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Home My WebLink About20071011Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 HEGEi' Maura E. Peterson Paralegal Regulatory Law 2007 OCT 10 \i '10 I ~o b 1r"\ ""~we ,-. ' r'f,jF U ill! liES COh~h41"' 1 1 80 1..; ;Spirit of Service Via Overnight delivery October 8, 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: CaseNo.QW~ -T- 07- Application for Approval of Interconnection Agreement NOS Communications, Inc. Dear Ms. Jewell: Enclosed for filing is an original and three (3) copies of the Application for Approval of an Interconnection Agreement between Qwest Corporation and NOS Communications, Inc. This Agreement replaces the agreement between these parties which was filed on September , 2007. Qwest hereby withdraws the September 4, 2007 agreement and Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this tte mep cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr(illq west. com HECE! ZaG7 OCT 10 Pt'12= 56 .. IDl~J'IO P ..- ~ vI I it.. I ES COtvfMISSi ';\, . APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.Q~ ~r- 07.. -0 APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement ). The Agreement with NOS Communications, Inc. NOS") is submitted herewith. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252(e)(2) ofthe Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits that this Agreement provides no basis for either of these findings, and, therefore requests that the Commission approve this Agreement expeditiously. This Agreement is consistent with the public interest as identified in the pro-competitive policies of the State ofIdaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Agreement will enable NOS to APPLICA nON FOR APPROVAL OF INTERCONNECTION AGREEMENT - NOS Communications, Inc.Page 1 interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Agreement without a hearing. Because this Agreement was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this Q.Mday of October, 2007. APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - NOS Communications, Inc.Page 2 CERTIFICATE OF SERVICE I hereby certify that on this day of October, 2007, I served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Notices NOS Communications, Inc. Joseph T. Koppy, CEO 4380 Boulder Highway Las Vegas, NV 809121 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ NOS Communications, Inc. Jessica Renneker, Director of Regulatory Affairs 4380 Boulder Highway Las Vegas, NV 89121 -------. -, , - APPLICA TION FOR APPROVAL OF INTERCONNECTION AGREEMENT - NOS Communications, Inc.Page 3 ECE. RESALE AGREEMENT lmn QC1 \ 0 rii'l \2: 5 I ,;.,\,' 1 P\JHL\~ t.rn\.~K'\ES~ COMM\;:,S\O\! BETWEEN QWEST CORPORATION AND NOS COMMUNCATIONS, INC. FOR THE STATE OF IDAHO AGREEMENT NUMBER CDS-O70713-0009 TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS............................................................................................ SECTION 2.0 - INTERPRETATION AND CONSTRUCTION ..................................................... 2 SECTION 3.0 - RESELLER INFORMATION .............................................................................. SECTION 4.0 .. DEFINITIONS.................................................................................................... SECTION 5.0 - TERMS AND CONDITIONS............................................................................ 5.4 GENERAL PROVISIONS. ............... ................... .................................. .............. ............. .. TERM OF AGREEMENT ............ ........... ..... ........... .................. ................ ................. ....... . PROOF OF AUTHORIZATION (POA) ........................ .... .................... .......... ............ ....... ... PAYMENT.................................................. ........ ......... ...................................... ......... ... TAXES........................................................................ ..................... .......................... .. INSURANCE.................. .................... ....................................................... .... ..... ...... ...... FORCE MAJEURE............................... ............. ....................... ..... ...............".............. ... LIMITATION OF LIABILITY...... ................... ......... ............................................... ........ ...... . INDEMNITY........................... .................. ......... ......... ............... ......... ...................... ...... INTELLECTUAL PROPERTY. ......................... .......... ..... .................... ................... ..... ....... . WARRANTIES............................ ................ ......... ......... ........ ...... ........................... ........ ASSIGNMENT................................................................................................................ DEFAULT...................................................................................................................... DISCLAIMER OF AGENCY....... ............ ...... ...... ......... ................ ....... .......,.. ..... ...... ....... .... SEVERABILITY................................................ ......... ...............................,.......... ..... ...... NONDISCLOSURE.......................................................................................................... SURVIVAL .................................................................................................................... DISPUTE RESOLUTION.... ........... ......,......... ......... ........ ..................... ............................ . CONTROLLING LAW.... .............. ............................ .... .............................. ......."......... .... RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION................................ .......... ....... NOTICES """""""""""""""""""""""""""................................................................ RESPONSIBILITY OF EACH PARTY .................................................................................. No THIRD PARTY BENEFICIARIES....... ............."................ ......... ................ ............. ..... . INTENTIONALLY LEFT BLANK.................... ...... ...... ................ .............. ..... ..".......... ....... . PUBLICITY ......................................................"""""""""""""""""""""""""""........ EXECUTED IN COUNTERPARTS..................................................................... .............. ... COMPLIANCE................................................................................................................ COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT OF 1994....................................................................................................................... COOPERATION ............................................................................................................. AMENDMENTS .............................................................................................................. ENTIRE AGREEMENT.............. .............. .............. ................................... ........... ..... ........ SECTION 6.0 - RESALE ......................................................,.................................................. 29 6.4 DESCRIPTION ................................................................................,.............................. TERMS AND CONDITIONS......................... ............ ...................................... ..... ....... ....... RATES AND CHARGES """"""""""""""""""""""" ....................".......... ......... ............ ORDERING PROCESS ........................................................................ .... ............."........ . BILLING........................................................................................................................ MAINTENANCE AND REPAIR.. ................................................................. .".................... . E911 DATABASE UPDATES FOR RESALE BASED RESELLERS........................................... July 25, 2007/swd-kc/NOS Communications , Inc.lldaho/CDS.070713-0009 Owest Resale Template 4-30-07 Version 2. SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS ........................................................ 38 DESCRIPTION ........................................................................... ................................ .... TERMS AND CONDITIONS .............................................................................................. RATE ELEMENTS .......................................................................................................... ORDERING PROCESS................................................................................................... . SECTION 8.0 - NETWORK SECURITY ................................................................................... 43 SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ........................... 45 GENERAL TERMS.................................................................. .......... """""""""""""'" . OSS SUPPORT FOR PRE-ORDERING , ORDERING AND PROVISIONING ..............................45 MAINTENANCE AND REPAIR................................................ .......... ..................... ........... . SECTION 10.0 - DIRECTORY PUBLISHER ............................................................................ 67 SECTION 11.0 - SERVICE PERFORMANCE ......................................................................... 68 SECTION 12.0 - SIGNA TU RE PAGE..... .............. ....... .............. ....... ..... ................ ............ ....... 69 July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. TABLE OF CONTENTS FOR EXHIBITS EXHIBIT A Rates EXHIBIT B Service Performance Indicators EXHIBIT C Intentionally Left Blank EXHIBIT 0 Intentionally Left Blank EXHIBIT E Intentionally Left Blank EXHIBIT F Intentionally Left Blank EXHIBIT G Intentionally Left Blank EXHIBIT H Intentionally Left Blank EXHIBIT I Intentionally Left Blank EXHIBIT J Intentionally Left Blank EXHIBIT K Performance Assurance Plan July 25 , 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 1 General Terms Section 1.0 - GENERAL TERMS This Resale Agreement is between Owest Corporation ("Owest"), a Colorado corporation, and NOS Communications, Inc. ("Reseller ), a Maryland corporation , pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfilling Owest'sobligations under Sections 222, 251 (a), (b), and (c), 252, 271 and other relevant provisions of the Act and the rules and regulations promulgated thereunder. This Agreement sets forth the terms, conditions and pricing under which Owest will provide to Reseller ancillary services and Telecommunications Services available for resale within the geographical areas in which Owest is providing local exchange service at that time and for which Owest is the incumbent Local Exchange Carrier within the State of Idaho, for purposes of providing local Telecommunications Services. July 25 , 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2.1 . Section 2 Interpretation and Construction Section 2.0 -INTERPRETATION AND CONSTRUCTION This Agreement includes this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation , rule, Tariff, technical reference, technical publication , or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical publication , or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law rule regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party s network may not be in compliance with the latest release of technical references technical publications , or publications of Telecommunications industry administrative or technical standards. The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules , regulations and interpretations thereof, including but not limited to state and federal rules, regulations , and laws as of March 11 , 2005 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Owest or Reseller concerning the interpretation or effect of the Existing Rules or an admission by Owest or Reseller that the Existing Rules should not be changed, vacated , dismissed , stayed or modified. Nothing in this Agreement shall preclude or estop Owest or Reseller from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed , vacated , dismissed, stayed or modified. To the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement will be corrected, or if requested by Reseller, amended as set forth in this Section 2., to reflect the outcome of generic proceedings by the Commission for pricing, service standards , or other matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision , unless otherwise ordered by the Commission. Where a Party provides notice to the other Party within thirty (30) Days of the effective date of an order issuing a legally binding change , any resulting amendment shall be deemed effective on the effective date of the legally binding change or modification of the Existing Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 2 Interpretation and Construction effective date of the legally binding change shall be the Effective Date of the amendment unless the Parties agree to a different date. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day negotiation period , the Parties agree that the first matter to be resolved during Dispute Resolution will be the implementation of an interim operating agreement between the Parties regarding the disputed issues, to be effective during the pendency of Dispute Resolution. The Parties agree that the interim operating agreement shall be determined and implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform their obligations in accordance with the terms and conditions of this Agreement, until the interim operating agreement is implemented. For purposes of this section , " legally binding" means that the legal ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a stay designated by statute or regulation , has passed. Unless otherwise specifically determined by the Commission , in cases of conflict between this Agreement and Owest's Tariffs , PCAT, methods and procedures, technical publications, policies , product notifications or other Owest documentation relating to Owest's or Reseller s rights or obligations under this Agreement, then the rates, terms, and conditions of this Agreement shall prevail. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 3 Reseller Information Section 3.0 - RESELLER INFORMATION Except as otherwise required by law, Owest will not provide or establish ancillary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to Reseller s execution of this Agreement. The Parties shall complete Qwest's "New Customer Questionnaire " as it applies to Reseller s obtaining of ancillary services, and/or resale of Telecommunications Services hereunder. Prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwest's "New Customer Questionnaire General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing Operations Support Systems (OSS) and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for resold services The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will be used to: Determine geographical requirements; Identify Reseller identification codes; Determine Owest system requirements to support Reseller s specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and Reseller contact lists; and Identify Reseller hours and holidays. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 3 Reseller Information Resellers that have previously completed a Questionnaire need not fill out a New Customer Questionnaire; however, Reseller will update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product, Reseller will need to complete the relevant New Product Questionnaire and amend this Agreement, which may include an amendment to this Agreement. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 4 Definitions Section 4.0 - DEFINITIONS Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as amended , and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the Commission. Affiliate" means a Person that (directly or indirectly) owns or controls , is owned or controlled by, or is under common ownership or control with , another Person. For purposes of this paragraph the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. Applicable Law" means all laws, statutes, common law, ordinances, codes, rules , guidelines orders, permits and approval of any governmental regulations , including, but not limited to, the Act, the regulations , rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. ATIS" or "Alliance for Telecommunications Industry Solutions is a North American telecommunication industry standards forum which , through its committees and working groups creates, and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines, as well as the standards of other industry fora , are referenced herein. Automatic Location Identification" or "All" is the automatic display at the Public Safety Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). Automatic Location Identification/Database Management System" or "All/OMS" is an Enhanced 911 /(E911) database containing End User Customer location information (including name, service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid). Basic Exchange Telecommunications Service" means unless otherwise defined Commission rules and then it shall have the meaning set forth therein, a service offered to End User Customers which provides the End User Customer with a telephonic connection to, and a unique local telephone number address on, the public switched telecommunications network and which enables such End User Customer to generally place calls to, or receive calls from other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. As used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancillary services such as 911 , Directory Assistance and operator services. Bill Date" means the date on which a Billing period ends , as identified on the bill. Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate Customer Billing with attendant acknowledgments and status reports. It also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 4 Definitions Carrier" or "Common Carrier" See Telecommunications Carrier. Central Office" means a building or a space within a building where transmission facilities or circuits are connected or switched. Central Office Switch" means a Switch used to provide Telecommunications Services including, but not limited to: End Office Switches" which are used to terminate End User Customer station loops, or equivalent, for the purpose of interconnecting to each other and to trunks. Centrex" shall have the meaning set forth in Section 6. Commission" means the Idaho Public Utilities Commission. Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. Confidential Information" shall have the meaning set forth in Section 5.16. Current Service Provider" means the Party from which an End User Customer is planning to switch its local exchange service or the Party from which an End User Customer is planning to port its telephone number(s). Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. Day" means calendar days unless otherwise specified. Effective Date" shall have the meaning set forth in Section 5. Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. (See also Interoperability. End User Customer" means a third party retail Customer that subscribes to Telecommunications Services provided by either of the Parties or by another Carrier or by two (2) or more Carriers. Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber s transmitted information; that provide the subscriber with additional , different or restructured information; or involve End User Customer interaction with stored information. Enhanced 911" or "E911" shall have the meaning set forth in Section 6. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 4 Definitions Environmental Hazard" means any substance the presence , use, transport, abandonment or disposal of which (i) requires investigation, remediation , compensation, fine or penalty under any Applicable Law (including, without limitation , the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health safety or the environment (including, without limitation , indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. Exchange Access (IntraLATA Toll)" is defined in accordance with Qwest's current IntraLATA toll serving areas, as determined by Qwest's state and interstate Tariffs and excludes toll provided using Switched Access purchased by an IXC. "Exchange Access" as used in the remainder of the Agreement shall have the meaning set forth in the Act. Exchange Message Interface or "EMI" means the format used for exchange Telecommunications message information among Telecommunications Carriers. It is referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. Exchange Message Record" or "EMR" is the standard used for exchange Telecommunications message information between telecommunications providers for billable non-billable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0 CRIS Exchange Message Record , a Telcordia document that defines industry standards for exchange message records. Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is originated and terminated within the local calling area as determined by the Commission or the in Qwest's Exchange and Network Services Catalogs as applicable. FCC" means the Federal Communications Commission. Firm Order Confirmation" or "FOC" means the notice Qwest provides to Reseller to confirm thatthe Reseller Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qwest tor the Provisioning of the service requested. Information Services is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. lnterLATA Traffic" describes Telecommunications between a point located in a Local Access Transport and Area (LATA) and a point located outside such area. Interoperability" means the ability of a Qwest OSS Function to process seamlessly (Le., without any manual intervention) business transactions with CLEC's OSS application , and vice versa by means of secure exchange of transaction data models that use data fields and usage rules July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 4 Definitions that can be received and processed by the other Party to achieve the intended OSS Function and related response. (See also Electronic Bonding. lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area as determined by the Commission or the in Owest's Exchange and Network Services Catalogs as applicable. Legitimately Related" terms and conditions are those rates , terms, and conditions that relate solely to the individual, service being requested by Reseller under Section 252(i) of the Act, and not those relating to other, services or elements in the approved Agreement. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules regulations or orders or the interpretation of a court of competent jurisdiction. Local Access Transport Area" or "LATA" is as defined in the Act. Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Owest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Owest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Owest technician performs work on either a Sunday or Owest recognized holiday. Miscellaneous Charges" mean cost-based charges that Owest may assess in addition to recurring and nonrecurring rates, for activities Reseller requests Owest to perform , activities Reseller authorizes , or charges that are a result of Reseller s actions, such as cancellation charges , additional labor and maintenance. Miscellaneous Charges are not already included in Owest's recurring or nonrecurring rates. Miscellaneous Charges are that Miscellaneous Charges for resale services are provided in the applicable tariff , catalog, or price list. 911 Service" shall have the meaning set forth in Section 6. NXX" is the three (3) digit Switch entity code which is defined by the , E and F digits of a ten (10) digit telephone number within the NANP. Operational Support Systems" or "OSS" shall have the meaning set forth in Section 9. Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. Parity" means the provision of non-discriminatory access to Resale, and other services provided under an Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by Owest will be provided in "substantially the same time and manner" to that which Owest provides to itself, its End User Customers, its Affiliates or to any other party. Party" means either Owest or Reseller and "Parties" means Owest and Reseller. Person" is a general term meaning an individual or association , corporation , firm , joint-stock company, organization , partnership, trust or any other form or kind of entity. July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 4 Definitions Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. POTS" means plain old telephone service. Proof of Authorization" or "POA" shall consist of verification of the End User Customer selection and authorization adequate to document the End User Customer s selection of its local service provider. Proprietary Information" shall have the same meaning as Confidential Information. Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services from the other with attendant acknowledgments and status reports. Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. Public Switched Network" includes all Switches and transmission facilities , whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. Resale Agreement" or "Agreement" is an agreement entered into between Owest and Reseller for ancillary services and resale of telecommunications services as a result of negotiations adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. Reseller" is a category of Resellers who purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their End User Customers. Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 9. Tariff" as used throughout this Agreement refers to Owest interstate Tariffs and state Tariffs price lists, and price schedules. Telecommunications" means the transmission , between or among points specified by the user of information of the user s choosing, without change in the form or content of the information as sent and received. Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services, except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. Telecommunications Services " means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public regardless of the facilities used. Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded , scrapped or recycled, associated with activities Reseller or Owest or their respective contractors or agents perform at Work Locations. It shall be presumed that all July 25 , 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 4 Definitions substances or materials associated with such activities , that are not in use or incorporated into structures (including without limitation damaged components or tools , leftovers, containers garbage , scrap, residues or by products), except for substances and materials that Reseller Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities , are Waste. Waste shall not include substances , materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier s network, where transmission facilities are connected or switched. Wire Center can also denote a building where one or more Central Offices , used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. Work Locations " means any real estate that Reseller or Qwest, as appropriate, owns , leases or licenses , or in which it holds easements or other rights to use , or does use, in connection with this Agreement. Terms not otherwise defined here, but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS General Provisions 1 .Each Party is solely responsible for the services it provides to its End Users and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. The Parties shall work cooperatively to minimize fraud associated with third- number billed calls, calling card calls, and any other services related to this Agreement. Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification , technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Owest shall not assess any charges against Reseller for services , facilities, ancillary services and other related works or services covered by this Agreement , unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder (including resold Telecommunications Services and ancillary services) and all new and additional services to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the rules and orders of the Federal Communications Commission and orders of the Commission. Term of Agreement This Agreement shall become effective on the date of Commission Approval Effective Date ). This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire on October 31 , 2010. Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor Agreement in accordance with this Section 2. Any party may request negotiation of a successor Agreement by written notice to the other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or the Agreement shall renew on a month to month basis. The date of this notice will be the starting point for the negotiation window under Section 252 of the Act. This Agreement will terminate on the date a successor Agreement is approved by the Commission. Prior to the conclusion of the term specified above , Reseller may obtain services under the terms and conditions of a then-existing agreement to become effective at the conclusion of the term or prior to the conclusion of the term if Reseller so chooses. Proof of Authorization (POA) Each Party shall be responsible for obtaining and maintaining Proof of Authorization (POA) as required by applicable federal and state law, as amended from time to time. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions The Parties shall make POAs available to each other upon request in the event of an allegation of an unauthorized change in accordance with all Applicable Laws and rules and shall be subject to any penalties contained therein. Payment 5.4.Amounts payable under this Agreement are due and payable within thirty (30) Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday, or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall be the last non-holiday day preceding such Saturday or holiday. For invoices distributed electronically, the date of invoice date is the same as if the invoice were billed on paper, not the date the electronic delivery occurs. If either Party fails to make payment on or before the Payment Due Date, the other Party may invoke all available rights and remedies. 5.4.One Party may discontinue processing orders for the failure of the other Party to make full payment for the services , less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty (30) Days following the payment due date provided the Billing Party has notified the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for services. If the Billing Party does not refuse to accept additional orders for the services on the date specified in the ten (10) business days' notice , and the other Party s non-compliance continues , nothing contained herein shall preclude the Billing Party s right to refuse to accept additional orders for the services from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all charges for the services not disputed in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or additional deposit) from the billed Party, pursuant to this section. addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.The Billing Party may disconnect services for failure by the billed Party to make full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement , for the services provided under this Agreement within sixty (60) Days following the payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party will notify the billed Party at least ten (10) business days prior to disconnection of the service(s). In case of such disconnection, all applicable undisputed charges, including termination charges shall become due. If the Billing Party does not disconnect the billed Party s service(s) on the date specified in the ten (10) business days notice, and the billed Party s noncompliance continues, nothing contained herein shall preclude the Billing Party s right to disconnect services of the non-complying Party without further notice. For reconnection of the services to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the services. Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.5 and 5.4.7 from the billed Party, pursuant to this Section. If the billed Party is a new Reseller customer of Qwest, the application of this provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts billed during those three (3) cycles. In addition to other remedies that may be available at law or equity, each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions 5.4.4 Should Reseller or Owest dispute, in good faith , any portion of the charges under this Agreement, the Parties will notify each other in writing within fifteen (15) Days following the payment due date identifying the amount, reason and rationale of such dispute. At a minimum Reseller and Owest shall pay all undisputed amounts due. Both Reseller and Owest agree to expedite the investigation of any disputed amounts , promptly provide reasonably requested documentation regarding the amount disputed, and work in good faith in an effort to resolve and settle the dispute through informal means prior to invoking any other rights or remedies. 5.4.4.If a Party disputes charges and does not pay such charges by the payment due date, such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of the Billing Party, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the next Bill Date following the resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill of the disputing Party for the amount of the disputed charges and any late payment charges that have been assessed no later than the second Bill Date after the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. If a Party pays the charges disputed at the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the dispute is resolved in favor of the disputing Party, the Billing Party will adjust the Billing, usually within two (2) Billing cycles, after the resolution of the dispute, as follows: (1) the Billing Party will credit the Billed Party s bill for the disputed amount and any associated interest; or (2) if the disputed amount is greater than the bill to be credited , pay the remaining amount to the Billed Party. (3) The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, will any late payment charges be assessed on any previously assessed late payment charges. If the Billed Party fails to dispute a rate or charge within sixty (60) Days following the invoice date on which the rate or charge appeared, adjustment will be made on a going-forward basis only, beginning with the date of the dispute. 5.4.In the event of a material adverse change in Reseller financial condition subsequent to the Effective Date of this Agreement, Owest may request a security deposit. A material adverse change in financial condition" means Reseller is a new Reseller with no established credit history, or is a Reseller that has not established satisfactory credit with Owest, or the Party is repeatedly delinquent in making its payments , or is being reconnected after a disconnection of Service or discontinuance of the processing of orders by Owest due to a previous failure to pay undisputed charges in a timely manner. Owest may require a deposit to be held as security for the payment of charges before the orders from Reseller will be provisioned and completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a material amount of total monthly Billing under the Agreement received after the Payment Due Date, three (3) or more times during the last twelve (12) month period. The initial deposit may not exceed the estimated total monthly charges for a two (2) month period July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions based upon recent Billing. The deposit may be adjusted by Reseller s actual monthly average charges , payment history under this Agreement, or other relevant factors , but in no event will the security deposit exceed five million dollars ($5 000,000.00). The deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions acceptable to Owest or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) Days after demand and non-payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement. 