included are: physical cageless, ~hysical caged , shared physical caged, physical-line sharing, cageless-line sharing, and virtual. NOT Interval begins with the Collocation Application Date and ends with the date Qwest completes the Feasibility Study and provides it to the CLEC. The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da followinQ the weekend or holiday. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide level. individual CLEC results Formula: l:((Date Feasibility Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibility Study)) + (Total Feasibility Studies Completed in the Reporting Period) Exclusions: GLEe-caused delays of, or CLEC requests for feasibility study completions resulting in greater than ten calendar days from Collocation Application Date to scheduled feasibility study completion date. Product Reporting: None Standard:10 calendar days or less Availability:Notes: Available Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered , they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms conditions , and processes for such collocation types become finalized , accepted , mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e. consistently more than two per month in any state). Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 98 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Qwest completes the sub-process function of providing a collocation feasibility study to the CLEC as committed. Description: Measures the percentage of collocation feasibility studies for installations that are completed within the Scheduled Interval The Scheduled Interval is ten calendar days from the Collocation Application Date or, if interconnection agreements call for different intervals, within intervals specified in the agreements or if otherwise delayed by the CLEC, the interval resulting from the delay. Includes all feasibility studies for collocations of types specified herein, that are completed in the reporting period. Collocation types included are: physical cageless , physical caged , shared physical caged , physical-line sharing, cageless-line sharing, and virtual. NOTE 1 Considers the interval from the Collocation Application Date to the date Qwest completes the Feasibility Study and provides it to the CLEC. The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business da following the weekend or holiday. Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six (6) or more Collocation applications in a one-week period in any state, feasibility study intervals will be individually negotiated and the resulting intervals used instead of ten calendar days in this measurement. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide level. and individual CLEC results Formula: ((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) -i- (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availability:Notes: Available Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either Inclusion in this measurement, or in new , separate measurements, after the terms , conditions, and processes for such collocation types become finalized , accepted, mature (i.e. six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 99 DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Owest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order subject to the following: For the following types of requests/orders, the application date (and time) is the start of the next business day: (1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number Portability (except non-designed, flow-through LNP). (2) Retail orders received after 3:00 PM local time for Designed Services. (3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design Resale Centrex, non-designed UNE-, Unbundled Loops , and non-designed , flow-through LNP. (4) Retail orders for comparable non-designed services cannot be received after closing time , so the cutoff time is essentially the business office closing time. For all types of orders that are received from Friday at 7:00 PM MT through Sunday, or on holidays, and do not flow through, the application date (and time) is the next, non-weekend business day. Automatic Location Information (All) - The feature of E911 that displays at the Public Safety Answering Point (PSAP) the street address of the calling telephone number. This feature requires a data storage and retrieval system for translating telephone numbers to the associated address. All may include Emergency Service Number (ESN), street address, room or floor, and names of the enforcement, fire and medical agencies with jurisdictional responsibility for the address. The Management System (E911) database is used to update the Automatic E911 Location Information databases. Bill Date - The date shown at the top of the bill, representing the date on which Owest begins to close the bill. Blocking - Condition on a telecommunications network where, due to a maintenance problem or an traffic volumes exceeding trunking capacity in a part of the network, some or all originating or terminating calls cannot reach their final destinations. Depending on the condition and the part of the network affected, the network may make subsequent attempts to complete the call or the call may be completely blocked. If the call is completely blocked , the calling party will have to re-initiate the call attempt. Business Day - Workdays that Owest is normally open for business. Business Day = Monday through Friday, excluding weekends and Owest published Holidays including New Year s Day, Memorial Day, July 4 , Labor Day, Thanksgiving and Christmas. Individual measurement definitions may modify (typically expanding) this definition as described in the Notes section of the measurement definition. Cleared Trouble Report - A trouble report for which the trouble has been cleared , meaning the customer is "back in service Closed Trouble Report - A trouble report that has been closed out from a maintenance center perspective , meaning the ticket is closed in the trouble reporting system following repair of the trouble. Code Activation (Opening) - Process by which new NPAlNXXs (area code/prefix) is defined through software translations to network databases and switches, in telephone networks. Code activation (openings) allow for new groups of telephone numbers (usually in blocks of 10 000) to be made available for assignment to an ILEC's or CLEC's customers, and for calls to those numbers to be passed between carriers. Common Channel Signaling System 7 (CCSS7) - A network architecture used to for the exchange of signaling information between telecommunications nodes and networks on an out-of-band basis. Information exchanged provides for call set-up and supports services and features such as CLASS and database query and response. Common Transport - Trunk groups between tandem and end office switches that are shared by more than one carrier, often including the traffic of both the ILEC and several CLECs. Completion - The time in the order process when the service has been provisioned and service is available. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 100 DEFINITION OF TERMS (continued) Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the requested service order activity is complete. Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC the CLEC , and the customer so that work activities can be performed on a coordinated basis under the direction of the receiving carrier. Customer Requested Due Date - A specific due date requested by the customer which is either shorter or longer than the standard interval or the interval offered by the ILEC. Customer Trouble Reports - A report that the carrier providing the underlying service opens when notified that a customer has a problem with their service. Once resolved , the disposition of the trouble is changed to closed. Dedicated Transport - A network facility reserved to the exclusive use of a single customer, carrier or pair of carriers used to exchange switched or special, local exchange, or exchange access traffic. Delayed Order - An order which has been completed after the scheduled due date and/or time. Directory Assistance Database - A database that contains subscriber records used to provide live or automated operator-assisted directory assistance. Including 411 , 555-1212, NPA-555-1212. Directory Listings - Subscriber information used for DA and/or telephone directory publishing, including name and telephone number, and optionally, the customer s address. DS-- Digital Service Level O. Service provided at a digital signal speed commonly at 64 kbps, but occasionally at 56 kbps. DS-- Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps. DS-- Digital Service Level 3. Service provided at a digital signal speed of 44.736 Mbps. Due Date - The date provided on the Firm Order Confirmation (FOC) the ILEC sends the CLEC identifying the planned completion date for the order. End Office Switch - A switch from which an end users' exchange services are directly connected and offered. Final Trunk Groups - Interconnection and interoffice trunk groups that do not overflow traffic to other trunk groups when busy. Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has received the CLECs service request, created a service order, and assigned it a due date. Flow-Through The term used to describe whether a LSR electronically is passed from the OSS interface system to the ILEC legacy system to automatically create a service order. LSRs that do not flow through require manual intervention for the service order to be created in the ILEC legacy system. Interval Zone 1/Zone 2 - Interval Zone 1 areas are wire centers for which Qwest specifies shorter standard service intervals than for Interval Zone 2 areas. Installation - The activity performed to activate a service. Installation Troubles - A trouble, which is identified after service order activity and installation , has completed on a customer s line. It is likely attributable to the service activity (within a defined time period). Interconnection Trunks - A network facility that is used to interconnect two switches generally of different local exchange carriers Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types additional lines/circuits consist of all C orders with "I" and "T" action coded line/circuit USOCs that represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC to CLEC. Jeopardy - A condition experienced in the service provisioning process which results potentially in the inability of a carrier to meet the committed due date on a service order Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been identified. Lack of Facilities - A shortage of cable facilities identified after a due date has been committed to a customer, including the CLEC. The facilities shortage may be identified during the inventory assignment process or during the service installation process, and typically triggers a jeopardy. Local Exchange Routing Guide (LERG) - A Bellcore master file that is used by the telecom industry to identify NPA-NXX routing and homing information, as well as network element and equipment designations. The file also includes scheduled network changes associated with activity within the North American Numbering Plan (NANP). Local Exchange Traffic - Traffic originated on the network of a LEC in a local calling area that terminates to another LEC in a local calling area. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 , 2007 Page 101 DEFINITION OF TERMS (continued) Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portability) - A network technology which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer s telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting. Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSA/Non-MSA - Metropolitan Statistical Area is a government defined geographic area with a population of 50 000 or greater. Non-Metropolitan Statistical Area is a government defined geographic area with population of less than 50 000. Owest depicts MSA Non-MSA based on NPA NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA. Mechanized Bill - A bill that is delivered via electronic transmission. NXX, NXX Code or Central Office Code - The three digit switch entity indicator that is defined by the " , " , and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code contains 10 000 station numbers. Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and business services. Can include feature capabilities (e., CLASS features). Projects - Service requests that exceed the line size and/or level of complexity which would allow for the use of standard ordering and provisioning processes. Generally, due dates for projects are negotiated, coordination of service installations/changes is required and automated provisioning may not be practical. Query Types - Pre-ordering information that is available to a CLEC that is categorized according to standards issued by OBF and/or the FCC. Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement when all "operational" work has been completed. Operational work consists of the following as applicable to the particular type of collocation: . Cage enclosure complete; . DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place and cables between the CLEC and power terminated); Primary AC outlet in place; Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the Outside Plant Fiber Distribution Panel and the Central Office Fiber Distribution Panel serving the CLEC). and The following items complete, subject to the CLEC having made required payments to Owest (e., final payment): (If the required CLEC payments have not been made, the following items are not required for RFS): Key turnover made available to CLEC. APOT/CFA complete , as defined/required in the CLEC's interconnection agreement and Basic telephone service and other services and facilities complete, if ordered by CLEC in time to be provided on the scheduled RFS date (per Owest's published standard installation intervals for such telephone service). Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically determined by regulatory rulings, contract terms , or negotiations with CLEC) to indicate when collocation installation is scheduled to be ready for service, as defined above. Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected service request must be corrected and re-submitted before provisioning can begin. Repeat Report - Any trouble report that is a second (or greater) report on the same telephone number/circuit 10 and at the same premises address within 30 days. The original report can be any category, including excluded reports, and can carry any disposition code. Service Group Type - The designation used to identify a category of similar services , . , UNE loops. Service Order - The work order created and distributed in ILECs systems and to !LEC work groups in response to a complete, valid local service request. Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 102 DEFINITION OF TERMS (continued) Service Order Type - The designation used to identify the major types of provisioning activities associated with a local service request. Standard Interval - The interval that the ILEC publishes as a guideline for establishing due dates for provisioning a service request. Typically, due dates will not be assigned with intervals shorter than the standard. These intervals are specified by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior to the date and time the initial report has a status of "closed. Tandem Switch - Switch used to connect and switch trunk circuits between and among Central Office switches. Time to Restore - The time interval from the receipt, by the ILEC , of a trouble report on a customer s service to the time service is fully restored to the customer. Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including both new and conversions , involving POTS (Le., basic services providing dial tone). Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Office Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop Demarcation Point is defined as the point where Qwest owned or controlled facilities cease , and CLEC, end user, owner or landlord ownership of facilities begins. Usage Data - Data generated in network nodes to identify switched call data on a detailed or summarized basis. Usage data is used to create customer invoices for the calls. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 103 GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asymmetric Diqital Subscriber Line All Automatic Line Information (for 911/E911 systems) ASR Service Request (processed via Exact system) BRI Basic Rate Interface (type of ISDN service) CABS Carrier Access Billing System CKT Circuit CLEC Competitive Local Exchange Carrier Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer Service Record Directorv Assistance Decibel Database DSO Digital Service 0 DS1 Diqital Service 1 DS3 Digital Service 3 E911 MS E911 Management System EAS Extended Area Service EB-Electronic Bondinq - Trouble Administration EDI Electronic Data Interchange EELS Enhanced Extended Loops Emergency Services (for 911/E911) FOC Firm Order Confirmation GUI Graphical User Interface HDSL High-Bit-Rate Digital Subscriber Line HICAP High Capacity Digital Service IEC Interexchange Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portability IOF Interoffice Facilities (refers to trunk facilities located between Qwest central offices) ISDN Integrated Services Digital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchange Routing Guide LlDB Line Identification Database LIS Local Interconnection Service Trunks LNP Long Term Number Portability LSR Local Service Request , T , C Service Order Types - - N (new), T (to or transfer), C (change) NANP North American Numbering Plan NDM Network Data Mover NPAC Number Portability Administration Center NXX Telephone number prefix OBF Ordering and Billing Forum OOS Out of service (type of trouble condition) OSS Operations Support Systems Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 104 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION PBX Private Branch Exchange PON Purchase Order Number POTS Plain Old Telephone Service PRI Primary Rate Interface (type of ISDN service) RFS Ready for Service (refers to collocation installations) SIA SAAFE (Strategic Application Architecture Framework and Environment) Information Access SOP Service Order Processor SOT Service Order Type SS7 Siqnalinq System 7 STP Signaling Transfer Point Telephone Number UDIT Unbundled Dedicated Interoffice Transport UNE Unbundled Network Element UNE-Unbundled Network Element - Platform VRU Voice Response Unit WFA Work Force Administration XDSL (x) Digital Subscriber Line. (The "" prefix refers to DSL generically. An "" replaced by an "A" refers to Asymmetric DSL, and by an "H" refers to High-bit-rate DSL. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 105 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FID associated with a call forwarding don t answer USOC that determines how many rings before the call forwards to the TN provided with the CFN or CFND FIDs. HLN (HLA Hot Line) FID associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FID. The data provided in the Feature Detail section on the LSR will be validated against the HLN FID on the service order to determine whether the FID is present and the TN provided on the LSR with the FID is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FID associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FID, along with the PCS telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FID on the service order to determine whether the FID is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number will follow the FID DES on the LSR in the Feature Detail section and on the service order. The DES FID along with the DID telephone number provided in the Feature Detail section on the LSR will be validated against the DES FID on the service order to determine whether the FID is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 106 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc. We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC is the TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on the LSR will be validated against the TN FID on the service order to determine whether the FID is present and the custom ring telephone provided on the LSR with the FID is correct on the service order. (The validation would only apply if the USOC and FID were present in the Feature Detail section of the LSR.) CAS (If provided on LSR for SEA) Call Screening Code Assignment is a FID associated with the selective class of call feature (which is on our USOC list to validate.) Along with the CAS FID is a two-digit number that indicates what type of screening is being requested. The CAS FID along with a two-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit number matches the two-digit number provided on theLSR. WW (if provided on LSR for TFM) Working With is a FID associated with the transfer mailbox feature (which is on our USOC list to validate. Along with the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit number matches the ten-digit number provided on the LSR. MBOA (if provided on LSR for VFN) Mailbox out-dial notification is a FID associated with the message notification feature (which is on our USOC list to validate.) Along with the MBOA FID is a two-digit alphanumeric combination that indicates where the notification will be sent (i.e., identifies pager type.) The MBOA FID along with the two-digit alphanumeric combination is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the two-digit alphanumeric matches the two- digit alphanumeric provided on the LSR. DES on VGT (if provided on LSR) Description is a FID associated with the scheduled greeting feature (which is on our USOC list to validate. Along with the DES FID is a ten-digit telephone number that reflects the DID mailbox number. The DES FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO- review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. WL T (WLS Warm Line) Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or two numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the connection for a warm line service number. The WL T FID along with the one or two numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one or two numeric value matches the one or two numeric value provided on the LSR. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 107 APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our usee list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FID associated with the 800 service line feature. Along with the SIT FID is a ten-digit telephone number that reflects the 800 888 877 , or 866 service line feature. The SIT FID along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. SIS (if provided on LSR for WFA) Special Identifying Telephone Number Supplemental is a FID associated with the 800 service line feature. The SIS FID along with a one-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the one-digit number matches the one-digit number provided on the LSR. ELN (if provided on LSR for WFA) 800 Service listed name is a FID associated with the 800 service line feature. Along with the ELN FID is a listed name, which follows the format of a business name. The ELN FID along with the name is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FID associated with the 800 service line feature. Along with the ELA FID is an address , which follows the format of a listed address plus LATA, State, and ZIP code. The ELA FID along with the address is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the address matches the address provided on the LSR. ADS (if provided on LSR for WFA) Area of service is a FID associated with the 800 service line feature. Along with the AOS FID are one to two alphanumeric characters and three numeric characters which represents LATA and AC of the address. The AOS FID along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALC (if provided on LSR for WFA) IntraLATA carrier is a FID associated with the 800 service line feature. It indicates the IntraLATA carrier for the 800 service. Along with the ALC FID is the three-digit code (OTC) for the IntraLATA carrier. The ALC FID along with the three-digit code is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 108 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with S03, S05, SFB, C2TAX (Electronic Business Set USOCs which are on our USOC list to validate): KEY (If provided on LSR for Electronic Business Set EBS USOCs) Key Designation (KEY number) is a FID associated with the Electronic Business Set feature. Along with the KEY FID is a numeric value that indicates the key designated for different features or lines on the EBS. The KEY FID along with the numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the numeric value matches the numeric value provided on the LSR. MADN (If provided on LSR for Electronic Business Set EBS USOCs) Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic Business Set feature. Along with the MADN FID is a set of alpha values that indicate the type appearance and ring status desired for different features or lines on the EBS. The KEY FID along with the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha values match the alpha values provided on the LSR. ROL (If provided on LSR for Electronic Business Set EBS USOCs) Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is an alpha value that indicates if the line will ring (Y or N). The ROL FID along with the alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alpha value matches the alpha value provided on the LSR. TTYD (If provided on LSR for C2TAX) Terminal Type is a FID associated with the adjunct module feature. Along with the TTYD FID is a 4 character alpha value based on customer equipment. The TTYD FID along with the 4 character alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Qwest Idaho SGAT Third Revision , Eighth Amended Exhibit B June 26, 2007 Page 109 APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USCG list to validate): CPG (If provided on LSR for E3PPK) Call Pickup Group is a FID associated with the CALL PICK-UP feature. Along with the CPG FID is a 3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1-3 digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 1-3 digit ,numeric value matches the 1-3 digit numeric value provided on the LSR. CPUO (If provided on LSR for E3PPK) Call Pickup-Originating is a FID associated with the CALL PICK-UP feature. Along with the CPUO FID is an alphanumeric value that identifies the call pickup group. The CPUO FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. CPUT (If provided on LSR for E3PPK) Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GW (Speed Call feature USOCs that are on our USCG list to validate): SCG (If provided on LSR for Speed call USOCs) Speed Call Group is a FID associated with the Speed call feature. Along with the SCG FID is a 7 digit numeric value that identifies the controller of the group. The SCG FID along with the 7 digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7 digit numeric value provided on the LSR. CSt (If provided on LSR for Speed call USOCs) Change Speed Calling Group List is a FID associated with the Speed call feature. Along with the CSL FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7 , digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 2 digit numeric value matches 2 digit numeric value provided on the LSR. SCF (If provided on LSR for Speed call USOCs) Speed Calling Feature Name is a FID associated with the Speed call feature. Along with the SCF FID is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26 2007 Page 110 EXHIBIT C See Qwest's Wholesale web-site for the Service Interval Guide. Exhibit C -Owest Fourteen State Template Version 1., May 11 , 2005 Exhibit D Date General Information Provided by Qwest: General Agreement: BAN Number(must be assigned before processing): REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01 1. PURPOSE The purpose of this General Information document is to share information and provide or deny permission to attach and maintain CLEC's facilities ("Facilities ) to Qwest Corporation s ("Qwest") Poles, to place Facilities on or within Qwest's Innerduct (collectively Poles/lnnerduct") and to obtain access to Qwest's private right of way ("ROW"), to the extent Qwest has the right to grant such access. This General Information is necessary to determine if Qwest can meet the needs of the CLEC's request but does not guarantee that physical space or access is currently available. Permission will be granted on a first-come , first-serve basis on the terms and conditions set forth in the appropriate agreement pertaining to "Poles/lnnerduct" PROCESS The Qwest process is designed to provide the CLEC the information so as to assist CLEC and Qwest to make Poles, Innerduct and ROW decisions in a cost-efficient manner. The Process has these distinct steps: Inquiry Review - Attachment 1.A (Database Search).The CLEC is requested to review this document and return Attachment 1 .A along with two copies of a map and the nonrefundable Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to cover Qwest's expenses associated with performing an internal record (database) review preparing a cost estimate for the required field survey, setting up an account, and determining time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is assigned by the Qwest Service Support Representative for each request before sending an Attachment 1.A. To request a BAN number send an email requesting one to: wholesale.servicessupportteam(a),qwestcom. Include your name, company, phone number, email address, city and state of our inquiry. A BAN number will be assigned to your inquiry and will be emailed to you along with other materials. As indicated on Attachment 1., a copy of the signed Attachment and maps of the desired route must be emailed to wholesale.servicessupportteam(illqwest.com while the fee must be sent to the Qwest CLEC Joint Use Manager with the original signed Attachment 1.A. The map should clearly show street names and highways along the entire route, and specific locations of entry and exit of the ROW/duct/pole system. Area Maps should be legible and identify all significant geographic characteristics including, but not limited to , the following: Qwest central offices, streets, cities states , lakes , rivers, mountains , etc. Qwest reserves the right to reject illegible or incomplete maps. If CLEC wishes to terminate at a particular manhole (such as a POI) it must be indicated on the maps. For ROW: Section , Range and Township, to the % section must also be provided. Qwest will complete the Inquiry review and prepare and return a Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC generally within ten (10) days or the applicable federal or state law, rule or regulation that governs this Agreement in the state in which Innerduct attachment is requested. In the case of poles Qwest will assign a Field Engineer and provide his/her name and phone number to the CLEC. The Field Engineer will check the local database and be available for a joint verification with the CLEC. The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation will be valid for thirty (30) calendar days from the date of quotation. The Inquiry step results only Date/Initials/COMP ANY /ST A TEl Agreements Number CDS-xxxxxx-xxxxOwest Idaho October 4 , 2004 Page 1 Exhibit D in the location and mapping of Qwest facilities and does not indicate whether space is available. This information is provided with Attachment 1. In the case of ROW, Qwest will prepare and return a ROW information matrix and a copy of agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix will identify (a) the owner of the ROW as reflected in Qwest's records , and (b) the nature of each ROW (i.e., publicly recorded and non-recorded). The ROW information matrix will also indicate whether or not Qwest has a copy of the ROW agreement in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that real property rights run with the land, the original granting party may not be the current owner of the property. In the case of MDUs, Qwest will prepare and return an MDU information matrix, within ten (10) days, which will identify (a) the owner of the MDU as reflected in Qwest's records , and (b) whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific multi-dwelling unit that grants Qwest access to the multi-dwelling unit in its possession. Qwest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original landowner may not be the current owner of the property. Qwest will provide to CLEC a copy of agreements listed in the Matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form, which is included in Attachment 4. Qwest will redact all dollar figures from copies of agreements listed in the Matrices that have not been publicly recorded that Qwest provides to CLEC. Alternatively, in order to secure any agreement that has not been publicly recorded , a CLEC may provide a legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action arising out of Qwest's provision of such agreement to CLEC. In that event , the CLEC shall not be required to execute the Consent to Disclosure form. If there is no other effective agreement (i.an Interconnection Agreement) between CLEC and Qwest concerning access to Poles , Ducts and ROW , then Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles Ducts and/or ROW. Attachment 1.(Verification) & Attachment 4 (Access Aqreement Preparation).With respect to Poles and Innerduct , upon review and acceptance of signed Attachment 1.B and payment of the estimated verification costs by the CLEC , Qwest will conduct facilities verification and provide the requested information which mayor may not include the following: a review of public and/or internal Qwest right-of-ways records for restrictions , identification of additional rights-of-way required; a field survey and site investigation of the Innerduct, including the preparation of distances and drawings, to determine availability on existing Innerduct; identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to installing its facilities. In the case of Poles, Attachment 1.B orders the field verification which maybe done jointly. A copy of the signed Attachment 1.should be emailed to wholesale.servicessupportteam~qwest.com while the appropriate fees should be sent to the Qwest-CLEC Joint Use Manager with the original signed Attachment 1.B. Upon completion of the verification , Attachment 2 will be sent to the CLEC by Qwest. With respect to ROW , upon review and acceptance of signed Attachment 1.B and payment of the ROW conveyance consideration, Qwest will deliver to the CLEC an executed and acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 2 Exhibit D Agreement"). In the event that the ROW in question was created by a publicly recorded document and Qwest has a copy of such document in its files, a copy of the Right-of-Way Agreement, as defined in the Access Agreement, will be attached to the Access Agreement and provided to the CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document that is not publicly recorded, or if Qwest does not have a copy of the Right-of-Way Agreement in its possession , the Access Agreement will not have a copy of the Right-of-Way Agreement attached. If the ROW was created by a non-publicly recorded document, but Qwest does not have a copy of the Right-of-Way Agreement in its possession , the CLEC must obtain a copy of the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Qwest to describe the real property involved and the underlying rights giving rise to the Access Agreement. Although Qwest will provide the identity of the original grantor of the ROW, as reflected in Qwest's records , the CLEC is responsible for determining the current owner of the property and obtaining the proper signature and acknowledgement to the Access Agreement. If Qwest does not have a copy of the Right-of-Way Agreement in its records , it is the responsibility of the CLEC to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded document, the CLEC must record the Access Agreement (with the Right-of-Way Agreement attached) in the real property records of the county in which the property is located. If the ROW was created by a grant or agreement that is not publicly recorded, CLEC must provide Qwest with a copy of the properly executed and acknowledged Access Agreement and , if applicable , properly executed Consent Regarding Disclosure form or letter of indemnification. Qwest is required to respond to each Attachment 1.B. submitted by CLEC within 35 days of receiving the Attachment 1.B. In the event that Qwest believes that circumstances require a longer duration to undertake the activities reasonably required to deny or approve a request, it may petition for relief before the Commission or under the escalation and dispute resolution procedures generally applicable under the interconnection agreement, if any, between Qwest and CLEC. Poles/Duct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon completion of the inquiry and verification work described in Section 2.2 above , Qwest will provide the CLEC a Poles/lnnerduct Order (Attachment 2) containing annual recurring charges, estimated Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees identified, Qwest will assign the CLEC's requested space; Qwest will also commence the Make-ready work within 30 days following payment of the Make-Ready Fees. Qwest will notify CLEC when Poles/lnnerduct are ready for attachment or placement of Facilities. A copy of the signed Attachment 2 form should be emailed wholesale.servicessupportteam(ZV,qwestcom while the payment should go to the Joint Use Manager along with the original signed Attachment 2. NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it involves rearrangement to accommodate the new attachment. For Innerduct, it involves placing the standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists. Segments without conduit space are considered "blocked". Qwest will consider repair or clearing damaged facilities, but may not construct new facilities as part of Make-ready work. Construction work to place conduit or replace poles may be required where facilities are blocked. The CLEC may contract separately with a Qwest-approved contractor to complete the construction provided a Qwest inspector inspects the work during and after construction. If other parties benefit from construction, the costs may be divided among the beneficiaries. Construction Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 3 Exhibit D costs are not included in Attachment 2. The GLEC is not encouraged to sign the Poles/lnnerduct Order (Attachment 2) until provisions have been made for construction. 2.4 Provision of ROW/Poles/lnnerduct.Qwest agrees to issue to CLEC for any lawful telecommunications purpose, a nonexclusive , revocable Order authorizing CLEC to install maintain, rearrange, transfer, and remove at its sole expense its Facilities on Poles/lnnerduct to the extent owned or controlled by Qwest. Qwest provides access to Poles/lnnerduct/ROW in accordance with the applicable federal , state, or local law, rule, or regulation, incorporated herein by this reference, and said body of law, which governs this Agreement in the state in which Poles/lnnerduct is provided. Any and all rights granted to CLEC shall be subject to and subordinate to any future federal , state , and/or local requirements. Nothing in this General Information shall be construed to require or compel Qwest to construct, install , modify, or place any Poles/lnnerduct or other facility for use by the CLEC. The costs included in the Polesllnnerduct Verification Fee are used to cover the costs incurred by Qwest in determining if Polesllnnerduct space is available to meet the CLEC's request; however the CLEC must agree and will be responsible for payment of the actual costs incurred if such costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit can be provided upon request. If Qwest denies access, Qwest shall do so in writing, specifying the reasons for denial within 45 days of the initial inquiry. Likewise , the fees included in the ROW processing costs quotation are used to cover the costs incurred by Qwest in searching its databases and preparing the Access Agreement. In the event that complications arise with respect to preparing the Access Agreement or any other aspect of conveying access to Qwest's ROW, the CLEC agrees to be responsible for payment of the actual costs incurred if such costs exceed the standard fees; actual costs shall include, without limitation , personnel time , including attorney time. DISPUTE RESOLUTION 1. Other than those claims over which a federal or state regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AM") unless otherwise provided herein. The arbitrator shall be selected in accordance with AM procedures from a list of qualified people maintained by MA. The arbitration shall be conducted in the regional MA office closest to where the claim arose. 2. All expedited procedures prescribed by the AAA shall apply. The arbitrator s decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction , federal law (including the provisions of the Federal Arbitration Act, 9 U. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. 4. If any party files a judicial or administrative action asserting claims subject to arbitration and another party successfully stays such action and/or compels arbitration of such claims, the Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 4 Exhibit D party filing the action shall pay the other party s costs and expenses incurred in seeking such stay or compelling arbitration , including reasonable attorney s fees. Date/lni tials/CO MP ANY IS T A TEl Agreements Number CDS- xxxxxx - xxxxQwest Idaho October 4, 2004 Page 5 Exhibit D ATTACHMENT 1. A Poles/lnnerductl or ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assigned before processing): Date Submitted:Date Replied to CLEC: CLEC Name Billing Address: Phone Number: State and city of inquiry: Contact name: e-mail address: Poles/lnnerduct Permit Database Search Costs Quotation (One Mile Minimum) Costs Est. Miles Total 1. Pole Inquiry Fee (see attached pricing chart) X 2. Innerduct Inquiry Fee (see attached pricing chart) X 3. ROW Records Inquiry (see attached pricing chart) X 4. Estimated Interval for Completion of Items 1 , 2 or 3: 5. Additional requirements of CLEC: Days This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fitting the requested route, if available , and a quote of the charges for field verification , and/or (b) in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and consideration for, the necessary Access Agreements , and copies of ROW documents in Qwest's Possession. (c) For Poles , the name and telephone number of the Field Engineer are provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans. If a field verification of poles is required , Attachment 1.B must be completed and the appropriate charges paid. Innerduct verification is always needed. By signing below and providing payment of the Estimated Costs identified above , the CLEC desires Qwest to proceed with the processing of its database/records search and acknowledges receipt of this General Information , including the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. Quotes expire in 30 days. Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed Title Title Date Date This signed form (original) must be sent with a check for the Inquiry amount (to "Qwest") to: Date/Initials/CaMP ANY/STA TE/ Agreements Number CDS-xxxxxx-xxxxOwest Idaho October 4, 2004 Page 6 Exhibit D Manager, Qwest Joint Use, 6912 S Quentin, Suite 101 , Englewood, CO 80112 303-784-0387 A copy of this form must be sent with two acceptably-detailed maps showing the requested route to: Qwest Service Representative at: wholesale.servicessupportteam(ii)qwestcom Put "Agree" on signature line. Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS- xxxxxx - xxxxQwest Idaho October 4 , 2004 Page 7 Exhibit D ATTACHMENT 1. General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Received:Date Replied to CLEC: NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE. Estimated Costs Number Total Charge 1. Pole Field Verification Fee (10 pole minimum) 2. Innerduct Field Verification Fee 3. Preparation of private ROW documents 4. Access Agreement Prep. and Consideration$lO/ Access Agreement 5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signing below and providing payment of the Total Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its field survey/preparation of Access Agreements, and acknowledges receipt of this General Information , including the General Terms and Conditions under which Qwest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates only and CLEC may be financially responsible for final actual costs which exceed this estimate , or receive credit if requested. Quotes expire in 30 days. Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed Title Title Date Date The original signed form must be sent with a check for the verification amount to: Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 8 Exhibit D Manager, Qwest CLEC Joint Use, 6912 S Quentin , Suite 101 , Englewood, CO 80112 An email copy of this form must be sent to: wholesale.servicessupportteam(Q),qwestcom, with "Agree" on the signature line. Date/lnitials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 9 Exhibit D ATTACHMENT 2 Poles/lnnerduct Order General Agreement BAN Number: NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ) No (Date Received If Yes is checked, estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order:1. Term - Effective Date -2. Summary of Field Results (including Make-Ready work if required).3. When placing fiber, CLEC must: a. provide Qwest representative , a final design of splice, racking and slack locations in Qwest utility holes. b. tag all equipment located in/on Qwest's facilities from beginning of the route to the end , and at the entrance and exit of each utility hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct. thO PnnuaecurnnQarQes or erml: Total Annual Annual Char Quantit CharQe 1. Pole Attachment, Per Pole , Innerduct Occupancy, Per Foot Request conf. call for Construction?YES Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts , not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one foot). If you do not place an order at this time , these Polesllnnerduct will be assigned on a first come-first served basis. Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HAS BEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year s prorated Annual Recurring Charge (or, if CLEC requests Semiannual billing, then the first half-year s prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Polesllnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days. Return this signed form and check to: Manager, Joint Use Supervisor, Suite 101 , 6912 S. Quentin Eng lewood, CO 80112. Send a copy to: wholesale.servicessupportteam(a).qwest.com. Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 10 Exhibit D I TitleDate ~Title Date Date/lni tials/CO MP ANY IS T A TEl Agreements Number CDS- xxxxxx - xxxxQwest Idaho October 4, 2004 Page 11 Exhibit D ATTACHMENT 3 General Agreement: QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("CLEC") and Qwest Corporation ("Qwest"), for one or more Orders for the CLEC to obtain access to Qwest's Right-of-Way ("ROW") and/or to install/attach and maintain their communications facilities ("Facilities ) to Qwest's Poles and/or placement of Facilities on or within Qwest's Innerduct (collectively "Polesllnnerduct") described in the General Information and CLEC Map, which are incorporated herein by this reference (singularly "Order" or collectively, "Orders ). If there is no other effective agreement (i.an Interconnection Agreement) between CLEC and Qwest concerning access to Poles Ducts and ROW then this Agreement/Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. SCOPE. Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC for any lawful telecommunications purpose, (a) one or more nonexclusive, revocable Orders authorizing CLEC to attach , maintain , rearrange, transfer, and remove at its sole expense its Facilities on Poles/lnnerduct owned or controlled by Qwest, and/or (b) access to Qwest's ROW to the extent that (i) such ROW exists, and (ii) Qwest has the right to grant access to the CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local , state and/or federal requirements , and in the case of ROW, to the original document granting the ROW to Qwest or its predecessors. Except as expressly provided herein , nothing in this Agreement shall be construed to require or compel Qwest to construct, install , modify, or place any Poles/lnnerduct or other facility for use by CLEC or to obtain any ROW for CLEC's use. Qwest agrees to provide access to ROW/Poles/lnnerduct in accordance with the applicable local , state or federal law, rule , or regulation, incorporated herein by this reference , which governs this Agreement in the state in which Poles/lnnerduct is provided. TERM. Any Order issued under this Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified in the Order. Any access to ROW shall be non- exclusive and perpetual , subject to the terms and conditions of the Access Agreement (as hereinafter defined) and the original instrument granting the ROW to Qwest. This Agreement shall continue during such time CLEC is providing Polesllnnerduct attachments under any Order to this Agreement. TERMINATION WITHOUT CAUSE. To the extent permitted by law, either party may terminate this Agreement (which will have the effect of terminating all Orders hereunder), or any individual Order(s) hereunder without cause, by providing notice of such termination in writing and by certified Mail to the other party. The written notice for termination without cause shall be dated as of the day it Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxOwest Idaho October 4, 2004 Page 12 3.4 Exhibit D is mailed and shall be effective no sooner than one hundred twenty (120) calendar days from the date of such notice. Termination of this Agreement or any Order hereunder does not release either party from any liability under this Agreement that may have accrued or that arises out of any claim that may have been accruing at the time of termination , including indemnity, warranties and confidential information. If Qwest terminates this Agreement for Cause , or if CLEC terminates this Agreement without Cause, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated Order(s) and shall remove its Facilities from the Poles/lnnerduct within sixty (60) days , or cause Qwest to remove its Facilities from the Poles/lnnerduct at CLEC's expense; provided , however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's Facilities are physically removed. Notwithstanding anything herein to the contrary, upon the termination of this Agreement for any reason whatsoever, all Orders hereunder shall simultaneously terminate. If this Agreement or any Order is terminated for reasons other than Cause , then CLEC shall remove its Facilities from Poles/lnnerduct within one hundred and eighty (180) days from the date of termination; provided , however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's Facilities are physically removed. Qwest may abandon or sell any Poles/lnnerduct at any time by giving written notice to the CLEC. Upon abandonment of Poles/lnnerduct, and with the concurrence of the other CLEC(s), if necessary, CLEC shall , within sixty (60) days of such notice , either apply for usage with the new owner or purchase the Poles/lnnerduct from Qwest, or remove its Facilities therefrom. Failure to remove its Facilities within sixty (60) days shall be deemed an election to purchase the Poles/lnnerduct at the current market value. CHARGES AND BILLING. CLEC agrees to pay Qwest Poles/lnnerduct usage fees ("Fees ) as specified in the Order. Fees will be computed in compliance with applicable local , state and Federal law regulations and guidelines. Such Fees will be assessed , in advance on an annual basis. Annual Fees will be assessed as of January 1 st of each year. Fees are not refundable except as expressly provided herein. CLEC shall pay all applicable Fees and charges specified herein within thirty (30) days from receipt of invoice. Any outstanding invoice will be subject to applicable finance charges. Qwest has the right to revise Fees, at its sole discretion , upon written notice to CLEC within at least sixty (60) days prior to the end of any annual billing period. INSURANCE. The CLEC shall obtain and maintain at its own cost and expense the following insurance during the life of the Contract: Workers' Compensation and/or Longshoremen s and Harbor Workers Compensation insurance with (1) statutory limits of coverage for all employees as required by statute; and (2) although not required by statute, coverage for any employee on the job site; and Date/Initials/CaMP ANY /STA TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 13 5.4 Exhibit D (3) Stop Gap liability or employer liability insurance with a limit of One Hundred Thousand Dollars ($100 000.00) for each accident. General liability insurance providing coverage for underground hazard coverage (commonly referred to as "u" coverage), products/completed operations, premises operations , independent contractor s protection (required if contractor subcontracts the work), broad form property damage and contractual liability with respect to liability assumed by the CLEC hereunder. This insurance shall also include: (1) explosion hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and (2) collapse hazard coverage (commonly referred to as "c" coverage) if the work may cause structural damage due to excavation , burrowing, tunneling, caisson work, or under- pinning. The limits of liability for this coverage shall be not less than One Million Dollars ($1 000 000.00) per occurrence combined single limit for bodily injury or property damage. These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. Comprehensive automobile liability insurance covering the use and maintenance of owned , non-owned and hired vehicles. The limits of liability for this coverage shall be not less than One Million Dollars ($1 000 000.00) per occurrence combined single limit for bodily injury or property damage. These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. Qwest may require the CLEC from time-to-time during the life of the Contract to obtain additional insurance with coverage or limits in addition to those described above. However, the additional premium costs of any such additional insurance required by Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs billed separately and directly to Qwest by the insuring carrier(s). Qwest shall be authorized by the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the extent and limits of the CLEC's insurance coverage in order to assure the sufficiency thereof for purposes of the work performable under the Contract and to assure that such coverage as a hole with respect to the work performable are coordinated from the standpoint of adequate coverage at the least total premium costs. The insuring carrier(s) and the form of the insurance policies shall be subject to approval by Qwest. The CLEC shall forward to Qwest , certificates of such insurance issued by the insuring carrier(s). The insuring carrier(s) may use the ACORD form , which is the Insurance Industries certificate of insurance form. The insurance certificates shall providethat: (1) Qwest is named as an additional insured; (2) thirty (30) calendar days prior written notice of cancellation of, or material change or exclusions in , the policy to which the certificates relate shall be given to Qwest; (3) certification that underground hazard overage (commonly referred to as "u" coverage) is part of the coverage; and (4) the words pertains to all operations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. The CLEC shall not commence work hereunder until the obligations of the CLEC with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve the CLEC of any liability hereunder or in any way modify the CLEC's obligations to indemnify Qwest. Whenever any work is performed requiring the excavation of soil or use of heavy machinery within fifty (50) feet of railroad tracks or upon railroad right-of-way, a Railroad Protective Liability Insurance policy will be required. Such policy shall be issued in the name of the Railroad with standard limits of Two Million Dollars ($2 000 000.00) per Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 14 Exhibit D occurrence combined single limit for bodily injury, property damage or physical damage to property with an aggregate limit of Six Million Dollars ($6 000 000.00). In addition, said policy shall name Qwest and the CLEC/SubCLEC on the declarations page with respect to its interest in these specific job. Said insurance policy shall be in form and substance satisfactory both to the Qwest and the Railroad and shall be delivered to and approved by both parties prior to the entry upon or use of the Railroad Property. Whenever any work must be performed in the Colorado State Highway right-of-way, policies and certificates of insurance shall also name the State of Colorado as an additional insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copies of said certificates must be available on site during the performance of the work. CONSTRUCTION AND MAINTENANCE OF FACILITIES. Qwest retains the right, in its sole judgment, to determine the availability of space on Poles/lnnerduct. When modifications to a Qwest spare conduit include the placement of innerduct, Qwest retains the right to install the number of innerducts required to occupythe conduit structure to its full capacity. In the event Qwest determines that rearrangement of the existing facilities on Poles/lnnerduct is required before CLEC' Facilities can be accommodated , the cost of such modification will be included in the CLEC's nonrecurring charges for the associated Poles/lnnerduct Order. CLEC shall be solely responsible for obtaining the necessary underlying legal authority to occupy Poles/lnnerduct on governmental, federal, Native American , and private rights of way, as applicable , and Qwest does not warrant or represent that providing CLEC with access to the Poles/lnnerduct in any way constitutes such legal right. The CLEC shall obtain any necessary permits, licenses, bonds , or other legal authority and permission, at the CLEC's sole expense , in order to perform its obligations under this Agreement. The CLEC shall contact all owners of public and private rights-of-way, as necessary, to obtain written permission required to perform the work prior to entering the property or starting any work thereon and shall provide Qwest with written documentation of such legal authority prior to placement of its facilities on or in the Poles/lnnerduct. The CLEC shall comply with all conditions of rights-of-way and Orders. CLEC's Facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Bellcore Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code , and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated herein by reference, and any governing authority having jurisdiction of the subject matter of this Agreement. Where a difference in specifications exists , the more stringent shall apply. Failure to maintain Facilities in accordance with the above requirements shall be Cause as referenced in Section 3 to this Agreement for termination of the Order in question. Termination of more than two (2) Orders in any twelve-month period pursuant to the foregoing sentence shall be Cause as referenced in Section 3 for termination of this Agreement. Qwest's procedures governing its standard maintenance practices shall be made available upon request for public inspection at the appropriate Qwest premises. CLEC's procedures governing its standards maintenance practices for Facilities shall be made available to Qwest upon written request. CLEC shall within thirty (30) days comply and provide the requested information to Qwest to bring their facilities into compliance with these terms and conditions. Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 15 6.4. Exhibit D In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated on a priority basis as established by local, state or federal requirements, or where such requirement do not exists, repairs shall be made in the following order: electrical , telephone (local), telephone (long distance), and cable television, or as mutually agreed to by the users of the effected Polesllnnerduct. In the event of an infrastructure outage, the CLEC should contact their Network Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager at the Interconnect Service Center. MODIFICATION TO EXISTING POLES/INNERDUCT. If CLEC requests Qwest to replace or modify existing Poles/lnnerduct to increase its strength or capacity for the benefit of the CLEC and Qwest determines in its sole discretion to provide the requested capacity, the CLEC shall pay Qwest the total replacement cost, Qwest's cost to transfer its attachments , as necessary, and the cost for removal (including destruction fees) of any replaced Poles/lnnerduct , if such is necessary. Ownership of new Poles/lnnerduct shall vest in Qwest. To the extent that a modification is incurred for the benefit of multiple parties , CLEC shall pay a proportionate share of the total cost as outlined above , based on the ratio of the amount of hew space occupied by the Facilities to the total amount of space occupied by all parties joining the modification. Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable safety or other requirements shall be deemed to be for the benefit of the multiple parties and CLEC shall be responsible for its pro rata share of the modification cost. Except as set forth herein, CLEC shall have no obligation to pay any of the cost of replacement or modification of Poles/lnnerduct requested solely by third parties. Written notification of modification initiated by or on behalf of Qwest shall be provided to CLEC at least sixty (60) days prior to beginning modifications if such modifications are not the result of an emergency situation. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not rearrange its facilitates within sixty (60) days after receipt of written notice from Qwest requesting such rearrangement Qwest may perform or cause to have performed such rearrangement and CLEC shall pay for cost thereof. No such notice shall be required in emergency situations or for routine maintenance of Poles/lnnerduct. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction , subsequent and periodic inspections of CLEC's facilities occupying the Poles/lnnerduct system. CLEC shall reimburse Qwest for the cost of such inspections except as specified in Section 8 hereof. CLEC shall provide written notice to Qwest , at least fifteen (15) days in advance, of the locations where CLEC's plant is to be constructed. The CLEC shall forward Exhibit A, entitled "Pulling In Report" attached hereto and incorporated herein by this reference , to Qwest within five (5) business days of the date(s) of the occupancy. Qwest shall provide written notification to CLEC within seven (7) days of the date of completion of a final construction inspection. Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 16 8.4. Exhibit D Where final construction inspection by Qwest has been completed CLEC shall be obligated to correct non-complying conditions within thirty (30) days of receiving written notice from Qwest. In the event the corrections are not completed within the thirty (30)- day period , occupancy authorization for the Polesllnnerduct system where non-complying conditions remain uncorrected shall terminate immediately, regardless of whether CLEC has energized the facilities occupying said Polesllnnerduct system, unless Qwest has provided CLEC a written extension to comply. CLEC shall remove its facilities from said Poles/lnnerduct in accordance with the provisions set forth in Section 10 of this Agreement. No further occupancy authorization shall be issued to CLEC until such non- complying conditions are corrected or until CLEC'facilities are removed from the Pole/Conduit system where such non-complying conditions exist. If agreed to in writing, by both parties, Qwest shall perform such corrections and CLEC shall pay Qwest the cost of performing such work. Subsequent inspections to determine if appropriate corrective action has been taken my be made by Qwest. Once the CLECs facilities occupy Qwest Polesllnnerduct system and Exhibit A has been received by Qwest, Qwest may perform periodic inspections. The cost of such inspections shall be borne by Qwest, unless the inspection reveals any violations hazards, or conditions indicating that CLEC has failed to comply with the provisions set forth in this Agreement, in which case the CLEC shall reimburse Qwest for full costs of inspection, and re-inspection to determine compliance as required. A CLEC representative may accompany Qwest on field inspections scheduled specifically for the purpose of inspecting CLEC'Facilities; however, CLEC's costs associated with its participation in such inspections shall be borne by CLEC. Qwest shall have no obligation to notify CLEC , and CLEC shall have no right to attend , any routine field inspections. The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to the CLEC within thirty (30) days upon completion of the inspection. Final construction , subsequent and periodic inspections or the failure to make such inspections , shall not impose any liability of any kind upon Qwest, and shall not relieve CLEC of any responsibilities , obligations, or liability arising under this Agreement. UNAUTHORIZED FACILITIES If any facilities are found attached to Poles/lnnerduct for which no Order is in effect Qwest, without prejudice to any other rights or remedies under this Agreement, shall assess an unauthorized attachment administrative fee of Two Hundred Dollars ($200.00) per attachment per Pole or innerduct run between manholes , and require the CLEC to submit in writing, within ten (10) day after receipt of written notification from Qwest of the unauthorized occupancy, a Poles/lnnerduct application. Qwest shall waive the unauthorized attachment fee if the following conditions are both met: (1) CLEC cures such unauthorized attachment (by removing it or submitting a valid Order for attachment in the form of Attachment 2 of Exhibit D, within thirty (30) days of written notification from Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e., pulling additional innerduct) prior to the cure by CLEC. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than by CLEC.lf such application is not received by Qwest within the specified time period , the CLEC will be required to remove its unauthorized facility within ten (10) days of the final date for Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 17 10. Exhibit D submitting the required application, Qwest may remove the CLEC'facilities without liability, and the cost of such removal shall be borne by the CLEC. For the purpose of determining the applicable charge, the unauthorized Poles/lnnerduct occupancy shall be treated as having existed for a period of five (5) years prior to its discovery, and the charges, as specified in Section 4 , shall be due and payable forthwith whether or not CLEC is ordered to continue the occupancy of the Poles/lnnerduct system. No act or failure to act by Qwest with regard to an unauthorized occupancy shall be deemed to constitute the authorization of the occupancy; any authorization that may be granted subsequently shall not operate retroactively or constitute a waiver by Qwest of any of its rights of privileges under this Agreement or otherwise. REMOVAL OF FACILITIES. Should Qwest, under the provisions of this Agreement, remove CLEC'Facilities from the Poles/lnnerduct covered by any Order (or otherwise), Qwest will deliver the Facilities removed upon payment by CLEC of the cost of removal , storage and delivery, and all other amounts due Qwest. If payment is not received by Qwest within thirty (30) days, CLEC will be deemed to have abandoned such facilities, and Qwest may dispose of said facilities as it determines to be appropriate. If Qwest must dispose of said facilities, such action will not relieve CLEC of any other financial responsibility associated with such removal as provided herein. If CLEC removes its Facilities from Poles/lnnerduct for reasons other than. repair or maintenance purposes , the CLEC shall have no right to replace such facilities on the Poles/lnnerduct until such time as all outstanding charges due to Qwest for previous occupancy have been paid in full. CLEC shall submit Exhibit B , entitled "Notification of Surrender of Modification of Conduit Occupancy License by CLEC " or Exhibit C , entitled "Notification of Surrender of Modification of Pole Attachment by CLEC " each as attached hereto , advising Qwest as to the date on which the removal of Facilities from each Poles/lnnerduct has been completed. 11.INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnify and hold harmless Qwest, its owners, parents, subsidiaries , affiliates , agents , directors, and employees against any and all liabilities, claims, judgments , losses, orders, awards, damages , costs , fines penalties , costs of defense, and attorneys' fees ("Liabilities ) to the extent they arise from or in connection with: (1) infringement, or alleged infringement, of any patent rights or claims caused or alleged to have been caused, by the use of any apparatus, appliances, equipment, or parts thereof, furnished , installed or utilized by the CLEC; (2) actual or alleged fault or negligence of the CLEC , its officers, employees, agents, subcontractors and/or representatives; (3) furnishing, performance, or use of any material supplied by CLEC under this Contract or any product liability claims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its officers , employees , agents, subcontractors and/or representatives to comply with any term this Contract or any applicable local , state , or federal law or regulation , including but not limited to the OSH Act and environmental protection laws; (5) assertions under workers' compensation or similar employee benefit. acts by CLEC or its employees, agents, subcontractors , or subcontractors' employees or agents; (6) the acts or omissions (other than the gross negligence or willful misconduct) of Qwest, its officers, employees , agents, and representatives , except as otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that may rise , including damages for delay or other related economic damages that the Qwest or third parties may suffer or allegedly suffer as a result of the performance or failure to perform work by the CLEC. If both Qwest and the CLEC are sued as a result of or in connection with the performance of work arising out of this Contract, the parties hereby agree that the defense of the case (including the costs of the defense and attorneys' fees) shall be the responsibility of the CLEC, if Qwest desires. Qwest shall give the CLEC reasonable written notice of all such claims Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 18 Exhibit D and any suits alleging such claims and shall furnish upon the CLEC's request and at the CLEC' expense all information and assistance available to the Qwest for such defense. The parties shall employ Article 13, Dispute Resolution , to resolve any dispute concerning the proportional fault and liability after the underlying case is terminated. 11. 11. 11. 11.4 12. IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO , ALL CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CLEC , AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH A CLAIM. Except as expressly provided herein , NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO , ANY LOSS OF USE LOSS OF BUSINESS OR LOSS OF PROFIT; provided , however, there shall be no limitation on a party's liability to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal , state or local administrative agency resulting from the failure of the party to comply with any term or condition of this Contract or any valid and applicable law, rule or regulation. FOR ANY WORK PERFORMED IN ARIZONA, IDAHO , SOUTH DAKOTA, UTAH OR WASHINGTON , SECTION 11(6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA NEW MEXICO, OR OREGON , ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY , EQUIPMENT, OR OTHER SUCH DEVICES USED AS PART OF A MANUFACTURING , COVERING , OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM , AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION , TRANSMISSION OR DISTRIBUTION PURPOSES. FORCE MAJEURE 12. 12. The CLEC shall be excused from its performance as to any Order if prevented by acts or events beyond the CLEC's reasonable control including extreme weather conditions strikes, fires , embargoes, actions of civil or military law enforcement authorities, acts of God , or acts of legislative , judicial , executive, or administrative authorities. If such contingency occurs , Qwest may elect: 12.1 To terminate this Agreement as to the Order in question; or Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 19 12. 12.4 Exhibit D 12.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to perform , or any part thereof, and to assign new specific work assignments to other parties for the duration of the cause of the delay; or 12.3 To suspend already-assigned specific work assignment(s) the CLEC is unable to perform, or any part thereof, for the duration of the cause of the delay; and to assign new specific work assignments to other parties for the duration of the cause of the delay. Qwest shall be deemed to have elected Section 12.3 above unless written notice of termination is given by Qwest after the contingency occurs. With respect to Qwest's election of Section 12.3 above: 12.1 Qwest shall give the CLEC written notice of the work to be performed by such other party prior to its performance and shall deduct from the CLEC' price the cost of the work or services actually performed by such other parties. 12.2 The CLEC shall resume performance , and complete any work not performed or to be performed by another party, once the delaying cause ceases. 12.3 If appropriate, at the Qwest's discretion , the time for completion of specific work assignment(s) shall be extended up to the length of time the contingency endured. Qwest shall be excused from its performance if prevented by acts or events beyond the Qwest's reasonable control including extreme weather conditions , strikes , fires embargoes, actions of civil or military law enforcement authorities , acts of God, or acts of legislative , judicial , executive , or administrative authorities. 13. DISPUTE RESOLUTION.13. Other than those claims over which a regulatory agency has exclusive jurisdiction , all claims , regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA") unless otherwise provided herein. The arbitrator shall be selected in accordance with AAA procedures from a list of qualified people maintained by AAA. The arbitration shall be conducted in the regional AAA office closest to where the claim arose. 13.2. All expedited procedures prescribed by the AAA shall apply. The arbitrator s decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 13.Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 20 14. 13.4. Exhibit D If any party files a judicial or administrative action asserting claims subject to arbitration and another party successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other party s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney s fees. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal , state, and local laws, rules , regulations , court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Poles/lnnerduct is provided. Nothing contained herein shall substitute for or be deemed a waiver of the parties' respective rights and obligations under applicable federal, state and local laws, regulations and guidelines, including (without limitation) Section 224 of the Communications Act of 1934 , as amended (47 U.C. 224). The CLEC represents that it is a certified Competitive Local Exchange Carrier or otherwise has the legal right, pursuant to 47 U.C. 224 to attach to Qwest's pole pursuant to the terms thereof. The CLEC acknowledges that Qwest will rely on the foregoing representation , and that if such representation is not accurate, this Agreement shall be deemed void ab initio except for Article 9 hereof, for which CLEC shall remain fully liable. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful this Agreement , or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision , the remainder of this Agreement shall continue in effect. 15. 16.GENERAL PROVISIONS. 16. 16. 16. 16.4 Failure or delay by either party to exercise any right , power, or privilege hereunder, shall not operate as a waiver hereto. This Agreement shall not be assignable by CLEC without the express written consent of Qwest, which shall not be unreasonably withheld. Assignment of this Agreement by CLEC to CLEC's subsidiary or affiliate shall be presumed to be reasonable; provided however, that CLEC must obtain Qwest's consent in any event. This Agreement benefits CLEC and Qwest. There are no third party beneficiaries. This Agreement constitutes the entire understanding between CLEC and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 21 Exhibit D The parties hereby execute and authorize this Agreement as of the latest date shown below: CLEC Qwest Corporation Signature Signature Name Typed or Printed Name Typed or Printed PRODUCT MANAGER TitleTitle Date Date Address for Notices Address for Notices Qwest Corporation 1801 California , Rm. 2330 Denver, CO 80202 Contact:Contact: Manager Phone:Phone:303-896-0789 FAX:FAX:303-896-9022 Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 22 Exhibit D EXHIBIT A PULLING IN REPORT This report is to be completed by the CLEC when fiber cable is placed into innerduct. Send to: Manaqer, Qwest Corp 700 W Mineral. Rm IAF12 Littleton , CO 80120 (303-707-7598) This is to advise you that pursuant to General Agreement No. granted to us under the terms of the Innerduct Agreement dated - we have completed installation of the following cable into the following ducts. Municipality Location From Manhole at Manhole at Cable and Equipment Installed Name of CLEC By: Title: Receipt of the above report is hereby acknowledged Qwest Corporation By: Title: Reports shall be submitted in duplicate. A complete description of all facilities shall be given, including a print showing the locations quantities , sizes and types of all cables and equipment. Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor as shown on Exhibit -' unless a change has been previously authorized in writing by Licensor. Date/lnitials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 23 Exhibit D EXHIBIT B GLEC: NOTIFICATION OF SURRENDER OR MODIFICATION OF CONDUIT OCCUPANCY ORDER BY CLEC Return to: Manaqer, Qwest Corp 700 W Mineral , Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of this Agreement between us, dated notice is hereby given that the licenses covering occupancy of the following conduit are surrendered (and/or modified as indicated in Licensee s prior notification to Licensor, dated ) effective CONDUIT LOCATION LlC. NO. &SURRENDER OR DATE DATE MODIFICATION FAC. RMVD. OR MODIFIED Name of Licensor Name of Co- Provider Date Notification Received Title Date Modification Accepted Discontinued:Total duct footage Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 24 Exhibit D EXHIBIT C NOTIFICATION OF SURRENDER OR MODIFICATION OF POLE ATTACHMENT ORDER BY CLEC GLEC: Return to: Manaqer, Qwest Corp 700 W Mineral Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of the Agreement between Qwest and CLEC , dated , notice is hereby given that the licenses covering attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand is surrendered (or modified as indicated in CLEC's prior notification to Qwest, dated ,) effective POLE NO.ASSOC. POLE LlC. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVD OR MODIFIED AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - AlGS - Date Notification Received Date Modification Received By:Name of CLEC Discontinued: Poles Anchors By: Anchor/Guy Strands Its: Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 25 Exhibit D ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recording, please return to: Manaqer 700 W Mineral , Rm IAF12 Littleton , CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (this "Aqreement ) is made as of the day of -' 20 , by and between QWEST CORPORATION a Colorado corporation, successor in interest to U S WEST COMMUNICATIONS INC.Colorado corporation Grantor ), whose address and , whose address is Grantee RECITALS This Agreement relates to certain real property (the Property ) located in the County of (the County ), State of (the "State B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property, as described therein (the "Easement Riqhts ), is attached as Exhibit A (the Riqht of Way Aqreement") C. Pursuant to 42 U.C. ~~ 224 and 251(b)(5), Grantor, as a Local Exchange Carrier, is required to provide access to rights-of-way to a requesting telecommunications carrier, as defined in 42 C. ~ 224. Grantee is a telecommunications carrier that has requested access to Grantor s Easement Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee its Easement Rights , if any, relating to the Property, to the extent Grantor may legally convey such an interest. D. Subject to the terms and conditions set forth in this Agreement , Grantor has agreed to convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and Grantee has agreed to accept such conveyance. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged , the parties hereby agree as follows: 1. Grant of Riqht of Access . Grantor hereby conveys to Grantee and its Authorized Users (as defined below) a non-exclusive, perpetual right to access and use the Easement Rights, which right shall be expressly (a) subject to, subordinate to, and limited by the Right of Way Agreement, and (b) subject to the terms and conditions hereof. As used in this Agreement , " Authorized Users of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee , as applicable , their respective Affiliates and agents licensees , employees , and invitees , including, without limitation, contractors, subcontractors, consultants Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 26 Exhibit D suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "Affiliates means, with respect to any Person , any Person that controls, is controlled by or is under common control with such Person, together with its and their respective members, partners, venturers, directors , officers stockholders, agents , employees and spouses. A Person shall be presumed to have control when it possesses the power, directly or indirectly, to direct, or cause the direction of, the management or policies of another Person, whether through ownership of voting securities, by contract , or otherwise. Person means an individual, partnership, limited liability company, association, corporation or other entity. 2. Grantor s Reserved RiQhts.Grantor reserves to itself and its Authorized Users the right to use the Easement Rights for any purpose not incompatible with the rights conveyed to Grantee by this Agreement. 3. Conditions Precedent to Effectiveness of AQreement. conditioned on the following: This Agreement is expressly a. Recordation of AQreement.If the Right-of-Way Agreement has been publicly recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for recording in the real property records of the County, shall pay for the recording thereof, and shall provide a copy of the recorded Agreement to Grantor at the address set forth above. A legible copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effective. b. Payment of Costs and Expenses . Grantee shall pay to or reimburse Grantor for all costs and expenses , including reasonable attorneys' fees , relating to Grantor s execution and delivery of this Agreement. 4. Grantee s Representations and Warranties.Grantee represents and warrants to Grantor that: a. Authority. Grantee is a , duly formed and validly existing under the laws of the State of All necessary action has been taken by Grantee to execute and deliver this Agreement and to perform the obligations set forth hereunder. Grantee is a telecommunications carrier" as that term is defined in 42 U.C. ~ 224. b. Due DiliQence. Grantee acknowledges and agrees that neither Grantor nor any agent employee , attorney, or representative of Grantor has made any statements, agreements promises, assurances, representations , or warranties , whether in this Agreement or otherwise and whether express or implied , regarding the Right of Way Agreement or the Easement Rights or the assignability or further granting thereof, or title to or the environmental or other condition of the Property. Grantee further acknowledges and agrees that Grantee has examined and investigated to its full satisfaction the physical nature and condition of the Property and the Easement Rights and that it is acquiring the Easement Rights in an "AS IS , WHERE IS" condition. Grantee expressly waives all claims for damages by reason of any statement, representation warranty, assurance, promise or agreement made , if any. Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 27 Exhibit D 5. Grantee s Covenants. a. Compliance with Riqht of Way Aqreement.Grantee agrees that the rights granted by Grantor hereunder are expressly subject to , subordinate to, and limited by the Right of Way Agreement, and Grantee further agrees to comply in all respects with the terms and conditions of the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the event Grantee fails to observe or perform any of its obligations under the Right of Way Agreement, Grantor shall have the right, but not the obligation, to perform or observe such obligation to the extent that such obligation can be observed or performed by Grantor. b. Compliance with Laws. Grantee agrees to use the Property and the Easement Rights in compliance with all applicable laws. c. No Further Grant.Grantee shall not grant to any Person other than Grantee Authorized Users the right to use the Easement Rights without the prior written consent of Grantor, which consent may be granted or withheld in Grantor s sole discretion. d. Non-Interference. Grantee agrees that it will not interfere with Grantor s or Grantor Authorized Users' use of the Easement Rights and will not take any action or fail to take any action that would negatively affect the Easement Rights or cause or contribute to the termination of the Right of Way Agreement. 6. Indemnification.Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and their respective Affiliates harmless from and against any and all claims , judgments, damages , liabilities penalties, fines, suits , causes of action, costs of settlement, and expenses (including, without limitation reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users or any of them , arising from , relating to or caused by Grantee s breach of this Agreement or the use , or the use by any of Grantee s Authorized Users, of the Easement Rights. In addition to the indemnity obligations described above , in the event that any act or omission of Grantee or Grantee s Authorized Users causes , directly or indirectly, and without reference to any act or omission of Owner, Grantor or their respective Authorized users , the termination or revocation of the Easement Rights , Grantee shall be liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights overthe Property or over other suitable Property, as determined in Grantor sole judgment (the Replacement Easement ), (b) the fully-loaded cost of constructing replacement facilities over the Replacement Easement, (c) the cost of removing its facilities and personal property from the Property, if required by the Right of Way Agreement , and (d) any other costs of complying with the Right of Way Agreement , including, without limitation , reasonable attorneys' fees. Grantee shall pay all such amounts within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or their respective Authorized Users. 7. Condemnation . If any action is taken whereby the Right of Way Agreement or any part of the Easement Rights are terminated , relocated or otherwise affected, by any taking or partial taking by a governmental authority or otherwise, then such any compensation due or to be paid to the holder of the Easement Rights due to such occurrence shall belong solely to Grantor. 8. Severable Provisions If any term of this Agreement shall , to any extent, be invalid or unenforceable , the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9. Default; Remedies . (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is filed against Grantee , which is not dismissed on or before fifteen (15) days after such filing, or (b) in the Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxOwest Idaho October 4, 2004 Page 28 Exhibit D event of Grantee s breach or threatened breach of any term, covenant or condition of this Agreement then Grantor shall have, in addition to all other legal and equitable remedies , the right to (x) terminate this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance , or (z) enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit , in case it becomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether suit be brought or not, and whether through courts of original jurisdiction , as well as in courts of appellate jurisdiction , or through a bankruptcy court or other legal proceedings. 10. Bindinq Effect.This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be assigned at any time in whole or in part by Grantor. 11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no intended third-party beneficiaries to this Agreement. 12. Grantor s Waiver of Confidentiality. If the Right of Way Agreement is not publicly recorded Grantor hereby grants a limited waiver of any right to keep the terms and conditions of the Right of Way Agreement confidential, except for any dollar amounts in the Right of Way Agreement, which rights Grantor expressly reserves , and subject to Grantee s and Owner s compliance with the terms and conditions in this paragraph. In all instances , Grantee will use the Right of Way Agreement only for the following purposes: (a) to determine whether Grantor has ownership or control over duct, conduits , or rights-of-way within the property described in the Right of Way Agreement; (b) to determine the ownership of wire within the property described in the Right of Way agreement; or (c) to determine the demarcation point between Grantor facilities and the Owner s facilities in the property described in the agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any Grantee agents or employees engaged in sales , marketing, or product management efforts on behalf of Grantee. Grantor s waiver of rights subject to the limitations set forth above, is intended to be effective whether or not such right to confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor further covenants not to assert any claim or commence any action , lawsuit , or other legal proceeding against Owner or Grantee , based upon or arising out of Grantor s alleged right to confidentiality relating to the Right of Way Agreement , except in the event of disclosure of dollar amounts in the Right of Way Agreement. Grantor s waiver is expressly conditioned on Owner s waiver of Owner s confidentiality rights, as set forth in the Consent to Disclosure form , which is a part hereof, or Grantee s provision to Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legal action arising out of Owner s provision of a non-recorded agreement to Grantee. In the event that , the person executing the Consent to Disclosure form does not have the legal right to bind the Owner Grantor reserves the right to maintain an action for damages , including, without limitation , consequential damages, arising from such improper execution against any Person improperly executing the Consent to Disclosure form. In any event, Grantor reserves its right to (a) to enforce the confidentiality provisions of the Right of Way Agreement as to any dollar amounts set forth in such Right of Way Agreements , and/or (b) to maintain an action for damages, including, without limitation , consequential damages , arising from the disclosure of the dollar amounts in any Right of Way Agreement, against any party, including, without limitation , against Grantee or against any Person improperly executing the Consent to Disclosure form. 13. Notices . All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepaid , by United Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 29 Exhibit D States certified mail , return receipt requested , or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto , or to such other address as a party may request in a writing complying with the provisions of this Section. 14. Modification: Counterparts. This Agreement may not be amended, modified or changed , nor shall any waiver of any provision hereof be effective , except by an instrument in writing and signed by the party against whom enforcement of any amendment, modification , change or waiver is sought. This Agreement may be executed in any number of counterparts , all of which shall constitute but one and the same document. 15. Controllinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 16. Waiver of JUry Trial.THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. rSiqnature paqes follow7 Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 30 Exhibit D EXECUTED as of the date first written above. GRANTOR: Witnessed by:QWEST CORPORATION , a Colorado corporation successor in interest to US WEST COMMUNICATIONS , INC. a Colorado corporation COUNTY OF By: Name: Title: ) ss: STATE OF The foregoing instrument was acknowledged before me this day of, by of QWEST CORPORATION , a Colorado corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 31 Exhibit D EXECUTED as of the date first written above. GRANTEE: Witnessed by:, a COUNTY OF . By: Name: Title: ) ss: STATE OF The foregoing instrument was acknowledged before me this day of, by Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: Date/Initials/COMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4 , 2004 Page 32 Exhibit D CONSENT TO DISCLOSURE THE UNDERSIGNED , a Ownerwhose address is , hereby consents to the terms of the following paragraphs regarding the agreement described or entitled as between Qwest Corporation , formerly U S WEST Communications, Inc. ("Qwest") and Owner for the property located at Property ) that provides Qwest with access to Owner s Property (the "Aqreement FOR TEN DOLLARS ($10) and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , Owner agrees as follows: 1. Title to Property.Owner represents and warrants either (a) that Owner is the owner of fee title to the Property described in the Agreement or, if no description of the Property is given in the Agreement, then (b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, if any, under the Agreement. Owner further represents and warrants that Owner has the legal right to execute this Consent to Disclosure, including, without limitation , the right to waive the confidentiality of the Agreement as set forth in paragraph 3 of this Consent to Disclosure. 2. Owner s Acknowledqments . Owner expressly acknowledges that (a) this is a legal document that may affect Owner s rights and Owner was given the opportunity to have the Agreement and this Consent to Disclosure reviewed by Owner s attorney; and (b) Owner, by signing this Consent to Disclosure waives any rights it may have to keep the terms and provisions of the Agreement confidential. 3. Owner s Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and conditions of the Agreement confidential , whether or not such right to confidentiality is expressly set forth in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further covenants not to assert any claim or commence any action , lawsuit, or other legal proceeding against Qwest or CLEC presenting this Consent to Disclosure, based upon or arising out of Owner s alleged right to confidentiality relating to the Agreement. Owner s consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 4. Qwest's Waiver of Confidentiality. Qwest represents and warrants that it is granting a limited waiver of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with the requirements of paragraph 5 and Qwest's right to redact all dollar amounts set forth in the Agreement. Qwest's consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purposes and for no other purpose whatsoever: (a) to determine whether Qwest has ownership or control over duct, conduits , or rights-of-way within the Property described in the Agreement; or (b)to determine the ownership of wire within the Property described in the Agreement; or Date/Initials/CaMP ANY /ST A TE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 33 Exhibit D (c) to determine the demarcation point between Qwest facilities and the Owner s facilities in the Property described in the Agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf of CLEC. 6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does not agree to waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges that Owner has no right to provide copies of such Agreements to any party unless Owner has completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLEC shall comply with the conditions set forth in paragraph 5. 7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered , or (b) three (3) business days after being mailed postage prepaid , by United States certified mail , return receipt requested , or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto, or to such other address as a party may request in a writing complying with the provisions of this Section. EXECUTED as of the date first written above. OWNER: CLEC: Date/Initials/COMP ANY/ST A TE/ Agreements Number CDS-xxxxxx-xxxxOwest Idaho October 4 , 2004 Page 34 Exhibit D EXHIBIT 1 Right of Way Agreement (This represents the ROW agreement between the Co-Provider and the property owner) Date/lnitials/COMPANY/STATE/ Agreements Number CDS-xxxxxx-xxxxQwest Idaho October 4, 2004 Page 35 Owest All States EXHIBIT E INTENTIONALLY LEFT BLANK October 4, 2004 Page 1 EXHIBIT F SPECIAL REQUEST PROCESS The Special Request Process shall be used for the following requests: Intentionally Left Blank. Intentionally Left Blank. Requesting a combination of Unbundled Network Elements that is a combination not currently offered by Qwest as a standard product and: that is made up of UNEs that are defined by the FCC or the Commission as a network element to which Qwest is obligated to provide unbundled access and; that is made up of UNEs that are ordinarily combined in the Qwest network. 1.4 Requesting an Unbundled Network Element that does not require a technical feasibility analysis and has been defined by the FCC or the State Commission as a network element to which Qwest is obligated to provide unbundled access , but for which Qwest has not created a standard product.2. Any request that requires an analysis of Technical Feasibility shall be treated as a Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. If it is determined that a request should have been submitted through the BFR process, Qwest will consider the BFR time frame to have started upon receipt of the original Special Request application form.3. A Special Request shall be submitted in writing and on the appropriate Qwest form which is located on Qwest's website.4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of receipt.5. Qwest shall respond with an analysis, including costs and timeframes, within fifteen (15) business days of receipt of the Special Request. In the case of UNE Combinations , the analysis shall include whether the requested combination is a combination of network elements that are ordinarily combined in the Qwest network. If the request is for a combination of network elements that are not ordinarily combined in the Qwest network , the analysis shall indicate to CLEC that it should use the BFR process if CLEC elects to pursue its request.6. Upon request, Qwest shall provide CLEC with Qwest's supporting cost data and/or studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Qwest under the non-disclosure sections of this Agreement. Owest All States August 24, 2006 Page 1 Qwest All States EXHIBIT G INTENTIONALLY LEFT BLANK October 4 , 2004 Page 1 EXHIBIT H Calculation of the Relative Use Factor (RUF) Minutes that are Qwest's responsibility (A): All EAS/Local 251 (b )(5) Minutes of Use (MOU) that Qwest sends to CLEC All Qwest Exchange Access MOU that Qwest sends to CLEC EAS/Local 251 (b)(5) traffic that transits Qwest network and is terminated to CLEC for which Qwest receives compensation from the originating Carrier for performing the local transiting function AlllntraLATA transit MOU that Qwest sends to CLEC AIIISP-bound and FX MOU that CLEC sends to Qwest Minutes that are CLEC's responsibility (B) All EAS/Local 251 (b)(5) MOU that CLEC sends to Qwest All Exchange Access MOU that CLEC sends to Qwest All EAS/Local 251 (b )(5) traffic that CLEC sends to Qwest for termination on another Carrier s network AlllntraLATA transit MOU that CLEC to Qwest All Jointly Provided Switched Access (unless joint NECA 4 billing percentages have been filed) that Qwest sends to CLEC and that CLEC sends to Qwest AIIISP-bound and VNXX MOU that Qwest sends to CLEC All VNXX MOU that transits Qwest network and is terminated to CLEC The mathematical equation for RUF is as follows: Qwest (A) / (A+B)Rounded to nearest whole percentage CLEC (B) / (A+B)Rounded to nearest whole percentage Data used for the calculation will be the average of the most recent three (3) months usage determined not to be an anomaly. Exhibit H -Owest Fourteen State Template Version 1.8, May 11 , 2005 Qwest All States Except Minnesota and Washington Exhibit I - Individual Case Basis This Agreement contains references to both ICB rates and ICB intervals. The purpose of this exhibit is to identify how CLEC's ICB requests - whether they be for rates or intervals - are processed through and by Qwest. ICB Rate Intervals 2.1 For those products and services identified in the SGAT that contain a provision for ICB rates, Qwest will provide CLEC with a written quote of the ICB rate within twenty (20) business days unless a specific interval for providing the quote is either contained in the SGA T or this Exhibit. The purpose of this subsection is to identify those circumstances when the generic twenty (20) business day interval in the aforementioned subsection to this Exhibit does not apply. In these specified circumstances, Qwest shall provide CLEC with an ICB quote within the stated specific intervals: 2.2.Quotes for all Bona Fide Requests (BFR) shall be provided in accord with Section 17. Quotes for all Special Request Processes (SRP) shall be provided in accord with Exhibit F. Quotes for all collocation requests, regardless of the type of collocation, shall be provided in accord with the Section 8 interval. 2.4 Quotes for all Field Connection Point requests shall be provided in accord with Section 9. Quotes for all Advanced Intelligent Network (AIN) requests shall be provided in accord with Section 9. Upon request, Qwest shall provide CLEC with Qwest's supporting cost data and/or cost studies for the Unbundled Network Element or service that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Consistent with the tenns and conditions of any applicable vendor contract or agreement, Qwest shall diligently pursue obtaining the release of cost information as soon as reasonably possible. To the extent consistent with the terms and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost infonnation when Qwest communicates with the vendor(s) when Qwest seeks a quote for the costs of the ICB project. Such cost data shall be treated as confidential infonnation if requested by Qwest under the non-disclosure sections of this Agreement. Negotiations Template, Exhibit I 20-Page 1 Exhibit I - Individual Case Basis ICB Provisioning Intervals 3.1 For those products and services provided pursuant to this SGAT that contain a provision for ICB interval but do not contain a specific provision for when the ICB interval shall be provided, the ICB interval shall be provided within twenty (20) business days of receipt of the order, request or application. 3.2 For ICB intervals for those products and services that require negotiated project time lines for installation, such as 2/4 wire analog loop for more than twenty-five (25) loops, the Qwest representative, authorized to commit to intervals, shall meet with CLEC's representative within seven (7) business days of receipt of the request from CLEC to negotiate intervals. Negotiations Template, Exhibit I 20-Page 2 08/23/2007 17: 42 FAX 141 0021002 Exhibit J Election of Reciprocal Compensation Option Pursuant to the election in this Exhibit J of this Agreemen~ the Parties agree to exchange (~251(b)(5)) Traffic, per section 7.4 at CLEC must select either 1. OR 2. 1. The rates applicable to ~251 (b)(5) Traffic between Qwest and CLEC shall be the same as the rates established in ISP-bound traffic pursuant to Exhibit A, Section 7.7. Such rate for ISP-bound traffic will apply to ~251(b)(5) Traffic in lieu of End Office Call Termination rates, and Tandem Switched Transport rates. ~ - ~ Si9nature ~(,'~~~~ ~~' O'" ('vI,I;U. ,;: P""-s- JJe...-t- ;( 1,6"'1- 2. Comp ation rate for 9251 (b)(5) Traffic shall be as established by the Commission pursuant to Exhibit A, Section 7., the rates as appropriate. Signature When the FCC ordered rate for ISP-bound traffic is applied to (S251(b)(5)) Traffic, the FCCOrdered ISP rate is used in lieu of End Office call termination and Tandem Switched Transport rate elements. Negotiations Template Exhibit J 30-07 Page 1 Exhibit K PERFORMANCE ASSURANCE PLAN Introduction As set forth in this Agreement, Qwest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), initially prepared in conjunction with Qwest's application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service and subsequently modified in accordance with the Commission s orders and , where applicable , by operation of law. Plan Structure The PAP is a two-tiered , self-executing remedy plan. CLEC shall be provided with Tier 1 payments if, as applicable , Qwest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet applicable benchmarks. As specified in section 7., if Qwest fails to meet parity and benchmark standards on an aggregate CLEC basis, Qwest shall make Tier 2 payments to a Fund established by the state regulatory commission or , if required by existing law, to the state general fund. As specified in sections 6.0 and 7.0 and Attachments 1 and 2 , payment is generally on a per occurrence basis , (i., a set dollar payment times the number of non-conforming service events). For the performance measurements which do not lend themselves to per occurrence payment , payment is on a per measurement basis, (i., a set dollar payment). The .level of payment also depends upon the number of consecutive months of non-conforming performance , (i., an escalating payment the longer the duration of non-conforming performance) unless otherwise specified. Qwest shall be in conformance with the parity standard when service Qwest provides to CLEC is equivalent to that which it provides to its retail customers. The PAP relies upon statistical scoring to determine whether any difference between CLEC and Qwest performance results is significant, that is, not attributable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Qwest retail analogue result in a z-value that is no greater than the critical z- values listed in the Critical Z-Statistical Table in section 5. 