5.4.Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest will be credited to Reseller s account or refunded , as appropriate , upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with Owest, which will generally be one full year of timely payments of undisputed amounts in full by Reseller. Upon a material change in financial standing, including factors referenced in Section 5.5 above, Reseller may request and the Owest will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve Reseller from any requirements of this Agreement. 5.4.Owest may review Reseller s credit standing and modify the amount of deposit required but in no event will the maximum amount exceed the amount stated in 5.4.5 or another amount, if approved by the Commission. 5.4.The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements. 5.4.Reseller shall be responsible for notifying its End User Customers of any pending disconnection of a service by Reseller, if necessary, to allow those End User Customers make other arrangements for such services. Taxes Any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes , fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law even if the obligation to collect and remit such taxes is placed upon the other Party. However where the selling Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing Party, such taxes , fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence, status or income. Whenever possible, these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed to be for resale tax exemption , the purchasing Party shall furnish the providing Party a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided, no exemptions will be applied. If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party s challenge provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest provided that the Contesting Party is liable for and has paid the tax contested. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions Insurance Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain all insurance required by law and Commercial General Liability insurance covering claims for bodily injury, death , personal injury or property damage and contractual liability with respect to the liability assumed by each Party hereunder. The limits insurance shall not be less than $1 000 000 (one million dollars) each occurrence and 000 000 (two million dollars) general aggregate limit. Such coverage shall be written with insurers having a "8est'" rating of A-VII. Upon request each Party will provide a certificate of insurance evidencing coverage. Such certificate shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) Days prior written notice of cancellation of, material change or exclusions in the policy(s) to which certificate(s) relate. Force Majeure Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation , acts of nature, acts of civil or military authority, government regulations embargoes, epidemics, terrorist acts , riots, insurrections, fires, explosions , earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party s control and without that Party s fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. Limitation of Liability Each Party s liability to the other Party for any loss relating to or arising out of any act or omission in its performance under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total amount that is or would have been charged to the other Party by such breaching Party for the service(s) or function(s) not performed or improperly performed. Each Party s liability to the other Party for any other losses shall be limited to the total amounts charged to Reseller under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to the QPAP shall not be counted against the limit provided for in this Section. Neither Party shall be liable to the other for indirect, incidental , consequential , or special damages , including (without limitation) damages for lost profits, lost revenues, lost savings suffered by the other Party regardless of the form of action, whether in contract warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibility that such damages could result. If the Parties enter into a Performance Assurance Plan under this Agreement , nothing in this Section 5.2 shall limit amounts due and owing under any Performance Assurance Plan. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-O70713-0009 Qwest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions Intentionally Left Blank.8.4 Nothing contained in this Section shall limit either Party s liability to the other for (i) willful or intentional misconduct or (ii) damage to tangible real or personal property proximately caused solely by such Party s negligent act or omission or that of their respective agents, subcontractors , or employees. Nothing contained in this Section 5.shall limit either Party s obligations of indemnification specified in this Agreement , nor shall this Section 5.8 limit a Party s liability for failing to make any payment due under this Agreement. Intentionally Left Blank. Indemnity The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sale indemnification obligations between and among the Parties: Each of the Parties agrees to release , indemnify, defend and hold harmless the other Party and each of its officers , directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt, liability, damage obligation , claim , demand , judgment or settlement of any nature or kind , known or unknown , liquidated or unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees), whether suffered , made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for loss, damage to , or destruction of tangible property, whether or not owned by others, resulting from the Indemnifying Party s breach of or failure to perform under this Agreement, regardless of the form of action, whether in contract, warranty, strict liability, or tort including (without limitation) negligence of any kind. In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Party, the Party whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and each of its officers, directors, employees and agents (collectively the Indemnified Party) against any and ' all such claims or loss by the Indemnifying Party s End User Customers regardless of whether the underlying service was provided or was provisioned by the Indemnified Party, unless the loss was caused by the willful misconduct of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party s End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss, damage to, or destruction of tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees contractors, agents, or other representatives of the Indemnified Party. Intentionally Left Blank. 1.4 Intentionally Left Blank. July 25, 2007/swd-kc/NOS Communications. Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions The indemnification provided herein shall be conditioned upon: The Indemnified Party shall promptly notify the Indemnifying Party of any action taken against the Indemnified Party relating to the indemnification. Failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party s ability to defend such claim. If the Indemnifying Party wishes to defend against such action , it shall give written notice to the Indemnified Party of acceptance of the defense of such action. In such event, the Indemnifying Party shall have sole authority to defend any such action , including the selection of legal counsel, and the Indemnified Party may engage separate legal counsel only at its sale cost and expense. I n the event that the Indemnifying Party does not accept the defense of the action, the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party. In the event the Indemnified Party withholds consent, the Indemnified Party may, at its cost, take over such defense, provided that, in such event, the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Party against, any cost or liability in excess of such refused compromise or settlement.10 Intellectual Property 10.Except for a license to use any facilities or equipment (including software) solely for the purposes of this Agreement or to receive any service solely (a) as provided in this Agreement or (b) as specifically required by the then-applicable federal and state rules and regulations relating to Interconnection and access to Telecommunications facilities and services, nothing contained within this Agreement shall be construed as the grant of a license either express or implied, with respect to any patent, copyright, trade name, trade mark, service mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned controlled or licensable by either Party. Nothing in this Agreement shall be construed as the grant to the other Party of any rights or licenses to trade or service marks. 10.Subject to Section 5., each Party (the Indemnifying Party) shall indemnify and hold the other Party (the I ndemnified Party) harmless from and against any loss , cost, expense or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. addition to being subject to the provisions of Section 5., the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other Person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions any claim , the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the Parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Party may request that the Indemnified Party take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services, and such request shall not be unreasonably denied. 10.To the extent required under applicable federal and state law, Owest shall use its best efforts to obtain , from its vendors who have licensed intellectual property rights to Owest in connection with facilities and services provided hereunder, licenses under such intellectual property rights as necessary for Reseller to use such facilities and services as contemplated hereunder and at least in the same manner used by Owest for the facilities and services provided hereunder. Owest shall notify Reseller immediately in the event that Owest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 10.Owest covenants that it will not enter into any licensing agreements with respect to any Owest facilities , equipment or services, including software, that contain provisions that would disqualify Reseller from using or interconnecting with such facilities , equipment or services, including software, pursuant to the terms of , this Agreement. Owest warrants and further covenants that it has not and will not knowingly modify any existing license agreements for any network facilities, equipment or services including software, in whole or in part for the purpose of disqualifying Reseller from usingor interconnecting with such facilities, equipment or services , including software pursuant to the terms of this Agreement. To the extent that providers of facilities equipment, services or software in Owest's network provide Owest with indemnities covering intellectual property liabilities and those indemnities allow a flow-through of protection to third parties, Owest shall flow those indemnity protections through to Reseller.10.4 Except as expressly provided in this Intellectual Property Section , nothing in this Agreement shall be construed as the grant of a license, either express or implied , with respect to any patent , copyright, logo, trademark, trade name, trade secret or any other intellectual property right now or hereafter owned, controlled or licensable by either Party. Neither Party may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other Party or its Affiliates without execution of a separate agreement between the Parties. 10.Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected , or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the July 25 , 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its End User Customers, provided it does not represent the Network Elements as originating from the other Party or its Affiliates in any marketing, advertising or promotional activities or materials. 10.For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Owest pursuant to an applicable provision herein , Reseller may use the phrase Reseller is a Reseller of Owest Services" (the Authorized Phrase) in Reseller printed materials provided: 10.The Authorized Phrase is not used in connection with any goods or services other than Owest services resold by Reseller. 10.2 Reseller s use of the Authorized Phrase does not cause End User Customers to believe that Reseller is Owest. 10.The Authorized Phrase , when displayed, appears only in text form (Reseller may not use the Owest logo) with all letters being the same font and point size. The point size of the Authorized Phrase shall be no greater than one fourth the point size of the smallest use of Reseller s name and in no event shall exceed 8 point size. 10.Reseller shall provide all printed materials using the Authorized Phrase to Owest for its prior written approval. 10.If Owest determines that Reseller s use of the Authorized Phrase causes End User Customer confusion , Owest may immediately terminate Reseller s right to use the Authorized Phrase. 10.Upon termination of Reseller s right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and Reseller shall immediately cease any and all such use of the Authorized Phrase. Reseller shall either promptly return to Owest or destroy all materials in its possession or control displaying the Authorized Phrase. 10.Owest and Reseller each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Party will do anything inconsistent with the other ownership of their respective Marks, and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other. 10.Intentionally Left Blank. Warranties 11.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE , AND THAT THERE DOES NOT EXIST, ANY WARRANTY EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS " WITH ALL FAULTS.12 Assignment 12.Neither Party may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third party without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate Affiliate or an entity under its common control; without the consent of the other Party, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void ab initio . Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 12.In the event that Owest transfers to any unaffiliated party exchanges including End User Customers that Reseller serves in whole or in part through facilities or services provided by Owest under this Agreement, the transferee shall be deemed a successor to Owest's responsibilities hereunder for a period of ninety (90) Days from notice to Reseller of such transfer or until such later time as the Commission may direct pursuant to the Commission s then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Owest shall use its best efforts to facilitate discussions between Reseller and the transferee with respect to transferee s assumption of Owest' obligations pursuant to the terms of this Agreement. 12.Nothing in this section is intended to restrict Reseller rights to opt into interconnection agreements under Section 252(i) of the Act and 47 C.R. 9 51.809. Default 13.If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision , but the same shall , nevertheless, be and remain in full force and effect.14 Disclaimer of Agency 14.Except for provisions herein expressly authorizing a Party to act for another nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume , create or incur any liability or any obligation of any kind, express or implied , against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual, or to assume any responsibility for the management of the other Party s business. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions15 Severability 15.In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation , the Parties will negotiate in good faith for replacement language as set forth herein. If any part of this Agreement is held to be invalid or unenforceable for any reason , such invalidity or unenforceability will affect only the portion of this Agreement which is invalid or unenforceable. In all other respects, this Agreement will stand as if such invalid or unenforceable provision had not been a part hereof , and the remainder of this Agreement shall remain in full force and effect. Nondisclosure 16.All information , including but not limited to specifications, microfilm, photocopies magnetic disks , magnetic tapes, drawings, sketches, models , samples, tools, technical information, data , employee records, maps, financial reports, and market data, (i) furnished by one Party to the other Party dealing with business or marketing plans, End User Customer specific, facility specific , or usage specific information, other than End User Customer information communicated for the purpose of providing Directory Assistance or publication of directory database , or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the time of delivery as "Confidential" or "Proprietary , or (iii) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as Proprietary Information ), shall remain the property of the disclosing Party. A Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary Information. Each Party shall have the right to correct an inadvertent failure to identify information as Proprietary Information by giving written notification within thirty (30) Days after the information is disclosed. The receiving Party shall from that time forward, treat such information as Proprietary Information. To the extent permitted by Applicable Law, either Party may disclose to the other proprietary or confidential customer, technical or business information. 16.Upon request by the disclosing Party, the receiving Party shall return all tangible copies of Proprietary Information, whether written , graphic or otherwise , except that the receiving Party may retain one copy for archival purposes. 16.Each Party shall keep all of the other Party s Proprietary Information confidential and will disclose it on a need to know basis only. Each Party shall use the other Party Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to, 47 U.C. 9 222. In accordance with Section 222 of the Act, when either Party receives or obtains Proprietary Information from the other Party for purposes of providing any Telecommunications Services, that Party shall use such information only for such purpose, and shall not use such information for its own marketing efforts. Neither Party shall use the other Party s Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Party s employees to disciplinary action up to and including termination of employment. If either Party loses , or makes an unauthorized disclosure of, the other Party Proprietary Information, it will notify such other Party immediately and use reasonable efforts to retrieve the information. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions 16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth in this Agreement do not apply to such Proprietary Information as:a) was at the time of receipt already known to the receiving Party free of any obligation to keep it confidential evidenced by written records prepared prior to delivery by the disclosing Party; or is or becomes publicly known through no wrongful act of the receiving Party; orc) is rightfully received from a third Person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; ord) is independently developed by an employee, agent, or contractor of the receiving Party which individual is not involved in any manner with the provision of services pursuant to the Agreement and does not have any direct or indirect access to the Proprietary Information; ore) is disclosed to a third Person by the disclosing Party without similar restrictions on such third Person s rights; or is approved for release by written authorization of the disclosing Party; or g) is required to be disclosed by the receiving Party pursuant to Applicable Law or regulation provided that the receiving Party shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 16.Nothing herein is intended to prohibit a Party from supplying factual information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLATA services by Owest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 16.Effective Date of this Section. Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 16.Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all other remedies available at law or in equity. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions 16.Nothing herein should be construed as limiting either Party s rights with respect to its own Proprietary Information or its obligations with respect to the other Party s Proprietary Information under Section 222 of the Act. 16.Intentionally Left Blank. Survival 17.Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification , Confidential or Proprietary Information , limitations of liability, and any other provisions of this Agreement which , by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. Dispute Resolution 18.The Parties will attempt in good faith to resolve through negotiation any dispute claim or controversy arising out of , or relating to, this Agreement. Either Party may give written notice to the other Party of any dispute not resolved in the normal course of business. Each Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice- president level employee or a representative with authority to make commitments to review meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives , and the locations, format frequency, duration, and conclusions of these discussions will be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures to assist in these negotiations. The discussions and correspondence among the representatives for the purposes of these negotiations will be treated as Confidential Information (Confidential Information) developed for purposes of settlement, and will be exempt from discovery and production , and not be admissible in any subsequent proceedings without the concurrence of both Parties. 18.If the designated representatives have not reached a resolution of the dispute within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by the Parties), then either Party may commence a civil action or regulatory proceeding, as applicable. Unless the action falls within the exclusive jurisdiction of the Federal Communications Commission or the state Public Utilities Commission , any action will be brought in the United States District Court for the District of Colorado if it has subject matter jurisdiction over the action , and shall otherwise be brought in the Denver District Court for the State of Colorado. The Parties agree that such courts have personal jurisdiction over them. 18.Any action not within the jurisdiction of the Federal Communications Commission or the state Public Utilities Commission will be brought in either a federal or state court in the State in which this Agreement has been filed with a public utility commission , or in a forum to which both Parties have agreed. The Parties agree that such courts have personal jurisdiction over them. The agreement shall not prohibit either Party from litigating, including appealing, any dispute before the Minnesota Commission or before a state or federal court located in Minnesota. 18.Any final and binding order resulting from a dispute resolved under the procedures of section 5.18.3 may be entered in any court having jurisdiction thereof. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions The Parties shall submit a copy of each such order to the Commission, the Department of Commerce , and the Office of Attorney General , Residential and Small Business Utilities Division for the purpose of determining any filing and or review obligation under the federal or state law. 18.Waiver of Jury Trial and Class Action. Each Party, to the extent permitted law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 18.4 No cause of action , including disputes raised pursuant to Section 5.4. regardless of the form, arising out of or relating to this Agreement, may be brought by either Party more than two (2) years after the cause of action arises. 18.Intentionally Left Blank. 18.ntentionally Left Blank. 18.Intentionally Left Blank. 18.Intentionally Left Blank. 18.Intentionally Left Blank. Controlling Law 19.This Agreement is offered by Owest and accepted by CLEC in accordance with applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance with applicable federal law and the state law of Idaho. Responsibility for Environmental Contamination 20.Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers directors and employees from and against any losses, damages , claims, demands, suits liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 20.Intentionally Left Blank. Notices 21.Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service or sent by certified mail , return receipt requested, or by email where specified in this Agreement to Owest and Reseller at the addresses shown below: July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions Owest Corporation Director - Interconnection Agreements 1801 California Street, 24th Floor Denver, CO 80202 Phone: 303-965-3029 Fax: 303-896-7077 Email: intaqree(f!iqwestcom With copy to: Owest Law Department Associate General Counsel , Interconnection 1801 California Street, 10th Floor Denver, CO 80202 Phone: 303-308-5555 Email: Iqlintcmqwestcom and to Reseller at the address shown below: NOS Communications, Inc. Joseph T. Koppy, CEO 4380 Boulder Highway, Las Vegas, NV 809121 Copy to: NOS Communications, Inc. Jessica Renneker, Director of Regulatory Affairs 4380 Boulder Highway Las Vegas, N 89121 P 702-547-8486 F 702-942-5055 Email: jrennekercmnos.com If personal delivery is selected to give notice , a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21.22 Responsibility of Each Party 22.Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes , withholding taxes and all other regulations governing such matters. Each Party will be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise generated in connection with its or its contractors' or agents ' activities at the Work Locations. Subject to the limitations on liability and except as otherwise provided in this Agreement, each Party shall be responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in connection with its activities, legal status and property, real or personal, and (ii) the acts of its own Affiliates, employees, agents and contractors during the performance of that Party s obligations hereunder.23 No Third Party Beneficiaries 23.The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement will not provide any Person not a Party to this Agreement with July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement. Intentionally Left Blank25 Publicity 25.Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party. Nothing in this section shall limit a Party s ability to issue public statements with respect to regulatory or judicial proceedings.26 Executed in Counterparts 26.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument.27 Compliance 27.Each Party shall comply with all applicable federal, state, and local laws , rules and regulations applicable to its performance under this Agreement. Without limiting the foregoing, Owest and Reseller agree to keep and maintain in full force and effect all permits licenses, certificates, and other authorities needed to perform their respective obligations hereunder. Act of 1994 28.Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the GALEA. Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party s sole cost and expense modify or replace any equipment , facilities or services provided to the other Party under this Agreement to ensure that such equipment, facilities and services fully comply with GALEA. Compliance with the Communications Assistance Law Enforcement 29 Cooperation 29.The Parties agree that this Agreement involves the provision of Owest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance Provisioning and Billing and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 9 of this Agreement. Amendments 30.Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 5 Terms and Conditions within sixty (60) Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. 30.ntentionally Left Blank. 30.The provisions of this Agreement , including the provisions of this sentence, may not be amended , modified or supplemented , and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.31 Entire Agreement This Agreement (including the documents referred to herein and any amendments to the Agreement) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings agreements , or representations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of this Agreement. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings Section 6.0 - RESALE Description 1 .Owest shall offer for resale at wholesale rates any Telecommunications Services that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the terms and conditions of this Section. All Owest retail Telecommunications Services are available for resale from Owest pursuant to the Act and will include terms and conditions (except prices) in Owest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. While this Section 6.0 of this Agreement addresses the provision of certain Owest services to Reseller for resale by Reseller, the Parties also acknowledge that Reseller is required to provide its Telecommunications Services to Owest for resale by Owest. Upon request by Owest, Reseller shall make its Telecommunications Services available to Owest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC' relevant orders and rules, and the Commission s relevant orders and rules. 1 .Certain Owest services are not available for resale under this Agreement, as noted in Section 6.2. The applicable discounts for services available for resale are identified in Exhibit A. Terms and Conditions Owest shall offer introductory training on procedures that Reseller must use to access Owest's ass at no cost to Reseller. If Reseller asks Owest personnel to travel to Reseller location to deliver training, Reseller will pay Owest's reasonable travel related expenses. Owest may also offer to Reseller other training at reasonable costs. Services available for resale under this Agreement may be resold only to the same class of End User Customers to which Owest sells such services where such restrictions have been ordered or approved by the Commission. Such restrictions are listed below in this Section 6. Promotional offerings of ninety (90) Days or less are available for resale. Such promotions are available for resale under the same terms and conditions that are available to Owest retail End User Customers , with no wholesale discount. Should Owest re-offer any promotion for a sequential ninety (90) Day or less promotion period following the initial ninety (90) Day or less promotion period, then the initial and subsequent promotion(s) will be available to Reseller for resale with any applicable wholesale discount. Market trials of ninety (90) days or less are not available for resale. Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by Reseller only to the same class of End User Customers eligible to purchase these services from Owest. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings If Reseller is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Owest will not collect TAP credits on an ETC's behalf. If Reseller is not an ETC and if Reseller wishes to resell TAP services, Reseller shall certify pursuant to 47 C.R. ~ 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. Reseller shall complete and provide such certification to Owest before Reseller purchases TAP services for resale , and shall re-certify annually. The certification form and instructions are provided at Owest's web site in the Resale General Product Catalog. Use of the Owest certification form is mandatory to demonstrate compliance with the requirements of this Section.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by Reseller whenever E911/911 service would be provided on the same line if provided by Owest to a Owest retail End User Customer. Inside wiring maintenance plans are available for resale at Owest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation , calling cards and CPE , are not available for resale. Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and Information Services, other than voice messaging, are not available for resale. Owest will make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Owest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs including early termination liability. Nothing in this Agreement shall affect any obligation of any Owest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where Reseller seeks to continue serving an End User Customer presently served through a resold Owest CSA, but wishes to provide such service through alternate resale arrangements , Owest shall provide Reseller the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Owest shall be entitled to apply provisions that provide Owest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. Grandfathered services are available for resale by Reseller to existing End User Customers of the grandfathered product or service. Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and Reseller s serving location. Where a common block is applicable , a Centrex system defined by a single common block or multiple common blocks for a single Reseller within a single Central Office switching system. A common block July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings defines the dialing plan for intercom calling, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. Reseller may purchase multiple common blocks within a single Central Office switching system when Reseller requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. Reseller with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (i.e., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. Centrex station lines are provisioned and charges are calculated based on serving Reseller s location. A location is defined as the site where Owest facilities (cable plant from the serving Central Office Switch) meet Reseller facilities (inside wire). In a multi-tenant building, Owest may bring facilities directly to a single Point of Interconnection with Reseller facilities , typically in a basement equipment room, which would be considered a single location for this multi-tenant building. Should Owest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate Reseller facilities termination point is considered a location. Where Reseller has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by Reseller and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Owest for its facilities. Where Reseller has Centrex station lines from multiple Central Office switching systems, within the same Owest Wire Center, and provisioned to the same location, Reseller will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single Reseller Centrex system to a' single Reseller serving location for rating purposes. Reseller may not specify a Central Office as Reseller s location for the termination of Centrex station lines.10 Private line service used for Special Access is available for resale but not at a discount. Intentionally Left Blank.12 Telecommunications Services provided directly to Reseller for its own use and not resold to End User Customers must be identified by Reseller as such, and Reseller will pay Owest retail prices for such services. Owest shall provide to Reseller Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Owest provides these services to itself, its subsidiaries , its Affiliates, other Resellers , and Owest's retail End User Customers. Owest shall also provide resold services to Reseller in accordance with the Commission s retail service quality requirements, if any. Owest further agrees to reimburse Reseller for credits or fines and penalties assessed against Reseller as a result of Owest' failure to provide service to Reseller, subject to the understanding that any payments made July 25, 2007/swd-kc/NOS Communications , Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Owest as part of a performance assurance plan , and further subject to the following provisions: Owest shall provide service credits to Reseller for resold services in accordance with the Commission s retail service requirements that apply to Owest retail services , if any. Such credits shall be limited in accordance with the following: a) Owest's service credits to Reseller shall be subject to the wholesale discount;b) Owest shall only be liable to provide service credits in accordance with the resold services provided to Reseller. Owest is not required to provide service credits for service failures that are the fault of Reseller; ntentionally Left Blank. Intentionally Left Blank.e) In no case shall Owest's credits to Reseller exceed the amount Owest would pay a Owest End User Customer under the service quality requirements less any wholesale discount applicable to Reseller s resold services; andf) In no case shall Owest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident. Fines and Penalties - Owest shall be liable to pay to Reseller fines and penalties for resold services in accordance with the Commission retail service requirements that apply to Owest retail services, if any. Such credits shall be limited in accordance with the following: a) Owest's fines and penalties paid to Reseller shall be subject to the wholesale discount;b) Owest shall only be liable to provide fines and penalties in accordance with the resold services provided to Reseller. Owest is not required to pay fines and penalties for service failures that are the fault of Reseller; ntentionally Left Blank.d) I n no case shall Owest's fines and penalties to Reseller exceed the amount Owest would pay the Commission under the service quality plan , less any wholesale discount applicable to Reseller s resold services; ande) In no case shall Owest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident.2.4 In the event that there are existing agreements between Reseller and Owest for resale under Owest retail Tariffs, catalogs, price lists , or other retail Telecommunications Services offerings , Reseller may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs price lists, or other retail July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings Telecommunications Services offerings, or Reseller may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If Reseller so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. ntentionally Left Blank. The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. Owest will accept at no charge one (1) primary white pages Directory Listing for each main telephone number belonging to Reseller s End User Customer based on End User Customer information provided to Owest by Reseller. Owest will place Reseller s End User Customer s Listings in Owest's Directory Assistance Database and will include such Listings in Owest's Directory Assistance Service. For additional terms and conditions for Directory Listings see Section 7 of this Agreement. Owest shall provide to Reseller, for Reseller s End User Customers , E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be responsible for any failure of Reseller to provide accurate End User Customer information for listings in any databases in which Owest is required to retain and/or maintain such information. Owest shall provide Reseller s End User Customer information to the Automatic Location Identification/Database Management System (ALI/DMS). Owest shall use its standard process to update and maintain Reseller s End User Customer service information in the ALI/DMS used to support E911/911 services on the same schedule that it uses for its retail End User Customers. Owest assumes no liability for the accuracy of information provided by Reseller. If Owest provides and Reseller accepts Owest's Directory Assistance Service or operator services for Reseller s resold local Exchange Service lines, such Directory Assistance and operator services may be provided with branding as provided in this Agreement.10 Reseller shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. Reseller and Owest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall disclaim any liability for Reseller s improper InterLATA and IntraLATA PIC change requests , and Reseller shall disclaim any liability for Owest's improper InterLATA (when applicable) and IntraLATA PIC change requests.11 When End User Customers switch from Owest to Reseller, or to Reseller from any other Reseller and if they do not change their service address to an address served by a different Rate Center, such End User Customers shall be permitted to retain their current telephone numbers if they so desire and if such number retention is not prohibited by Applicable Laws or regulations for number administration and Local Number Portability (LNP).12 In the event Owest properly terminates the Provisioning of any resold services to Reseller for any reason, Reseller shall be responsible for providing any and all necessary notice to its End User Customers of the termination. In no case shall Owest be responsible for providing such notice to Reseller s End User Customers. Owest will provide notice to Reseller of Owest's termination of a resold service on a timely basis consistent with Commission rules and notice requirements. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings13 The underlying network provider of a resold service shall be entitled to receive from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tariff.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if Reseller requests that facilities be constructed or enhanced to provide resold services, Owest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Owest's retail Tariffs, catalogs, price lists or other retail Telecommunications Services offerings and Commission rules. Under such circumstances, Owest will develop and provide to Reseller a price quotation for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Owest retail End User Customers. If the quotation is accepted by Reseller, Reseller will be billed the quoted price and construction will commence after receipt of payment. Rates and Charges Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change , and any such changes shall apply from the effective date of such change on a going-forward basis only. The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to Reseller. A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by Reseller without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Owest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply.3.4 Reseller will pay to Owest the Primary Interexchange Carrier (PIC) change charge without discount for Reseller End User Customer changes of Interexchange or IntraLATA Carriers. Any change in Reseller s End User Customer s Interexchange or IntraLATA Carrier must be requested by Reseller on behalf of its End User Customer, and Owest will not accept changes to Reseller s End User Customer s Interexchange or IntraLATA Carrier(s) from anyone other than Reseller. Reseller agrees to pay Owest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e., continuous redial last call return , call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Owest shall provide Reseller with sufficient information to enable Reseller to bill its End User Customers. Miscellaneous Charges applicable to services ordered for resale by Reseller will apply if such Miscellaneous Charges apply for equivalent services ordered by Owest retail End User Customers , except that Reseller will receive any applicable wholesale discount. Such July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings Miscellaneous Charges include charges listed in the applicable Owest Tariffs, catalogs , price lists, or other retail Telecommunications Services offerings. If the Commission orders additional services to be available for resale, Owest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates , those additional services will be added to this Agreement at the original Agreement wholesale discount rate. Owest shall timely bill new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Owest bills Reseller amounts different from new or changed rates or charges after the effective date of such rates or charges , Owest shall make appropriate bill adjustments or provide appropriate bill credits on Reseller s bill(s). If rates for services resold by Reseller under this Agreement change, based on changes in Owest's Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges billed to Reseller for such services will be based upon the new Tariff catalogs, price lists , or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Owest's applicable Tariffs catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at Reseller s request for use by Reseller End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed. Ordering Process 6.4.1 Reseller, or Reseller s agent, shall act as the single point of contact for its End User Customers' service needs , including without limitation , sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports , repair, post-sale servicing, Billing, collection and inquiry. Reseller s End User Customers contacting Owest in error will be instructed to contact Reseller; and Owest's End User Customers contacting Reseller in error will be instructed to contact Owest. In responding to calls , neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined , misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owest or Reseller from discussing its products and services with Reseller s or Owest's End User Customers who call the other Party seeking such information. 6.4.Reseller shall transmit to Owest all information necessary for the ordering (Billing, Directory Listing and other information), installation , repair, maintenance and post- installation servicing according to Owest's standard procedures, as described in the Owest Product Catalog (PCA T) available on Owest'public web site located http://w qwest.com/whoiesale/pcat.Information shall be provided using Owest's designated Local Service Request (LSR) format which may include the LSR , End User Customer and resale forms. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings 6.4.Owest will use the same performance standards and criteria for installation Provisioning, maintenance , and repair of services provided to Reseller for resale under this Agreement as Owest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Owest retail End User Customers. The installation , Provisioning, maintenance, and repair processes for Reseller s resale service requests are detailed in the Access to ass Section of this Agreement, and are applicable whether Reseller s resale service requests are submitted via Operational Support System or by facsimile. 6.4.Reseller is responsible for providing to Owest complete and accurate End User Customer Directory Listing information including initial and updated information for Directory Assistance Service , white pages directories, and E911/911 Emergency Services. 6.4.If Owest's retail End User Customer, or the End User Customer s New Service Provider orders the discontinuance of the End User Customer s existing Owest service in anticipation of the End User Customer moving to a New Service Provider, Owest will render its closing bill to the End User Customer, discontinuing Billing as of the date of the discontinuance of Owest's service to the End User Customer. If the Current Service Provider, or if the End User Customer s New Service Provider orders the discontinuance of existing resold service from the Current Service Provider, Owest will bill the Current Service Provider for service through the date the End User Customer receives resold service from the Current Service Provider. Owest will notify Reseller by Operational Support System interface, facsimile, or by other agreed-upon processes when an End User Customer moves from the Current Service Provider to a New Service Provider. Owest will not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.Reseller shall provide Owest and Owest shall provide Reseller with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both Reseller and Owest in the event special attention is required on a service request. 6.4.Prior to placing orders on behalf of the End User Customer, Reseller shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the peA Section of this Agreement. 6.4.Due Date intervals for Reseller s resale service requests are established when service requests are received by Owest through Operational Support Systems or by facsimile. Intervals provided to Reseller shall be equivalent to intervals provided by Owest to itself, its Affiliates, its subsidiaries, other Resellers, and to Owest's retail End User Customers. Billing Owest shall bill Reseller and Reseller shall be responsible for all applicable charges for the resold services as provided herein. Reseller shall also be responsible for all Tariffed, cataloged , price listed, and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that Reseller resells to an End User Customer under this Agreement. Owest shall provide Reseller, on a monthly basis , within seven (7) to ten (10) Days of the last day of the most recent Billing period , in an agreed upon standard electronic Billing format as detailed in the ass Section , Billing information including (1) a summary bill July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings and (2) individual End User Customer sub-account information consistent with the samples available for Reseller review. Maintenance and Repair Owest will maintain its facilities and equipment used to provide Reseller resold services. Reseller or its End User Customers may not rearrange, move, disconnect or attempt to repair Owest's facilities or equipment, including facilities or equipment that may terminate orbe located at Reseller s End User Customer s premises, other than by connection or disconnection to any interface between Owest and the End User Customer s facilities , without the written consent of Owest. Maintenance and Repair procedures are detailed in this Agreement. Reseller and Owest will employ the procedures for handling misdirected repair calls as specified in this Agreement. E911 Database Updates for Resale Based Resellers For resold services, Owest, or its designated database provider, will provide updates to the All database in a manner that is at the same level of accuracy and reliability as such updates are provided for Owest's End User Customers. For resold accounts, Reseller shall provide Owest with accurate End User Customer location information to be updated to the All/OMS database. Owest shall use its current process to update and maintain End User Customer information in the All/OMS database. E911 Database Accuracy. Owest and its vendor will provide non-discriminatory error correction for records submitted to the Automatic Location Identification (All) database. For resold accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to correct the error, vendor will contact Owest for error resolution. For errors referred to Owest Owest will provide the corrections in a non-discriminatory manner. If Owest is unable to resolve the error, Owest will contact the Reseller for resolution. In the case of Facility Based Resellers the vendor will interface directly with Reseller to resolve record errors. July 25 , 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS Description White Pages Directory Listings Service consists of Owest placing the names, addresses and telephone numbers of Reseller s End User Customers in Owest's Listings database, based on End User Customer information provided to Owest by Reseller. Owest is authorized to use Reseller End User Customer Listings as noted below. Terms and Conditions White Pages Directory Listings Service is provided to Reseller with Reseller s resold local exchange lines , and such Listings include terms and conditions (except prices) for Listings in Owest's applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. White Pages Directory Listings Service is available to Reseller as described in this Section. Reseller will provide to Owest, in standard format, by mechanized or by manual transmission to Owest, its primary, premium and privacy Listings. Owest will accept one (1) primary Listing for each main telephone number belonging to Reseller s End User Customers at no monthly recurring charge. Reseller will be charged for its resale premium Listings (e. additional , foreign, cross-reference) and privacy Listings (i.e., non listed and nonpublished) at Owest's General Exchange Listing Tariff rates, less the wholesale discount, if any, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Owest General Exchange Tariffs. Intentionally Left Blank.2.4 Information on submitting and updating Listings is available in Facility Based Resellers and Resellers Directory Listings User Document. Owest will furnish Reseller Listings format specifications. Directory publishing schedules and deadlines for Owest's official directory publisher will be provided to Reseller. If Reseller provides its End User Customer s Listings to Owest, Reseller grants Owest access to Reseller s End User Customer Listings information for use in its Directory Assistance Service - and in its Directory Assistance List Service and for other lawful purposes, except that Reseller s Listings supplied to Owest by Reseller and marked as nonpublished or nonlisted Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Owest will incorporate Reseller End User Customer Listings in the Directory Assistance Database. Owest will incorporate Reseller s End User Customer Listings information in all existing and future Directory Assistance applications developed by Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a divestiture , merger or other transaction, this July 25, 2007/swd-kc/NOS Communications , Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings access grant automatically terminates. Reseller End User Customer Listings will be treated the same as Owest's End User Customer Listings. Prior written authorization from Reseller, which authorization may be withheld , shall be required for Owest to sell , make available , or release Reseller s End User Customer Listings to directory publishers , or other third parties other than Directory Assistance providers. No prior authorization from Reseller shall be required for Owest to sell, make available, or release Reseller s End User Customer Directory Assistance Listings to Directory Assistance providers. Listings shall not be provided or sold in such a manner as to segregate End User Customers by Carrier. Owest will not charge Reseller for updating and maintaining Owest's Listings databases. Reseller will not receive compensation from Owest for any sale of Listings by Owest as provided for under this Agreement. To the extent that state Tariffs limit Owest's liability with regard to Listings, the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of Liability section of this Agreement with respect to Listings only. Owest is responsible for maintaining Listings, including entering, changing, correcting, rearranging and removing Listings in accordance with Reseller orders. Owest provides non-discriminatory appearance and integration of white pages directory Listings for all Reseller s and Owest's End User Customers. All requests for white pages directory listings, whether for Reseller or Owest End User Customers follow the same processes for entry into the Listings database. Owest will take reasonable steps in accordance with industry practices to accommodate Reseller s nonpublished and non listed Listings provided that Reseller has supplied Owest the necessary privacy indicators on such Listings. 