2.4 For performance measurements that have no Qwest retail analogue , agreed upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and compare" method. For example , if the benchmark is for a particular performance measurement is 95% or better, Qwest performance results must be at least 95% to meet the benchmark. Percentage benchmarks will be adjusted to round the Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 1- Exhibit K allowable number of misses up or down to the closest integer, except when a benchmark standard and low CLEC volume are such that a 100% performance result would be required to meet the standard and has not been attained in which case section 3.2 applies. Performance Measurements The performance measurements that are in the PAP and either (1) subject to the PAP payment mechanisms or (2) not subject to the PAP payment mechanisms but subject to the Reinstatement/Removal Process set forth in section 3.2 below are identified in Attachment 1 and sections 6.3 and 7.4. Each performance measurement identified is defined in the Performance Indicator Definitions ("PIDs ) included in the SGAT at Exhibit B. 1 On Attachment 1 , the measurements have been designated as Tier 1 Tier 2, or both Tier 1 and Tier 2 and given a High, Medium , or Low designation. Where applicable elsewhere in the PAP , this provision modifies other provisions and operates as follows: For any Tier 1 or Tier 2 benchmark or non-interval parity performance sub-measure , Qwest shall apply one allowable miss to a sub-measure disaggregation that otherwise would require 100% performance before the peiformance is considered as non-conforming to standard (1) if at the GLEe-aggregate level , the performance standard is met or (2) where the GLEe-aggregate performance must be 100% to meet the standard , the GLEe-aggregate performance is conforming after applying one allowable miss at that level. The following measures , which are listed in Attachment 1 or section 7.4, are not subject to the payment mechanisms of the PAP; however, they are subject to the PID Reinstatement/Removal Process. All other measures listed in Attachment 1 section 6.3 or section 7.4 are subject to the PAP payment mechanisms , but they are not subject to the PID Reinstatement/Removal Process. GA-Gateway Availability EB- GA-System Availability EXACT GA- 7 Timely Outage Resolution following Software Releases PO-LSR Rejection Notice Interval PO-50 Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trunks) PO-Billing Completion Notification Timeliness PO-Jeopardy Notice Interval PO-16 Timely Release Notifications OP-17 Timeliness of Disconnects Associated with LN P Orders MR-11 LNP Trouble Reports Cleared within Specified Timeframes BI-Billing Completeness Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 2- Exhibit K NI- NP- Trunk Blocking NXX Code Activation PID Reinstatement/Removal Process: If Qwest's performance for any sub- measure of the PIDs listed in section 3.2 above does not conform to the established PID standard as set forth in the PAP for three consecutive months , that sub-measure will be reinstated (Le., be subject to the PAP payment mechanisms) subject to the retroactive payment provision of section 3.2 and subject to the PAP payment mechanisms effective in the month following the three consecutive months. The determination of whether a PID sub-measure is reinstated is made no later than at the end of the second month following the third consecutive month of non-conforming performance. The sub-measure will remain subject to the PAP payment mechanisms until Qwest's performance for that sub-measure satisfies the established standards for three consecutive months. Effective the month following such conforming performance, the sub-measure will no longer be subject to the PAP payment mechanisms but will continue to be subject to the PID Reinstatement/Removal Process. The determination of whether a PID sub-measure is removed from being subject to the PAP payment mechanisms is made no later than the end of the second month following the third consecutive month of conforming performance. Where applicable elsewhere in the PAP , this PID Reinstatement/Removal Process modifies other provisions and operates as follows: Disaggregation and Reporting Levels: Performance will be evaluated at the lowest level of disaggregation defined in Exhibit B of the SGA T on a GLEe-aggregated or other-aggregated basis such that performance evaluated for the purposes of administering the Reinstatement/Removal Process on a statewide or regionwide level , as applicable per the PID. 3.2 Retroactive Payments: To calculate retroactive payments for the sub- measures reinstated , PAP payment mechanisms will be applied to the three consecutive months in which the standard was missed , which triggered reinstatement. These retroactive payments will be made to applicable CLECs or the Tier 2 Fund , depending upon the tier designation of the PID , at the end of the third month after the month in which performance triggered re- instatement. Accounting for Payments: In support of retroactive payments (section 3.2 above), Qwest will account separately for PAP payments that would have been made to individual CLECs or to the Tier 2 Fund for a sub-measure as though it had been subject to the PAP payment mechanisms, where automatic reinstatement applies , and account separately in the same manner for the time between when it determined that a sub-measure met the standard for automatic removal and the effective date of removal (the month following the three consecutive "met" months). With regard to sub-measures that are subsequently removed again through this process, any PAP payments Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26,2007 - 3- Exhibit K made during the three consecutive months which triggers automatic removal will not be recovered by Qwest. 3.2.Interest: In the case of automatic reinstatement , retroactive payments will include interest calculated at the prime rate as reported in the Wall Street Journal from the date a payment would have been made to the date the payment is actually made. Tracking: Qwest will track and report service and payment results , including retroactive and avoided (i., during periods of removal) PAP payments and the disposition of the avoided payments on a CLEC, PID sub-measure and aggregate basis each month. Public Website: Qwest will maintain a public website showing the PAP status of each PID or sub-measure with respect to the applicability of the PAP payment mechanisms (i., reinstated or removed), which eliminates the requirement to make filings with the Commission to modify the PAP due to the application of the PID Reinstatement/Removal Process. Statistical Measurement Qwest uses a statistical test, namely the modified "test " for evaluating the difference between two means (i., Qwest and CLEC service or repair intervals) or two percentages (e., Qwest and CLEC proportions), to determine whether a parity condition exists between the results for Qwest and the CLEC(s). The modified z- tests shall be applicable if the number of data points are greater than 30 for a given measurement. For testing measurements for which the number of data points are 30 or less , Qwest will use a permutation test to determine the statistical significance of the difference between Qwest and CLEC. Qwest shall be in conformance when the monthly performance results for parity measurements (whether in the form of means, percents , or proportions and at the equivalent level of disaggregation) are such that the calculated z-test statistics are not greater than the critical z-values as listed in Table 1 , section 5. Qwest shall be in conformance with benchmark measurements when the monthly performance result equals or exceeds the benchmark , if a higher value means better performance , and when the monthly performance result equals or is less than the benchmark if a lower value means better performance. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 4- Exhibit K The formula for determining parity using the modified z-test is: z = DIFF / O"OIFF Where: DIFF = MQwest - MCLEC MQWEST = Qwest average or proportion MCLEC = CLEC average or proportion O"OIFF = square root LJO"Qwest (1/ n CLEC + 1/ n Qwest)) Qwest = calculated variance for Qwest nQwest = number of observations or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests will be applied to reported parity measurements that contain more than 30 data points. In calculating the difference between Qwest and CLEC performance , the above formula applies when a larger Qwest value indicates a better level of performance. In cases where a smaller Qwest value indicates a higher level of performance , the order is reversed, i.e., MCLEC - MQWEST. For parity measurements where the number of data points is 30 or less Qwest will apply a permutation test to test for statistical significance. Permutation analysis will be applied to calculate the z-statistic using the following logic: Calculate the modified z-statistic for the actual arrangement of the data Pool and mix the CLEC and Qwest data sets Perform the following 1000 times: Randomly subdivide the pooled data sets into two pools , one the same size as the original CLEC data set (nCLEC) and one reflecting the remaining data points , and one reflecting the remaining data points (which is equal to the size of the original Qwest data set or nQWEST). Compute and store the modified z-test score (Zs) for this sample. Count the number of times the z-statistic for a permutation of the data greater than the actual modified z-statistic Compute the fraction of permutations for which the statistic for the rearranged data is greater than the statistic for the actual samples Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26, 2007 - 5- Exhibit K If the fraction is greater than a, the significance level of the test, the hypothesis of no difference is not rejected , and the test is passed. The a shall be .05 when the critical z value is 1.645 and .15 when the critical z value is 1.04. Critical Z-Value The following table shall be used to determine the critical z-value that is referred to in section 6.0. It is based on the monthly business volume of the CLEC for the particular performance measurements for which statistic testing is being performed. TABLE 1: CRITICALZ-VALUE CLEC volume LIS Trunks UDITs,All Other (Sample size)Resale , UBL-DS1 and DS- 04*645 11-150 645 645 151-300 301-600 601-3000 3001 and above The 1.04 applies for individual month testing for performance measurements involving LIS trunks and OS-1 and DS-3 that are UDITs, Resale , or Unbundled Loops. The performance measurements are OP-3d/e , OP-4d/e, OP-, OP-4/5 MR-5a/b, MR-7d/e , and MR- For purposes of determining consecutive month misses , 1.645 shall be used. Where performance measurements disaggregate to zone 1 and zone 2, the zones shall be combined for purposes of statistical testing. Tier 1 Payments to CLEC Tier 1 payments to CLEC shall be made solely for the performance measurements designated as Tier 1 on Attachment 1. The payment amount for non- conforming service varies depending upon the designation of performance measurements as High, Medium , and Low and the duration of the non-conforming service condition as described below. Non-conforming service is defined in section0. Determination of Non-Conforming Measurements: The number of performance measurements that are determined to be non-conforming and therefore , eligible for Tier 1 payments, are limited according to the critical z-value shown in Table 1 , section 5.0. The critical z-values are the statistical standard that Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 6- Exhibit K determines for each CLEC performance measurement whether Qwest has met parity. The critical z-value is selected from Table 1 according to the monthly CLEC volume for the performance measurement. For instance, if the CLEC sample size for that month is 100 , the critical z-value is 1.645 for the statistical testing of that parity performance measurement. Determination of the Amount of Payment: Tier 1 payments to CLEC , except as provided for in sections 6., 6.3 and 10., are calculated and paid monthly based on the number of performance measurements exceeding the critical z-value. Payments will be made on either a per occurrence or per measurement basis depending upon the performance measurement, using the dollar amounts specified in Table 2 below. The dollar amounts vary depending upon whether the performance measurement is designated High , Medium , or Low and escalate depending upon the number of consecutive months for which Qwest has not met the standard for the particular measurement. The escalation of payments for consecutive months of non-conforming service will be matched month for month with de-escalation of payments for every month of conforming service. For example, if Qwest has four consecutive monthly misses" it will make payments that escalate from month 1 to month 4 as shown in Table 2. If, in the next month, service meets the standard , Qwest makes no payment. A payment "indicator" de-escalates down from month 4 to month 3. Qwest misses the following month , it will make payment at the month 3 level of Table 2 because that is where the payment "indicator" presently sits. If Qwest misses again the following month , it will make payments that escalate back to the month 4 level. The payment level will de-escalate back to the original month 1 level only upon conforming service sufficient to move the payment "indicator" back to the month level. For those performance measurements listed on Attachment 2 Performance Measurements Subject to Per Measurement Caps " excluding BI-3A, payment to a CLEC in a single month shall not exceed the amount listed in Table 2 below for the "Per Measurement Cap category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments " if any should be added at a later time, payment to a CLEC will be the amount set forth in Table 2 below under the section labeled "Per Measurement Cap. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 7- Exhibit K TABLE 2: TIER 1 PAYMENTS TO CLEC Per Occurrence Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add HiQh $150 $250 $500 $600 $700 $800 $100 Medium $ 75 $150 $300 $400 $500 $600 $100 Low $ 25 $ 50 $100 $200 $300 $400 $100 Per Measurement Cap Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add High $25 000 $50 000 $75 000 $100 000 $125 000 $150 000 $25 000 Medium $10 000 $20 000 $30 000 $ 40 000 $ 50 000 $ 60 000 $10 000 Low $ 5 000 $10 000 $15 000 $ 20 000 $ 25 000 $ 30 000 $ 5,000 For the BI-3A performance measurement, the dollar payment amount for non- conforming performance varies depending upon the Total Bill Adjustment Amount for the CLEC. The payment amount is calculated using Table 2A below by multiplying the per occurrence amount times the number of occurrences based on the Total Bill Adjustment Amount 1 capped at the amount shown in the table for that Total Bill Adjustment Amount. The escalation of payments for consecutive months as stated section 6.1 does not apply. TABLE 2A: TIER 1 PAYMENTS TO CLECS FOR BI- Total Bill Adjustment Per Occurrence Cap Amount Amount $0 - $0. $1 - $199.$200 $200 - $999.$10 000 000 - $9 999.$10 $10 000 $10 000 - $49 999.$15 $15 000 $50 000 - $99 999.$20 $20 000 $100 000 and over $25 $25 000 For collocation, CP-2 and CP-4 performance measurements shall be relied upon for delineation of collocation business rules. For purposes of calculating Tier payments, collocation jobs and collocation feasibility studies that are later than the I Total Bill Adjustment Amount is determined by subtracting the BI-3A numerator from the BI-3A denominator as defined in the BI-3 PID formula. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 8- Exhibit K due date will have a per day payment applied according to Table 3. The per day payment will be applied to any collocation job in which the feasibility study is provided or the collocation installation is completed later than the scheduled date. The calculation of the payment amount will be performed by applying the per day payment amounts as specified in Table 3. Thus , for days 1 through 10 , the payment is $150 per day. For days 11 through 20 , the payment is $300 per day and so on. TABLE 3: TIER-1 COLLOCATION PAYMENTS TO CLECS Days Late Completion Date Feasibility Study 1 to 1 0 days $150/day $45/day 11 to 20 days $300/day $90/day 21 to 30 days $450/day $135/day 31 to 40 days $600/day $180/day More than 40 days 000/day $300/day 6.4 A minimum payment calculation shall be performed by Qwest at the end of each year for each CLEC with annual order volumes of no more than 1 200. The payment shall be calculated by adding the applicable minimum payment amount in Table 4 below for each month in which at least one payment was due to the CLEC. To the extent that the actual CLEC payment for the year is less than the product of the preceding calculation, Qwest shall make an additional payment equal to the difference. TABLE 4: MINIMUM PAYMENTS TO CLECS Minimum Payment Total Monthly Payment:Amount: Less than $200 $ 0 Between $200 and $800 $ 1 500 Between $801 and $1,400 . $ 2 000 Over $1 ,400 $ 2 500 Tier 2 Payments to the State Payments to the State shall be limited to the performance measurements designated in section 7.4 for Tier 2 per measurement payments and in Attachment for per occurrence payments and which have at least 10 data points each month for the period payments are being calculated. Similar to the Tier 1 structure , Tier 2 measurements are categorized as High , Medium , and Low and the amount of payments for non-conformance varies according to this categorization. Determination of Non-Conforming Measurements: The determination of non- conformance will be based upon the aggregate of all CLEC data for each Tier 2 Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 9- Exhibit K performance measurement. Non-conforming service is defined in section 4.2 (for parity measurements) and 4.3 (for benchmark measurements), except that a 1.645 critical z-value shall be used for Tier 2 parity measurements that have Tier counterparts. The critical z-value is the statistical standard that determines for each performance measurement whether Qwest has met parity. Determination of the Amount of Payment: Except as provided in section 7.4 Tier 2 payments are calculated and paid monthly based on the number performance measurements failing performance standards for a third consecutive month , or if two out of three consecutive months in the 12 month period have been missed , the second consecutive month for Tier 2 measurements with Tier counterparts. For Tier 2 measurements that do not have Tier 1 counterparts payments are calculated and paid monthly based on the number of performance measurements exceeding the critical z-values , identified in section 5., in any single month. Payment will be made on either a per occurrence or per measurement basis whichever is applicable to the performance measurement, using the dollar amounts specified in Table 5 or Table 6 below. Except as provided in section 7.4 , the dollar amounts vary depending upon whether the performance measurement is designated High , Medium , or Low. For those Tier 2 measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps " payment to the State in a single month shall not exceed the amount listed in Table 5 for the "Per Measurement Cap category. TABLE 5: TIER 2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group Hiqh $500 Medium $300 Low $200 Per Measurement Cap Measurement Group High $75 000 Medium $30 000 Low $20 000 7.4 Performance Measurements Subject to Per Measurement Payment: The following Tier 2 performance measurements shall have their performance results measured on a region-wide (14 state) basis. Failure to meet the performance standard , therefore , will result in a per measurement payment in each of the Qwest in-region 14 states adopting this PAP. The performance measurements are: GA-1: Gateway Availability - IMA-GUI GA-2: Gateway Availability - IMA-EDI GA-3: Gateway Availability - EB- GA-4: System Availability - EXACT Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 10- Exhibit K GA-6: Gateway Availability - GUI-Repair PO-1: Pre-Order/Order Response Times OP-2: Call Answered within Twenty Seconds - Interconnect Provisioning Center MR-2: Calls Answered within Twenty Seconds - Interconnect Repair Center GA-1 has two sub-measurements: GA-, and GA-1D. PO-1 shall have two sub- measurements: PO-1A and PO-1 B. PO-1A and PO-1 B shall have their transaction types aggregated together. For these measurements, Owest will make a Tier 2 payment based upon monthly performance results according to Table 6: Tier 2 Per Measurement Payments to State Funds. TABLE 6: TIER 2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measurement Performance State Payment 14 State Payment GA-3,4,1 % or lower $1 ,000 $14 000 :;:.1% to $10 000 $140 000 :;:.3% to $20 000 $280 000 :;:.5%$30 000 $420 000 PO-2 sec. or less $1 ,000 $14 000 :;:.2 sec.000 $70 000 sec. :;:.5 sec.to 10 $10 000 $140 000 sec. :;:.10 sec.$15 000 $210 000 OP-2/MR-1 % or lower $1 ,000 $14 000 :;:.1% to 3%000 $70 000 :;:.3% to 5%$10 000 $140 000 :;:.5%$15 000 $210 000 Step by Step Calculation of Monthly Tier 1 Payments to CLEC Application of the Critical Z-Values: Owest shall identify the Tier 1 parity performance measurements that measure the service provided to CLEC by Owest for the month in question and the critical z-value from Table 1 in section 5.0 that shall be used for purposes of statistical testing for each particular performance measurement. The statistical testing procedures described in section 4.0 shall be applied. For the purpose of determining the critical z-values , each disaggregated category of a performance measurement is treated as a separate sub-measurement. The critical z-value to be applied is determined by the CLEC volume at each level of disaggregation or sub-measurement. Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26,2007 - 11- Exhibit K Performance Measurements for which Tier 1 Payment is Per Occurrence: Performance Measurements that are Averages or Means: 1 Step 1: For each performance measurement, the average or the mean that would yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The percentage differences between the actual averages and the calculated averages shall be calculated. The calculation is % diff = (CLEC result - Calculated Value)/Calculated Value. The percent difference shall be capped at a maximum of 100%. In all calculations of percent differences in sections 8.0 and 9. the calculated percent differences is capped at 100%. 2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the percentage calculated in the previous step and the per occurrence dollar amounts from the Tier 1 Payment Table shall determine the payment to the CLEC for each non-conforming performance measurement. Performance Measurements that are Percentages: 1 Step 1: For each performance measurement, the percentage that would yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z- statistic for the measurement shall be used. (For benchmark measurements , the benchmark value shall be used. 2 Step 2: The difference between the actual percentages for the CLEC and the calculated percentages shall be determined. 3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference in percentage calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table, to determine the payment to the CLEC for each non-conforming performance measurement. Performance Measurements that are Ratios or Proportions: 1 Step 1: For each performance measurement the ratio that would yield the critical z-value shall be calculated. The same denominator as the one used calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The absolute difference between the actual rate for the CLEC and the calculated rate shall be determined. Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 , 2007 - 12- Exhibit K 3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table, to determine the payment to the CLEC for each non-conforming performance measurement. Performance Measurements for which Tier 1 Payment is Per Measure: For each performance measurement where Qwest fails to meet the standard the payment to the CLEC shall be the dollar amount shown on the "per measure portion of Table 2: Tier 1 Payments to CLEC. Step by Step Calculation of Monthly Tier 2 Payments to State Funds Application of the Critical Z-Value: Qwest shall identify the Tier 2 parity performance measurements that measure the service provided by Qwest to all CLECs for the month in question. The statistical testing procedures described in section 4.0 shall be applied , except that a 1.645 critical z-value shall be used for Tier parity measurements that have Tier 1 counterparts For Tier 2 parity measurements that do not have Tier 1 counterparts , the statistical testing procedures described section 4.0 shall be applied using the critical z-values identified in section To determine if Tier 2 payments for performance measurements listed on Attachment 1 shall be made in the current month , the following shall be determined. For Tier 2 measurements that have Tier 1 counterparts, it shall be determined whether Qwest missed the performance standard for three consecutive months , or if Qwest has missed the standard in any two out of three consecutive months for the 12 month period and for an additional two consecutive months. For Tier 2 measurements that do not have Tier 1 counterparts , it shall be determined whether Qwest missed the performance standard for single month. If any of these conditions are met and there are at least 10 data points for the measurement in each month , a Tier 2 payment will be calculated and paid as described below and will continue in each succeeding month until Qwest's performance meets the applicable standard. For Tier 2 measures that have Tier 1 counterparts , the most recent three months of nonconforming performance data that results in payment liability shall be averaged to determine payment. Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 13- Exhibit K Performance Measurements for which Tier 2 Payment is Per Occurrence: Performance Measurements that are Averages or Means: 1 Step 1: The monthly average or the mean for each performance measurement that would yield the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements , the benchmark value shall be used. 2 Step 2: The percentage difference between the actual averages and the calculated averages for the relevant month(s) shall be calculated. The calculation for parity measurements is % diff = (actual average - calculated average)/calculated average. The percent difference shall be capped at a maximum of 100%. In all calculations of percent differences in section 8.0 and section 9., the calculated percent difference is capped at 100%. 3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multiplied by the percentage calculated in the previous step. The amount (average amount, if more than one month) (rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amount taken from the Tier 2 Payment Table to determine the payment to the State for each non-conforming performance measurement. Performance Measurements that are Percentages: Step 1: For each performance measurement, the monthly percentage that would yield the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used. 2 Step 2: The difference between the actual percentages and the calculated percentages for the relevant month(s) shall be calculated. The calculation for parity measurement is diff = (CLEC result - calculated percentage). This formula shall be applicable where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multiplied by the difference in percentage calculated in the previous step. The amount (average amount , if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 14- Exhibit K 9.4 Performance Measurements that are Ratios or Proportions: 9.4.Step 1: For each performance measurement, the ratio that would yield the critical z-value for each month shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements , the benchmark value shall be used. 9.4.1 Step 2: The difference between the actual rate for the GLEG and the calculated rate for the relevant month(s) shall be calculated. The calculation is: diff = (GLEG rate - calculated rate). This formula shall apply where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 9.4.2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step for each month. The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Performance Measurements for which Tier 2 Payment is Per Measure: For each performance measurement where Qwest fails to meet the standard the payment to the State Fund shall be the dollar amount shown on the "per measure" portion of the Tier 2 Payment Table. 10.Low Volume, Developing Markets 10.For certain qualifying performance standards , if the aggregate monthly volumes of GLEGs participating in the PAP are more than 10 , but less than 100 Qwest will make Tier 1 payments to GLEGs for failure to meet the parity or benchmark standard for the qualifying performance sub-measurements. The qualifying sub-measurements are the ADSL qualified loop product disaggregations of OP-, OP-, OP-, MR-, MR-, MR-, and MR-8. If the aggregate monthly GLEG volume is greater than 100 , the provisions of this section shall not apply to the qualifying performance sub-measurement. 10.The determination of whether Qwest has met the parity or benchmark standards will be made using aggregate volumes of GLEGs participating in the PAP. In the event Qwest does not meet the applicable performance standards , a total payment to affected GLEGs will be determined in accordance with the high , medium low designation for each performance measurement (see Attachment 1) and as described in section 8., except that GLEG aggregate volumes will be used. In the event the calculated total payment amount to GLEGs is less than $5 000, a minimum payment of $5 000 shall be made. The resulting total payment amount to GLEGs will Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K , June 26 2007 - 15- Exhibit K be apportioned to the affected CLECs based upon each CLEC's relative share of the number of total service misses. 10.At the six (6)-month reviews , Qwest will consider adding to the above list of qualifying performance sub-measurements new products disaggregation representing new modes of CLEC entry into developing markets. 11.Payment 11.Payments to CLEC, the State , or the Special Fund shall be made one month following the due date of the performance measurement report for the month for which payment is being made. Qwest will pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment , Qwest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. 11.Payment to CLEC shall be made via bill credits. Bill credits shall be identified on a summary format substantially similar to that distributed as a prototype to the CLECs and the Commissions. To the extent that a monthly payment owed to CLEC under this PAP exceeds the amount owed to Qwest by CLEC on a monthly bill Qwest will issue a check or wire transfer to CLEC in the amount of the overage. Payment to the State shall be made via check or wire transfer. 11.3 A Special Fund shall be created for the purpose of payment of an independent auditor and audit costs as specified in section 15.0 and payment of other expenses incurred by the participating Commissions in the regional administration of the PAP. 11.1 Qwest shall establish the Special Fund as an interest bearing escrow account upon the first FCC section 271 approval of the PAP applicable to a participating state Commission. Qwest shall be authorized to withhold and deposit into the Special Fund one-half of all Tier 2 payments. The cost of the escrow account will be paid for from account funds. 11.2 Commissions participating in the Special Fund shall appoint a person designated to administer and authorize disbursement of funds. All claims against the fund shall be presented to the Commissions' designates and shall be the responsibility of the participating Commissions. 11.3 Qwest shall advance funds to meet initial claims against the Special Fund to the extent Tier 2 contributions are insufficient. Such funds shall not exceed $500 000 and shall be reduced appropriately in the event that at least six states in which the QPAP is in effect do not agree to participate in the Special Fund. Upon a determination by the participating Commissions that the Special Fund has become Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 16- Exhibit K self-sustaining or is no longer required, Qwest shall be allowed to recover any such advances plus interest at the rate that the escrow account would have earned. 11.3.4 Upon the execution of a memorandum of understanding with the Idaho Commission Qwest shall establish an Idaho Discretionary Fund as a separate interest bearing escrow account. Qwest shall deposit into the Discretionary Fund the remaining balance of Tier 2 payments after disbursement of Tier 2 payments to the Special Fund pursuant to section 13.1. The Commission shall appoint a person designated to administer and authorize disbursements of funds from the Discretionary Fund. Disbursements from the Discretionary Fund shall be limited to competitively neutral Idaho telecommunications initiatives. The costs of the Discretionary Fund will paid for from the account's funds. 12.Cap on Tier 1 and Tier 2 Payments 12.There shall be a cap on the total payments made by Qwest for a 12 month period beginning with the effective date of the PAP for the State of Idaho. The annual cap for the State of Idaho shall be 36% of ARMIS Net Return, recalculated each year based upon the prior year s Idaho ARMIS results , subject to any applicable adjustment permitted pursuant to section 12.2. Qwest shall submit to the Commission the calculation of each year s cap no later than 30 days after submission of ARMIS results to the FCC. CLEC agrees that this amount constitutes a maximum annual cap that shall apply to the aggregate total of Tier 1 liquidated damages including any such damages paid pursuant to this Agreement, any other interconnection agreement, or any other payments made for the same underlying activity or omission under any other contract, order or rule and Tier 2 assessments or payments made by Qwest for the same underlying activity or omission under any other contract, order or rule. 12.The 36% annual cap may be increased to 44% or decreased to 30% of ARMIS Net Return as follows: 12.1 An increase in the cap of a maximum of 4 percentage points at anyone time (i.e., first to 40 percent) shall occur upon order by the Commission if the cap has been exceeded for any consecutive period of 24 months by that same 4 percent or more, provided that: (a) the Commission has determined that the preponderance of the evidence shows Qwest could have remained beneath the cap through reasonable and prudent effort , and (b) the Commission has made that determination after having available to it on the record the results of audits and root cause analyses , and provided an opportunity for Qwest to be heard. 12.2 A decrease in the cap of a maximum of 4 percentage points at anyone time shall occur upon order by the Commission after performance for any consecutive period of 24 months in which total payments are 8 or more percentage points below the cap amount, provided that: (a) the Commission has determined that the Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 17- Exhibit K preponderance of the evidence shows the performance results underlying those payments results from an adequate Qwest commitment to meeting its responsibilities to provide adequate wholesale service and to keeping open its local markets and (b) the Commission shall have made that determination after providing all interested parties an opportunity to be heard. 12.3 The provisions of 12.1 and 12.2 shall be in effect for the next 24 month period commencing with the end of the 24 month period upon which the Commission s order is based. 12.If the annual cap is reached , each CLEC shall , as of the end of the year, be entitled to receive the same percentage of its total calculated Tier 1 payments. In order to preserve the operation of the annual cap, the percentage equalization shall take place as follows: 12.1 The amount by which any month'total year-to-date Tier 1 and Tier 2 payments exceeds the cumulative monthly cap (defined as 1/1ih of the annual cap times the cumulative number of months to date) shall be calculated and apportioned between Tier 1 and Tier 2 according to the percentage that each bore of total payments for the year-to-date. The Tier 1 apportionment resulting of this calculation shall be known as the "Tracking Account." 12.2 The Tier 1 apportionment shall be debited against the monthly payment due to each CLEC, by applying to the year-to-date payments received by each the percentage necessary to generate the required total Tier 1 amount. 12.3 The Tracking Amount shall be apportioned among all CLECs so as to provide each with payments equal in percentage of its total year to date Tier 1 payment calculations. 12.3.4 This calculation shall take place in the first month that the year-to-date total Tier 1 and Tier 2 payments are expected to exceed the cumulative monthly cap and for each month of that year thereafter. Qwest shall recover any debited amounts by reducing payments due to any CLEC for that month and any succeeding months , as necessary. 13.Limitations 13.The PAP shall not become available in the State unless and until Qwest receives effective section 271 authority from the FCC for that State. 13.Qwest will not be liable for Tier 1 payments to CLEC in an FCC approved state until the Commission has approved an interconnection agreement between CLEC and Qwest which adopts the provisions of this PAP. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26 2007 - 18- Exhibit K 13.Qwest shall not be obligated to make Tier 1 or Tier 2 payments for any measurement if and to the extent that non-conformance for that measurement was the result of any of the following: 1) with respect to performance measurements with a benchmark standard , a Force Majeure event as defined in section 5.7 of the SGAT. Qwest will provide notice of the occurrence of a Force Majeure event within 72 hours of the time Qwest learns of the event or within a reasonable time frame that Qwest should have learned of it; 2) an act or omission by a CLEC that is contrary to any of its obligations under its interconnection agreement with Qwest or under federal or state law; an act or omission by CLEC that is in bad faith. Examples of bad faith conduct include, but are not limited to: unreasonably holding service orders and/or applications , " dumping" orders or applications in unreasonably large batches dumping" orders or applications at or near the close of a business day, on a Friday evening or prior to a holiday, and failing to provide timely forecasts to Qwest for services or facilities when such forecasts are explicitly required by the SGA T; 3) problems associated with third-party systems or equipment, which could not have been avoided by Qwest in the exercise of reasonable diligence provided, however that this third party exclusion will not be raised in the State more than three times within a calendar year. If a Force Majeure event or other excusing event recognized in this section merely suspends Owest's ability to timely perform an activity subject to a performance measurement that is an interval measure , the applicable time frame in which Qwest's compliance with the parity or benchmark criterion is measured will be extended on an hour-for-hour or day-for-day basis , as applicable , equal to the duration of the excusing event. 13.1 Qwest will not be excused from Tier 1 or Tier 2 payments for any reason except as described in Section 13.0. Qwest will have the burden of demonstrating that its non-conformance with the performance measurement was excused on one of the grounds described in this PAP. A party may petition the Commission to require Qwest to deposit disputed payments into an escrow account when the requesting party can show cause , such as grounds provided in the Uniform Commercial Code for cases of commercial uncertainty. 13.2 Notwithstanding any other provision of section 13 of this OPAP, Owest shall not be excused for failing to provide such performance that Qwest could reasonably have been expected to deliver assuming that it had designed , implemented , staffed provisioned , and otherwise provided for resources reasonably required to meet foreseeable volumes and patterns of demands upon its resources by CLECs. 13.4 Qwest's agreement to implement these enforcement terms , and specifically its agreement to pay any "liquidated damages" or "assessments" hereunder, will not be considered as an admission against interest or an admission of liability in any legal , regulatory, or other proceeding relating in whole or in part to the same performance. 13.4.1 CLEC may not use: 1) the existence of this enforcement plan; or 2) Qwest's payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 19- Exhibit K Qwest has discriminated in the provision of any facilities or services under Sections 251 or 252 , or has violated any state or federal law or regulation. Qwest's conduct underlying its performance measures, however are not made inadmissible by its terms. 13.4.2 By accepting this performance remedy plan CLEC agrees that Qwest's performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Qwest from introducing evidence of any Tier 1 liquidated damages" under these provisions for the purpose of offsetting the payment against any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Qwest has met or continues to meet the requirements of section 271 of the Act. 13.By incorporating these liquidated damages terms into the PAP, Qwest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be difficult to ascertain and , therefore, liquidated damages are a reasonable approximation of any contractual damages that may result from a non-conforming performance measurement. Qwest and CLEC further agree that Tier 1 payments made pursuant to this PAP are not intended to be a penalty. The application of the assessments and damages provided for herein is not intended to foreclose other noncontractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.This PAP contains a comprehensive set of performance measurements statistical methodologies , and payment mechanisms that are designed to function together, and only together, as an integrated whole. To elect the PAP, CLEC must adopt the PAP in its entirety, in its interconnection agreement with Qwest. By electing remedies under the PAP , CLEC waives any causes of action based on a contractual theory of liability, and any right of recovery under any other theory of liability (including but not limited to a state utility regulatory commission or Federal Communications Commission rule or order) to the extent such recovery is related to harm compensable under a contractual theory of liability (even though it is sought through a noncontractual claim, theory, or cause of action). 13.If for any reason a CLEC agreeing to this QPAP is awarded compensation for the same harm for which it received payment under the QPAP , the court or other adjudicatory body hearing such a claim may offset the damages resulting from such claim against payments made for the same harm. 13.Qwest shall not be liable for both Tier 2 payments under the PAP and assessments, sanctions , or other payments for the same underlying activity or omission pursuant to any Commission order or service quality rules. 13.Whenever a Qwest Tier 1 payment to an individual CLEC exceeds $3 million in a month , Qwest may commence a proceeding to demonstrate why it should not be Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 , 2007 - 20- Exhibit K required to pay any amount in excess of the $3 million. Upon timely commencement of the proceeding, Qwest must pay the balance of payments owed in excess of $3 million into escrow, to be held by a third-party pending the outcome of the proceeding. To invoke these escrow provisions , Qwest must file, not later than the due date of the Tier 1 payments, its application. Qwest will have the burden of proof to demonstrate why, under the circumstances , it would be unjust to require it to make the payments in excess of $3 million. If Qwest reports non-conforming performance to CLEC for three consecutive months on 20% or more of the measurements reported to CLEC and has incurred no more than $1 million in liability to CLEC , then CLEC may commence a similar proceeding. In any such proceeding CLEC will have the burden of proof to demonstrate why, under the circumstances , justice requires Qwest to make payments in excess of the amount calculated pursuant to the terms of the PAP. The disputes identified in this section shall be resolved in a manner specified in the Dispute Resolution section of the SGAT with the CLEC. 14.Reporting 14.Upon receiving effective section 271 authority from the FCC for a state Qwest will provide CLEC that has an approved interconnection agreement with Qwest, a monthly report of Qwest's performance for the measurements identified in the PAP by the last day of the month following the month for which performance results are being reported. However, Qwest shall have a grace period of five business days , so that Qwest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Qwest will collect, analyze, and report performance data for the measurements listed on Attachment 1 in accordance with the most recent version of the PIDs. Upon CLEC's request, data files of the CLEC's raw data , or any subset thereof, will be transmitted , without charge, to CLEC in a mutually acceptable format, protocol , and transmission medium. 14.Qwest will also provide the Commission a monthly report of aggregate CLEC performance results pursuant to the PAP by the last day of the month following the month for which performance results are being reported. However, Qwest shall have a grace period of five business days , so that Qwest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Individual CLEC reports of participating CLECs will also be available to the Commission upon request. By accepting this PAP , CLEC consents to Qwest providing CLEC's report and raw data to the State Commission. Pursuant to the terms of an order of the Commission , Qwest may provide GLEe-specific data that relates to the PAP, provided that Qwest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Qwest provides such notice as the Commission directs to the CLEC involved , in order to allow it to prosecute such procedures to their completion. Data files of participating Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26, 2007 - 21- Exhibit K CLEC raw data, or any subset thereof, will be transmitted , without charge, to the Commission in a mutually acceptable format, protocol , and transmission form. 14.In the event Qwest does not provide CLEC and the Commission with a monthly report by the last day of the month following the month for which performance results are being reported , Qwest will pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1 000 for each business day for which performance reports are 11 to 15 business days past the due date; and $2 000 for each business day for which performance results are more than 15 business days past the due date. If reports are on time but are missing performance results , Qwest will pay to the State a total of one-fifth of the late report amount for each missing performance measurement subject to a cap of the full late report amount. These amounts represent the total payments for omitting performance measurements or missing any report deadlines rather than a payment per report. Prior to the date of a payment for late reports Qwest may file a request for a waiver of the payment, which states the reasons for the waiver. The Commission may grant the waiver, deny the waiver, or provide any other relief that may be appropriate. 14.4 To the extent that Qwest recalculates payments made under this PAP, such recalculation shall be limited to the preceding three years (measured from the later of the provision of a monthly credit statement or payment due date). Qwest shall retain sufficient records to demonstrate fully the basis for its calculations for long enough to meet this potential recalculation obligation. CLEC verification or recalculation efforts should be made reasonably contemporaneously with Qwest measurements. In any event , Qwest shall maintain the records in a readily useable format for one year. For the remaining two years , the records may be retained in archived format. Any payment adjustments shall be subject to the interest rate provisions of section 11. 15.Integrated Audit Program/Investigations of Performance Results 15.Audits of the PAP shall be conducted in a two-year cycle under the auspices of the participating Commissions in accordance with a detailed audit plan developed by an independent auditor retained for a two-year period. The participating Commissions shall select the independent auditor with input from Qwest and CLECs. 15.1 The participating Commissions shall form an oversight committee of Commissioners who will choose the independent auditor and approve the audit plan. Any disputes as to the choice of auditor or the scope of the audit shall be resolved through a vote of the chairs of the participating commissions pursuant to Section 15.1.4. 15.2 The audit plan shall be conducted over two years. The audit plan will identify the specific performance measurements to be audited , the specific tests to be conducted , and the entity to conduct them. The audit plan will give priority to auditing Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 , 2007 - 22- Exhibit K the higher risk areas identified in the ass report. The two-year cycle will examine risks likely to exist across that period and the past history of testing, in order to determine what combination of high and more moderate areas of risk should be examined during the two-year cycle. The first year of a two-year cycle will concentrate on areas most likely to require follow-up in the second year. 15.3 The audit plan shall be coordinated with other audit plans that may be conducted by other state commissions so as to avoid duplication , shall not impede Qwest's ability to comply with the other provisions of the PAP and should be of a nature and scope that can be conducted in accordance with the reasonable course of Qwest's business operations. 15.1.4 Any dispute arising out of the audit plan, the conduct of the audit, or audit results shall be resolved by the oversight committee of Commissioners. Decisions of the oversight committee of Commissioners may be appealed to a committee of the chairs of the participating Commissions. 15.Qwest may make management processes more accurate or more efficient to perform without sacrificing accuracy. These changes are at Qwest's discretion but will be reported to the independent auditor in quarterly meetings in which the auditor may ask questions about changes made in the Qwest measurement regimen. The meetings , which will be limited to Qwest and the independent auditor, will permit an independent assessment of the materiality and propriety of any Qwest changes including, where necessary, testing of the change details by the independent auditor. The information gathered by the independent auditor may be the basis for reports bythe independent auditor to the participating Commissions and , where the Commissions deem it appropriate , to other participants. 15.In the event of a disagreement between Qwest and CLEC as to any issue regarding the accuracy or integrity of data collected , generated , and reported pursuant to the PAP, Qwest and the CLEC shall first consult with one another and attempt in good faith to resolve the issue. If an issue is not resolved within 45 days after a request for consultation , CLEC and Qwest may, upon a demonstration of good cause , (e., evidence of material errors or discrepancies) request an independent audit to be conducted , at the initiating party s expense. The independent auditor will assess the need for an audit based upon whether there exists a material deficiency in the data or whether there exists an issue not otherwise addressed by the audit plan for the current cycle. The dispute resolution provision of section 18.0 is available to any party questioning the independent auditor s decision to conduct or not conduct a CLEC requested audit and the audit findings, should such an audit be conducted. An audit may not proceed until dispute resolution is completed. Audit findings will include: (a) general applicability of findings and conclusions (i., relevance to CLECs or jurisdictions other than the ones causing test initiation), (b) magnitude of any payment adjustments required and , (c) whether cost responsibility should be shifted based upon the materiality and clarity of any Qwest non-conformance with measurement requirements (no pre-determined variance is appropriate , but should Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26, 2007 - 23- Exhibit K be based on the auditor s professional judgment). CLEC may not request an audit of data more than three years from the later of the provision of a monthly credit statement or payment due date. 15.4 Expenses for the audit of the PAP and any other related expenses , except that which may be assigned under section 15., shall be paid first from the Tier 2 funds in the Special Fund. For Idaho , the remainder of the audit expenses will be paid by Qwest. 15.Qwest will investigate any second consecutive Tier 2 miss to determine the cause of the miss and to identify the action needed in order to meet the standard set forth in the performance measurements. To the extent an investigation determines that a CLEC was responsible in whole or in part for the Tier 2 misses, Qwest shall receive credit against future Tier 2 payments in an amount equal to the Tier 2 payments that should not have been made. The relevant portion of subsequent Tier 2 payments will not be owed until any responsible CLEC problems are corrected. For the purposes of this sub-section , Tier 1 performance measurements that have not been designated as Tier 2 will be aggregated and the aggregate results will be investigated pursuant to the terms of this Agreement. 16.Reviews 16. 1 Every six (6) months , beginning six months after the effective date of section 271 approval by the FCC for the state of Idaho, Qwest, CLECs, or the Idaho Public Utilities Commission may initiate a review of the performance measurements to determine whether measurements should be added , deleted , or modified; whether the applicable benchmark standards should be modified or replaced by parity standards; and whether to move a classification of a measurement to High , Medium or Low , Tier 1 or Tier 2. The criterion for reclassification of a measurement shall be whether the actual volume of data points was less or greater than anticipated. Criteria for review of performance measurements , other than for possible reclassification , shall be whether there exists an omission or failure to capture intended performance , and whether there is duplication of another measurement. Any disputes regarding adding, deleting, or modifying performance measurements shall be resolved pursuant to a proceeding before the Commission and subject to judicial review. No new performance measurements shall be added to this PAP that have not been subject to observation as diagnostic measurements for a period of 6 months. Any changes made at the six-month review pursuant to this section shall apply to and modify this agreement between Qwest and CLEC , subject to a stay, modification or reversal upon appeal or judicial review. 16.Notwithstanding section 16., if any agreements on adding, modifying or deleting performance measurements as permitted by section 16.1 are reached between Qwest and CLECs participating in an industry Regional Oversight Committee (ROC) PID administration forum , those agreements shall be incorporated Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K , June 26 2007 - 24- Exhibit K into the QPAP and modify the agreement between CLEC and Qwest at any time those agreements are submitted to the Commission , whether before or after a six- month review. 16.For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1 are in effect, Qwest's liability for such changes shall be limited to 10% of the monthly payments that Qwest would have made absent the effect of such changes as a whole. This provision shall be referred as "the 10% payment collar. Such payment limitation shall be accomplished by factoring the payments resulting from the changes to ensure that such payments remain within 10% of the payments Qwest would have made absent such changes. 16.In the event that the Commission adds, modifies, or reclassifies a performance measurement that has not been agreed upon in the ROC PID administration forum process in 16., the 10% payment collar shall remain in effect unless removed by the Commission pursuant to this section. If, after a minimum of 6 months of payments to a CLEC, Qwest's payments have been limited by the 10% payment collar to 80% or less of what the total payments would have been absent the collar for the preceding 6-month period , the Commission may, upon motion by an affected CLEC, conduct a record proceeding to determine whether the 10% payment collar should be removed from any such performance measure. The Commission can prospectively remove the 10% collar for Tier 1 payments to affected CLEC( s) for any such performance measure upon a demonstration through a record proceeding and a Commission determination that the total payments to the CLEC(s) under the QPAP were inadequate to compensate CLEC(s) for actual harm incurred during the same period and upon a determination that such change is otherwise necessary and appropriate and in the public interest. 16.1.4 Notwithstanding section 16., any party may submit a root cause analysis to the Commission requesting removal of a PID or sub-measure from the PAP or requesting exemption of a PID or sub-measure from the application of the trigger mechanism for reinstatement or subsequent removal. In the analysis and recommendations concerning the root cause analysis , the Commission is to consider at a minimum , whether the root cause analysis provides evidence of no harm , the same harm as covered by other PID measures, non-Qwest related causes, or other factors which directly relate to the harm or circumstances specific to the PID or sub- measure being analyzed. 16.Two years after the effective date of the first FCC 271 approval of the PAP the participating Commissions may conduct a joint review by a independent third party to examine the continuing effectiveness of the PAP as a means of inducing compliant performance. This review shall not be used to open the PAP generally to amendment , but would serve to assist Commissions in determining existing conditions and reporting to the FCC on the continuing adequacy of the PAP to serve its intended functions. The expense of the reviews shall be paid from the Special Fund. Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 25- Exhibit K 16.Qwest will make the PAP available for CLEC interconnection agreements until such time as Qwest eliminates its Section 272 affiliate. At that time , the Commission and Qwest shall review the appropriateness of the PAP and whether its continuation is necessary. However, in the event Qwest exits the interLATA market that State PAP shall be rescinded immediately. 17.Voluntary Performance Assurance Plan This PAP represents Qwest's voluntary offer to provide performance assurance. Nothing . in the PAP or in any conclusion of non-conformance of Qwest's service performance with the standards defined in the PAP shall be construed to be , of itself non-conformance with the Act. 18.Dispute Resolution For the purpose of resolving disputes over the meaning of the provisions of the PAP and how they should be applied , the dispute resolution provisions of the SGAT section 5., shall apply whether the CLEC uses the SGA T in its entirety or elects to make the PAP part of its interconnection agreements (i., the unique dispute resolution provisions of interconnection agreements should not apply). Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 2007 - 26- Exhibit K Attachment 1: Tier 1 and Tier 2 Performance Measurements Subject to Per Occurrence Payment Performance Measurement Tier 1 Payments Tier 2 Payments Low Med Hiqh Low Med High GATEWAY Timely Outaqe Resolution GA- PRE-ORDER/ORDERS LSR Rejection Notice Interval PO- Firm Order Confirmations On Time PO- Work Completion Notification Timeliness PO- Billinq Completion Notification Timeliness PO- 7D Jeopardy Notice Interval PO- Timely Jeopardy Notices PO- Release Notifications PO- (Expanded)Manual Service Order PO- Accuracy ORDERING AND PROVISIONING Installation Commitments Met OP- Installation Intervals OP- New Service Quality OP- Delayed Days OP- Number Portability Timeliness OP- Coordinated Cuts On Time -Unbundled OP-13a Loops LNP Disconnect Timeliness OP- MAINTENANCE AND REPAIR Out of Service Cleared within 24 hours MR- All Troubles Cleared within 4 hours MR- Mean time to Restore MR- Repair Repeat Report Rate MR- Trouble Rate MR- LNP Trouble Reports Cleared within MR- Specified Timeframes BILLING Time to Provide Recorded Usaqe Records BI- Billing Accuracy-Adjustments for Errors BI- Billing Completeness BI- NETWORK PERFORMANCE Trunk Blockinq NI- NXX Code Activation NP- Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 , 2007 - 27- Exhibit K a. PO-3 is limited to PO-3a-, PO-3b-, and PO-3c. b. PO-6 is included with PO-7 as two "families:" PO-6a/PO-7a and PO-6b/PO-7b. Measurements within each family share a single payment opportunity with only the measurements with the highest payment being paid. c. OP-4 is included with OP-6 as five "families:" OP-4a/OP-, OP-4b/OP-, OP-4c/OP-, OP-4d/OP- , and OP-4e/OP-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. d. Section 3.2 applies to OP-5b only if the number of orders with trouble in OP-5a is no more than one. e. For purposes of the PAP, OP-6a and OP-6b will be combined and treated as one. The combined OP- breaks down to OP-1 (within MSA), OP-2 (outside MSA), OP-3 (no dispatch), OP-4 (zone 1), and OP-5 (zone 2). f. Applicable only to xDSL-capable loops. g. Excludes the following product disaggregations as applicable to this PID: Resale Centrex, Resale Centrex 21 , Resale DSO (non-designed), Resale DSO (designed), Resale DSO , E911/911 Trunks , Resale Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN Resale Primary ISDN (non-designed), Resale Primary ISDN (designed), Resale Primary ISDN , Resale PBX (non-designed), Resale PBX (designed), Resale PBX , Sub-Loop Unbundling, UNE-P (POTS), UNE- (Centrex), and UNE-P (Centrex 21). Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26, 2007 - 28- Exhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps Billing Time to Provide Recorded Usage Records - BI-1 (Tier 1/Tier 2) Billing Accuracy - Adjustments for Errors - BI-3 (Tier Billing Completeness - BI-(Tier 1/Tier 2) Qwest Idaho SGAT Third Revised , Sixth Amended Exhibit K, June 26 , 2007 - 29-