10 Reseller s white pages directory Listings will be in the same font and size as Listings for Owest End User Customers, and will not be separately classified.11 Owest processes for publication of white pages directory Listings will make no distinction between Reseller s and Owest's subscribers. Reseller s Listings will be provided with the same accuracy and reliability as Owest's End User Customer Listings. Owest will ensure Reseller s Listings provided to Owest are included in the white pages directory published on Owest's behalf using the same methods and procedures, and under the same terms and conditions, as Owest uses for its own End User Customers' Listings.12 For Reseller s End User Customers whose Listings Reseller provides to Owest for submission to its official directory publisher, Owest shall ensure its third party publisher distributes appropriate alphabetical and classified directories (white and yellow pages) and recycling services to such Reseller End User Customers at Parity with Owest End User Customers, including providing directories a) upon establishment of new service; b) during annual mass distribution; and c) upon End User Customer request. Reseller shall use commercially reasonable efforts to ensure that July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings Listings provided to Owest are accurate and complete. All third party Listings information is provided AS IS, WITH ALL FAULTS. Reseller further represents that it shall review all Listings information provided to Owest, including End User Customer- requested restrictions on use, such as non published and non listed restrictions.14 Intentionally Left Blank. 15 Reseller shall be solely responsible for knowing and adhering to state laws or rulings regarding Listings and for supplying Owest with the applicable Listing information. Owest understands that certain states, including, but not necessarily limited , Minnesota, South Dakota, and Washington, have enacted statutes that impose certain requirements upon the provision of wireless listings, and Reseller represents and warrants that listings Reseller submits to Owest reflect and are provided in full compliance with applicable laws and regulations, including but not limited to, laws and regulations applicable to wireless listings.16 Reseller agrees to provide to Owest its End User Customer names addresses and telephone numbers in a standard mechanized or manual format, as specified by Owest.17 Reseller will supply its ACNA/CIC or CLCC/OCN , as appropriate, with each order to provide Owest the means of identifying Listings ownership.18 Prior to placing Listings orders on behalf of End User Customers Reseller shall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement.19 For Listings that Reseller submits to Owest, Owest will provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on Owest's Directory Assistance Service. Verification proofs containing nonpublished and non listed Listings are also available upon request on the same monthly schedule.20 Owest will provide Reseller a reasonable opportunity to verify the accuracy of its Listings to be included in the white pages directory and in Owest' Directory Assistance Service.21 Reseller may review and if necessary edit its white page Listings prior to the close date for publication in the directory.22 Reseller is responsible for all dealings with, and on behalf of, Reseller End User Customers , including: 22.All End User Customer account activity (e., End User Customer queries and complaints); 22.All account maintenance activity (e., additions, changes issuance of orders for Listings to Owest); 22.Determining privacy requirements and accurately coding the privacy indicators for Reseller s End User Customer information (if End User July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings Customer information provided by Reseller to Owest does not contain a privacy indicator, no privacy restrictions will apply); and 22.4 Customers. Any additional services requested by Reseller s End User 23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the Telecommunications Act , Owest will provide subscriber list information gathered in Owest's capacity as a provider of local Exchange Service on a timely basis, under non- discriminatory and reasonable rates , terms and conditions to Reseller upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by Reseller, Owest shall enter into negotiations with Reseller for Reseller s use of subscriber list information for purposes other than publishing directories, and Owest and Reseller will enter into a written contract if agreement is reached for such use. 23.Owest shall use commercially reasonable efforts to ensure that its retail End User Customers' Listings provided to Reseller are accurate and complete. Any third party Listings are provided AS IS, WITH ALL FAULTS. Owest further represents that it shall review all its retail End User Customers Listings information provided to Reseller including End User Customer-requested restrictions on use, such as nonpublished and non listed restrictions.24 Owest represents and warrants that any arrangement for the publication of white pages directory Listings with an Affiliate or contractor requires such Affiliate or contractor to publish the Directory Listings of Reseller contained in Owest's Listings database so that Reseller s Directory Listings are non-discriminatory in appearance and integration , and have the same accuracy and reliability that such Affiliate or contractor provides to Owest's End User Customers.25 Owest further agrees that any arrangements for the publication of white pages directory Listings with an Affiliate or contractor shall require such Affiliate or contractor to include in the customer guide pages of the white pages directory a notice that End User Customers should contact their Current Service Provider to request any modifications to their existing Listing or to request a new Listing.26 Owest agrees that any arrangement with an Affiliate or contractor for the publication of white pages directory Listings shall require such Affiliate or contractor to provide Reseller space in the customer guide pages of the white pages directory for the purpose of notifying End User Customers how to reach Reseller to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities.27 If Reseller submits its End User Customer Listings to Owest through a service bureau or other type of third party (agent), Reseller and the agent shall execute a Letter of Authorization (LOA), in a form acceptable to Owest, that shall include, but not be limited to, the following terms: 27.That the agent is authorized by Reseller to submit Listings to Owest on its behalf and to work with Owest in resolving any issues surrounding July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 7 White Pages Directory Listings its Listing submissions; and 27.That the agent will comply with all terms and conditions of this Agreement in submitting Reseller s End User Customers' Listings to Owest. 27.3 Reseller s use of an agent in submitting its End User Customers Listings to Owest shall not alter Reseller s obligations under this Agreement and Reseller shall remain primarily liable for covenants and responsibilities under this Agreement. Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. Primary Listings; and Premium and Privacy Listings. Ordering Process Owest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 7.4.Reseller Listings can be submitted for inclusion in Owest white pages directories according to the directions in the Owest Listings User Documents for Facility Based Resellers and Resellers, which is available on-line through the PCA T http://www.awest.com/whoiesale/pcat/) or will be provided in hard copy to Reseller upon request. Initial information and directions are available in the PCAT. 7.4.Reseller can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI , IMA-GUI , or by facsimile. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 8 Network Security SECTION 0 - NETWORK SECURITY Protection of Service and Property. Each Party shall exercise the same degree of care to prevent harm or damage to the other Party and any third parties, its employees agents or End User Customers , or their property as it employs to protect its own personnel, End User Customers and property. Each Party is responsible to provide security and privacy of communications. This entails protecting the confidential nature of Telecommunications transmissions between End User Customers during technician work operations and at all times. Specifically, no employee , agent or representative shall monitor any circuits except as required to repair or provide service of any End User Customer at any time. Nor shall an employee, agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that such communication has taken place. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. Reseller is responsible for covering its employees on such security requirements and penalties. The 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.8.4 Each Party s employees, agents or representatives must secure its own portable test equipment and spares , 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. Each Party is responsible for the physical security of its employees, agents or representatives. Providing safety glasses, gloves, etc. must be done by the respective employing Party. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Party. Proper use of tools, ladders and test gear is the training responsibility of the employing Party. In the event that one Party s employees, agents or representatives inadvertently damage or impair the equipment of the other Party, prompt notification will be given to the damaged Party by verbal notification between the Parties' technicians at the site or by telephone to each Party s 24 x 7 security numbers. Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 8 Network Security13 Reseller shall report all material losses to Owest Security. All security incidents are to be referred directly to local Owest Security - 1-888-879-7328. In cases of emergency, Reseller shall call 911 and 1-888-879-7328.14 Owest and Reseller employees , agents and vendors will display the identification/access card above the waist and visible at all times.15 Revenue Protection. Owest shall make available to Reseller all present and future fraud prevention or revenue protection features. These features include, but are not limited to, screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international , 800 , 888, 900, NPA-976, 700 and 500 numbers. Owest shall additionally provide partitioned access to fraud prevention , detection and control functionality within pertinent Operations Support Systems which include but are not limited to LIDS Fraud monitoring systems. July 25 , 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) Section 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) General Terms Owest has developed and shall continue to provide Operational Support System (aSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between Reseller s and Owest's ass. These gateways provide security for the interfaces, protecting the integrity of the Owest ass and databases. Owest'ass interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and manual processes that Owest has developed and shall provide to Reseller. Additional technical information and details shall be provided by Owest in training sessions and documentation and support, such as the "Interconnect Mediated Access User s Guide." Owest will continue to make improvements to the electronic interfaces as technology evolves , Owest's legacy systems improve, or Reseller needs require. Owest shall provide notification to Reseller consistent with the provisions of the Change Management Process (CMP) set forth in Section 9. Through its electronic gateways and manual processes , Owest shall provide Reseller non-discriminatory access to Owest's ass for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such as pre-ordering and ordering and Provisioning of resold services, Owest shall provide Reseller access to its ass in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, Owest shall provide Reseller access to Owest's ass sufficient to allow an efficient competitor a meaningful opportunity to compete. Owest will comply with the standards for access to ass set forth in Section 9. Owest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Owest shall provide assistance for Reseller to understand how to implement and use all of the available OSS functions. Owest shall provide Reseller sufficient electronic and manual interfaces to allow Reseller equivalent access to all of the necessary OSS functions. Through its web site, training, disclosure documentation and development assistance, Owest shall disclose to Reseller any internal business rules and other formatting information necessary to ensure that Reseller requests and orders are processed efficiently. Owest shall provide training to enable Reseller devise its own course work for its own employees. Through its documentation available to Reseller, Owest will identify how its interface differs from national guidelines or standards. Owest shall provide ass designed to accommodate both current demand and reasonably foreseeable demand. OSS Support for Pre-Ordering, Ordering and Provisioning Local Service Request (LSR) Ordering Process Owest shall provide electronic interface gateways for submission of LSRs , including both an Electronic Data Interchange (EDI) interface and a Graphical User Interface (GUI). The interface guidelines for EDI are based upon the Ordering and Billing Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry Forum (TCIF) Customer Service Guidelines; and the American National Standards Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) above guidelines/standards shall be specified in the EDI disclosure documents. The GUI shall provide a single interface for Pre-Order and Order transactions from Reseller to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol (TCP/IP) to transmit messages.1.4 Functions Pre-ordering: Qwest will provide real time, electronic access to pre-order functions to support Reseller ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to Reseller: 1.4.1 Features , services and Primary Interexchange Carrier (PIC) options for IntraLATA Toll and InterLATA Toll available at a valid service address; 1.4.Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information will include Billing name, service address , Billing address, service and feature subscription, Directory Listing information, and Long Distance Carrier identity; 1.4.Telephone number request and selection; 1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 1.4.Information regarding whether dispatch is required for service installation and available installation appointments; 1.4.Service address verification; 1.4.Facility availability, including resale-DSL; A list of valid available CFAs; 1.4.A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops; 1.4.10 Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location where applicable. Dial-Up Capabilities Intentionally Left Blank. Intentionally Left Blank. When Reseller requests from Qwest more than fifty (50) SecurlDs for use by Reseller Customer service representatives at a single Reseller location, Reseller shall use a T1 line instead of dial-up access at that location. If Reseller is obtaining the line from Qwest , then Reseller shall be able July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) to use SecurlDs until such time as Owest provisions the T1 line and the line permits pre-order and order information to be exchanged between Owest and Reseller. Access Service Request (ASR) Ordering Process Owest shall provide a computer-to-computer batch file interface for submission of ASRs based upon the OBF Access Service Order Guidelines (ASOG). Owest shall supply exceptions to these guidelines in writing in sufficient time for Reseller to adjust system requirements. Facility Based EDI Listing Process: Owest shall provide a Facility Based EDI Listing interface to enable Reseller Listing data to be translated and passed into the Owest Listing database. This interface is based upon OBF LSOG and ANSI ASC X12 standards. Owest shall supply exceptions to these guidelines/standards in writing in sufficient time for Reseller to adjust system requirements. Owest will establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Owest will work cooperatively with Resellers through the CMP process to consider any suggestions made by Resellers to improve or modify such plans. Reseller specific requests for modifications to such plans will be negotiated and mutually agreed upon between Owest and Reseller. Ordering and Provisioning: Owest will provide access to ordering and status functions. Reseller will populate the service request to identify what features services, or elements it wishes Owest to provision in accordance with Owest's published business rules. Owest shall provide all Provisioning services to Reseller during the same business hours that Owest provisions services for its End User Customers. Owest will provide out-of-hours Provisioning services to Reseller on a non-discriminatory basis as it provides such Provisioning services to itself, its End User Customers, its Affiliates or any other Party. Owest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale web site. When Reseller places an electronic order, Owest will provide Reseller with an electronic Firm Order Confirmation (FOC) notice. The FOC will follow industry-standard formats and contain the Owest Due Date for order completion. Upon completion of the order, Owest will provide Reseller with an electronic completion notice which follows industry-standard formats and which states when the order was completed. Owest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies Reseller that the service order record has been completed , and 2) Billing completion that notifies Reseller that the service order has posted to the Billing system. When Reseller places a manual order, Owest will provide Reseller with a manual Firm Order Confirmation (FOC) notice. The confirmation notice will follow industry-standard formats. Upon completion of the order , Owest will provide Reseller with a completion notice which follows industry-standard formats and which states when the order was completed. Owest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) Reseller that the service order record has been completed, and 2) Billing completion that notifies Reseller that the service order has posted to the Billing system.9.4 When Reseller places an electronic order, Owest shall provide notification electronically of any instances when (1) Owest's Committed Due Dates are in jeopardy of not being met by Owest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 9. When Reseller places a manual order, Owest shall provide notification of any instances when (1) Owest's Committed Due Dates are jeopardy of not being met by Owest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 9. Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 9. Where Owest provides installation on behalf of Reseller, Owest shall advise the Reseller End User Customer to notify Reseller immediately if Reseller s End User Customer requests a service change at the time of installation. Maintenance and Repair Owest shall provide electronic interface gateways including an Electronic Bonding interface and a GUI interface, for reviewing an End User Customer trouble history at a specific location , conducting testing of an End User Customer service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Owest and Reseller while the Trouble Report (TR) is open and a Owest technician is working on the resolution. Reseller may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by Reseller that trouble is cleared. Interface Availability Owest shall make its ass interfaces available to Reseller during the hours listed in the Gateway Availability PIDs. Owest shall notify Reseller in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. Billing 2.4.For products billed out of the Owest Interexchange Access Billing System (lABS), Owest will utilize the existing CABS/BOS format and technology for the transmission of bills. 2.4.For products billed out of the Owest Customer Record Information System (CRIS), Owest 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 July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of Telecommunications Billing. Any deviance from these standards and guidelines shall be documented and accessible to Reseller. Outputs Output information will be provided to Reseller in the form of bills, files, and reports. Bills will capture all regular monthly and incremental/usage charges and present them in a summarized format. The files and reports delivered to Reseller come in the following categories: Usage Record File Line Usage Information Loss and Completion Order Information Category 11 Facility Based Line Usage Information SAG/FAM Street Address/Facility Availability Information Bills CRIS Summary Bill: The CRIS Summary Bill represents a monthly summary of charges for most wholesale products sold by Qwest. This bill includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-account. Individual sub-accounts are provided as Billing detail and contain monthly, one-time charges and incremental/call detail information. The Summary Bill provides one bill and one payment document for Reseller. These bills are segmented by state and bill cycle. The number of bills received by Reseller is dictated by the product ordered and the Qwest region in which Reseller is operating. lABS Bill: The lABS Bill represents a monthly summary of charges. This bill includes monthly and one-time charges plus a summary of any usage charges. These bills are segmented by product, LATA , Billing account number (BAN) and bill cycle. Files and Reports Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This file will be transmitted Monday through Friday, excluding Qwest holidays. This information is a file of unrated Qwest originated usage messages and rated Reseller originated usage messages. It is provided in ATIS standard Electronic Message Interface (EMI) format. This EMI format is outlined in the document SR-320; which can be obtained directly from A TIS. The Daily Usage Record File contains multi-state data for the Data Processing Center generating this information. Individual state identification information is contained with the message detail. Qwest will provide this data to Reseller with the same level of precision and accuracy it provides itself. This file will be provided for resale products. The charge for this Daily Usage Record File is contained in Exhibit July 25, 2007/swd-kc/NOS Communications , Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) A of this Agreement. Routing of in-region IntraLATA Collect, Calling Card , and Third Number Billed Messages - Owest will distribute in-region IntraLATA collect calling card, and third number billed messages to Reseller and exchange with other Resellers operating in region in a manner consistent with existing inter- company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it will contain these records for these types of calls as well. 2.4 Loss Report provides Reseller with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the End User Customer has changed Resellers or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports will be provided for resale products. Completion Report provides Reseller with a daily report. This report is used to advise Reseller that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports will be provided for resale products. Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange access usage information between Owest and Reseller. Category 1101 series records are used to exchange detailed access usage information. Intentionally Left Blank. SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features Availability Matrix) files contain the following information: SAG provides Address and Serving Central Office Information.b) FAM provides USOCs and descriptions by state (POTS services only), and USOC availability by NPA-NXX with the exception of Centrex. InterLATAllntraLATA Carriers by NPA-NXX. These files are made available via a download process. They can be retrieved by FTP (File Transfer Protocol), NOM connectivity, or a web browser. Change Management Owest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with or exceeds industry guidelines , standards and practices to address Owest's OSS, products and processes. The CMP shall include, but not be limited to the following: (i) provide a forum for Reseller and Owest to discuss Reseller and Owest change requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide a forum for Resellers and Owest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals where appropriate in the process; (v) processes by which Reseller impacts that result from changes to Owest's OSS, products or processes can be promptly and effectively July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) 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 ass Interface testing; (ix) information that is clearly organized and readily accessible to Resellers, including the availability of web-based tools; (x) documentation provided by Qwest that is effective in enabling Resellers to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among Resellers and Qwest and requires agreement by the CMP participants. Pursuant to the scope and procedures set forth in the CMP Document, Qwest will submit to Resellers through the CMP , among other things modifications to existing products and product and technical documentation available to Resellers , introduction of new products available to Resellers , discontinuance of products available to Resellers , modifications to pre-ordering, ordering/Provisioning, maintenance/repair or Billing processes, introduction of pre-ordering, ordering/Provisioning, maintenance/repair or Billing processes, discontinuance of pre-ordering, ordering/Provisioning, maintenance/repair or Billing processes, modifications to existing ass interfaces , introduction of new ass interfaces and retirement of existing ass interfaces. Qwest will maintain as part of CMP an escalation process so that CMP issues can be escalated to a Qwest representative authorized to make a final decision and a process for the timely resolution of disputes. The governing document for CMP, known as the "Change Management Process" Document is the subject of ongoing negotiations between Qwest and Resellers in the ongoing CMP redesign process. The CMP Document will continue to be changed through those discussions. The CMP Document reflects the commitments Qwest has made regarding maintaining its CMP and Qwest commits to implement agreements made in the CMP redesign process as soon as practicable after they are made. The CMP Document will be subject to change through the CMP process, as set forth in the CMP Document. Qwest will maintain the most current version of the CMP Document on its wholesale web site. In the course of establishing operational ready system interfaces between Qwest and Reseller to support local service delivery, Reseller and Qwest may need to define and implement system interface specifications that are supplemental to existing standards. Reseller and Qwest will submit such specifications to the appropriate standards committee and will work towards their acceptance as standards. Release updates will be implemented pursuant to the CMP. Intentionally Left Blank. Reseller Responsibilities for Implementation of ass Interfaces Before Reseller implementation can begin, Reseller must completely and accurately answer the New Customer Questionnaire as required in Section 3. Once Qwest receives a complete and accurate New Customer Questionnaire, Qwest and Reseller will mutually agree upon time frames for implementation of connectivity between Reseller and the ass interfaces. Qwest Responsibilities for On-going Support for ass Interfaces Qwest will support previous EDI releases for six (6) months after the next subsequent EDI release has been deployed. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) new release. Owest will provide written notice to Reseller of the need to migrate to a Owest will provide an EDI Implementation Coordinator to work with Reseller for business scenario re-certification , migration and data conversion strategy definition. Re-certification is the process by which Reseller demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Owest will provide the suite of tests for re-certification to Reseller with the issuance of the disclosure document.8.4 Owest shall provide training mechanisms for Reseller to pursue educating its internal personnel. Owest shall provide training necessary for Reseller to use Owest's ass interfaces and to understand Owest's documentation, including Owest's business rules. Reseller Responsibilities for On-going Support for ass Interfaces If using the GUI interface, Reseller will take reasonable efforts to train Reseller personnel on the GUI functions that Reseller will be using. An exchange protocol will be used to transport EDI formatted content. Reseller must perform certification testing of exchange protocol prior to using the EDI interface. Owest will provide Reseller with access to a stable testing environment that mirrors production to certify that its ass will be capable of interacting smoothly and efficiently with Owest's ass. Owest has established the following test processes to assure the implementation of a solid interface between Owest and Reseller: Connectivity Testing: Reseller and Owest will conduct connectivity testing. This test will establish the ability of the trading partners tosend and receive EDI messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if Reseller or Owest has implemented environment changes when moving into production. 2 Stand-Alone Testing Environment (SATE): Owest's stand-alone testing environment will take pre-order and order requests, pass them to the stand-alone database, and return responses to Reseller during its development and implementation of ED!. The SATE provides Reseller the opportunity to validate its technical development efforts built via Owest documentation without the need to schedule test times. This testing verifies Reseller s ability to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases. SATE uses test account data supplied by Owest. Owest will make additions to the test beds and test accounts as it introduces new ass electronic interface capabilities, including support of new products and services, new interface features, and functionalities. All SATE pre- July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is optional. Interoperability Testing - Reseller has the option of participating with Owest in Interoperability testing to provide Reseller with the opportunity to validate technical development efforts and to quantify processing results. Interoperability testing verifies Reseller s ability to send correct EDI transactions through the EDI system edits successfully. Interoperability testing requires the use of valid data in Owest production systems. All Interoperability pre-order queries and order transactions are subjected to the same edits as production orders. This testing phase is optional when Reseller has conducted Stand-Alone Testing successfully. Owest shall process pre-order transactions in Owest' production ass and order transactions through the business processing layer of the EDI interfaces.3.4 Controlled Production: Owest and Reseller will perform controlled production. The controlled production process is designed to validate the ability of Reseller to transmit EDI data that completely meets X12 standards definitions and complies with all Owest business rules. Controlled production consists of the controlled submission of actual Reseller production requests to the Owest production environment. Owest treats these pre-order queries and orders as production pre-order and order transactions. Owest and Reseller use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and will be provisioned. If Reseller is using EDI, Owest shall provide Reseller with a pre- allotted amount of time to complete certification of its business scenarios. Owest will allow Reseller a reasonably sufficient amount of time during the day and a reasonably sufficient number of days during the week to complete certification of its business scenarios consistent with Reseller s business plan. It is the sale responsibility of Reseller to schedule an appointment with Qwest for certification of its business scenarios. Reseller must make every effort to comply with the agreed upon dates and times scheduled for the certification of its business scenarios. If the certification of business scenarios is delayed due to Reseller, itis the sale responsibility of Reseller to schedule new appointments for certification of its business scenarios. Owest will make reasonable efforts to accommodate Reseller schedule. Conflicts in the schedule could result in certification being delayed. If a delay is due to Owest, Owest will honor Reseller s schedule through the use of alternative hours.9.4 If Reseller is using the EDI interface, Reseller must work with Owest to certify the business scenarios that Reseller will be using in order to ensure successful transaction processing. Owest and Reseller shall mutually agree to the business scenarios for which Reseller requires certification. Certification will be granted for the specified release of the EDI interface. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel where Technically Feasible. 9.4.For a new software release or upgrade, Qwest will provide Reseller a stable testing environment that mirrors the production environment July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) order for Reseller to test the new release. For software releases and upgrades Owest has implemented the testing processes set forth in Sections 9. 3 and 9.3.4. New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification will be made by the Owest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification will be provided to Reseller as the new release is implemented. The suite of re-certification test scenarios will be provided to Reseller with the disclosure document. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel , where Technically Feasible. Reseller will contact the Owest EDI Implementation Coordinator to initiate the migration process. Reseller may not need to certify to every new EDI release, however, Reseller must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. Reseller will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. The following rules apply to initial development and certification of EDI interface versions and migration to subsequent EDI interface versions: 1 Stand-Alone and/or Interoperability testing must begin on the prior release before the next release is implemented. Otherwise, Reseller will be required to move its implementation plan to the next release. New EDI users must be certified and in production with at least one (1) product and one (1) order activity type on a prior release two (2) months after the implementation of the next release. Otherwise, Reseller will be required to move its implementation plan to the next release. Any EDI user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production , the products/order activities must have been tested in the SATE or Interoperability environment before two (2) months after the implementation of the next release. Reseller will be expected to execute the re-certification test cases in the stand-alone and/or Interoperability test environments. Reseller will provide Purchase Order Numbers (PONs) of the successful test cases to Owest. In addition to the testing set forth in other sections of Section 9.9, upon request by Reseller, Owest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached, Reseller shall be entitled to employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited resolution through request to the state Commission to resolve any differences. In such July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) cases, Reseller shall be entitled to testing that is reasonably necessary to accommodate identified business plans or operations needs, accounting for any other testing relevantto those plans or needs. As part of the resolution of such dispute , there shall be considered the issue of assigning responsibility for the costs of such testing. Absent a finding that the test scope and activities address issues of common interest to the Reseller community, the costs shall be assigned to Reseller requesting the test procedures. Reseller Support 10.Owest shall provide documentation and assistance for Reseller to understand how to implement and use all of the available ass functions. Owest shall provide to Reseller in writing any internal business rules and other formatting information necessary to ensure that Reseller s requests and orders are processed efficiently. This assistance will include, but is not limited to, contacts to the Reseller account team training, documentation , and Reseller Help Desk. Owest will also supply Reseller with an escalation level contact list in the event issues are not resolved via contacts to the Reseller account team, training, documentation and Reseller Help Desk. 10.Reseller Help Desk 10.The Reseller Systems Help Desk will provide a single point of entry for Reseller to gain assistance in areas involving connectivity, system availability, and file outputs. The Reseller Systems Help Desk areas are further described below. 10.Connectivity covers trouble with Reseller s access to the Owest system for hardware configuration requirements with relevance to EDI and GUI interfaces; software configuration requirements with relevance to EDI and GUI interfaces; modem configuration requirementsT1 configuration and dial-in string requirements firewall access configuration, SecurlD configuration Profile Setup, and password verification. 10.System Availability covers system errors generated during an attempt by Reseller to place orders or open trouble reports through EDI and GUI interfaces. These system errors are limited to: Resale/POTS; Design Services and Repair. 10.File Outputs covers Reseller output files and reports produced from its usage and order activity. File outputs system errors are limited to: Daily Usage File; Loss / Completion File, lABS Bill CRIS Summary Bill , Category 11 Report and SAG/FAM Reports. 10.Additional assistance to Reseller is available through various public web sites. These web sites provide electronic interface training information and user documentation and technical specifications and are located on Owest's wholesale website. Owest will provide Interconnect Service Center Help Desks which will provide a single point of contact for Reseller to gain assistance in areas involving order submission and manual processes. July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS)11 Compensation/Cost Recovery Recurring and nonrecurring ass charges, as applicable, will be billed at rates set forth in Exhibit A. Any such rates will be consistent with Existing Rules. Owest shall not impose any recurring or nonrecurring ass charges unless and until the Commission authorizes Owest to impose such charges and/or approves applicable rates at the completion of appropriate cost docket proceedings. Maintenance and Repair Service levels Owest will provide repair and maintenance for all services covered this Agreement in substantially the same time and manner as that which Owest provides for itself, its End User Customers, its Affiliates, or any other party. Owest shall provide Reseller repair status information in substantially the same time and manner as Owest provides for its retail services. During the term of this Agreement, Qwest will provide necessary maintenance business process support to allow Reseller to provide similar service quality to that provided by Owest to itself, its End User Customers, its Affiliates, or any other party. Owest will perform repair service that is substantially the same in timeliness and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party. Trouble calls from Reseller shall receive response time priority that is substantially the same as that provided to Owest, its End User Customers its Affiliates, or any other party and shall be handled in a nondiscriminatory manner. Branding Owest shall use unbranded Maintenance and Repair forms while interfacing with Reseller End User Customers. Upon request, Owest shall use Reseller provided and branded Maintenance and Repair forms. Owest may not unreasonably interfere with branding by Reseller. Except as specifically permitted by Reseller, in no event shall Owest provide information to Reseller subscribers about Reseller or Reseller product or services. This section shall confer on Qwest no rights to the service marks trademarks and trade names owned by or used in connection with services offered by Reseller or its Affiliates, except as expressly permitted by Reseller. Servi ce I nterru ptions 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 July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) affiliated companies, or its connecting concurring Carriers involved in its services; 3) violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Party s facilities; or 4) create hazards to the employees of either Party or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service If it is confirmed that either Party is causing an Impairment of Service, as set forth in this Section, the Party whose network or service is being impaired (the Impaired Party ) shall promptly notify the Party causing the Impairment of Service (the Impairing Party ) of the nature and location of the problem. The Impaired Party shall advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of the use of any circuit, facility or equipment may be required. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the affected circuit facility or equipment. To facilitate trouble reporting and to coordinate the repair of the service provided by each Party to the other under this Agreement, each Party shall designate a repair center for such service.3.4 Each Party shall furnish a trouble reporting telephone number for the designated repair center. This number shall give access to the location where records are normally located and where current status reports on any trouble reports are readily available. If necessary, alternative out-of-hours procedures shall be established to ensure access to a location that is staffed and has the authority to initiate corrective action. Before either Party reports a trouble condition, it shall use its best efforts to isolate the trouble to the other s facilities. In cases where a trouble condition affects a significant portion of the other s service, the Parties shall assign the same priority provided to Reseller as itself, its End User Customers, its Affiliates, or any other party. The Parties shall cooperate in isolating trouble conditions. Trouble Isolation 3.4.Reseller is responsible for its own End User Customer base and will have the responsibility for resolution of any service trouble report(s) from its End User Customers. Reseller will perform trouble isolation on services it provides to its End User Customers to the extent the capability to perform such trouble isolation is available to Reseller, prior to reporting trouble to Owest. Reseller shall have access for testing purposes at the Demarcation Point, NID , or Point of Interface. Owest will work cooperatively with Reseller to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Owest's network. Qwest and Reseller will report trouble isolation test results to the other. Each Party shall be responsible for the costs of performing trouble isolation on its facilities , subject to Sections 9.3.4.2 and 3.4. July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) 3.4.When Reseller requests that Owest perform trouble isolation with Reseller, a Maintenance of Service charge will apply if the trouble is found to be on the End User Customer s side of the Demarcation Point. If the trouble is on the End User Customer s side of the Demarcation Point, and Reseller authorizes Owest to repair trouble on Reseller s behalf, Owest will charge Reseller the appropriate Additional labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge. 3.4.When Reseller elects not to perform trouble isolation and Owest performs tests at Reseller request, a Maintenance of Service charge shall apply if the trouble is not in Owest's facilities, including Owest'facilities leased by Reseller. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on Owest's side of the Demarcation Point, or Point of Interface during the investigation of the initial or repeat trouble report for the same line or circuit within thirty (30) Days Maintenance of Service charges shall not apply. Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under -this Agreement, Owest will not perform any maintenance of inside wire (premises wiring beyond the End User Customer s Demarcation Point) for Reseller or its End User Customers. Testingrrest Requests Where Reseller does not have the ability to diagnose and isolate trouble on a Owest line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Owest will conduct testing, to the extent testing capabilities are available to Owest, to diagnose and isolate a trouble in substantially the same time and manner that Owest provides for itself, its End User Customers, its Affiliates, or any other party. Prior to Owest conducting a test on a line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Owest must receive a trouble report from Reseller. On manually reported trouble for non-designed services, Owest will provide readily available test results to Reseller or test results to Reseller in accordance with any applicable Commission rule for providing test results to End User Customers or Resellers. On manually reported trouble for designed services provided in this Agreement, Owest will provide Reseller test results upon request. For electronically reported trouble, Owest will provide Reseller with the ability to obtain basic test results in substantially the same time and manner that Owest provides for itself , its End User Customers, its Affiliates, or any other party.6.4 Reseller shall isolate the trouble condition to Owest's portion of the line circuit, or service provided in this Agreement before Owest accepts a trouble report for that line , circuit or service. Once Owest accepts the trouble report from Reseller, Owest shall process the trouble report in substantially the same time and manner as Owest does for itself, its End User Customers , its Affiliates , or any other party. Owest shall test to ensure electrical continuity and services it provides to July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) Reseller prior to closing a trouble report. Work Center Interfaces Owest and Reseller shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. Misdirected Repair Calls Reseller and Owest will employ the following procedures for handling misdirected repair calls: 1 .Reseller and Owest will provide their respective End User Customers with the correct telephone numbers to call for access to their respective repair bureaus. 1 .End User Customers of Reseller shall be instructed to report all cases of trouble to Reseller. End User Customers of Owest shall be instructed to report all cases of trouble to Owest. To the extent the correct provider can be determined misdirected repair calls will be referred to the proper provider of Basic Exchange Telecommunications Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or Reseller from discussing its products and services with Reseller s or Owest's End User Customers who call the other Party seeking such information.1.4 Reseller and Owest will provide their respective repair contact numbers to one another on a reciprocal basis. In responding to repair calls, Reseller s End User Customers contacting Qwest in error will be instructed to contact Reseller; and Owest's End User Customers contacting Reseller in error will be instructed to contact Owest. In responding to calls, neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined , misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owest or Reseller from discussing its products and services with Reseller s or Owest' End User Customers who call the other Party seeking such information. Major Outages/Restoral/Notification Owest will notify Reseller of major network outages in substantially the same time and manner as it provides itself, its End User Customers, its Affiliates, or any other party. This notification will be via e-mail to Reseller s identified contact. With the minor exception of certain Proprietary Information such as Customer information , Owest 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 Owest. The email notification schedule shall consist of initial report of abnormal condition and estimated restoration time/date July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) abnormal condition updates , and final disposition. Service restoration will be non- discriminatory, and will be accomplished as quickly as possible according to Qwest and/or industry standards. Qwest will meet with associated personnel from Reseller to share contact information and review Qwest's outage restoral processes and notification processes. Qwest's emergency restoration process operates on a 7X24 basis. Protective Maintenance 10.Qwest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its End User Customers , its Affiliates or any other party. 10.Qwest will work cooperatively with Reseller to develop industry-wide processes to provide as much notice as possible to Reseller of pending maintenanceactivity. Qwest shall provide notice of potentially Reseller Customer impacting maintenance activity, to the extent Qwest can determine such impact, and negotiate mutually agreeable dates with Reseller in substantially the same time and manner as it does for itself , its End User Customers , its Affiliates , or any other party. 10.Qwest shall advise Reseller 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 Reseller and/or Reseller 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 Reseller promptly of any such actions it takes. Hours of Coverage 11.1 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. Escalations 12.Qwest will provide trouble escalation procedures to Reseller. 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.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 July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) is the tester. Reseller may request escalation to higher tiers in its sole discretion. Escalations status is available through telephone and the electronic interfaces. 12.Owest shall handle chronic troubles on non-designed services, which are those greater than three (3) troubles in a rolling thirty (30) Day period , pursuant to Section 9. Dispatch 13.Owest 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. 13.Upon the receipt of a trouble report from Reseller , Owest will follow internal processes and industry standards, to resolve the repair condition. Owest will dispatch repair personnel on occasion to repair the condition. It will be Owest's decision whether or not to send a technician out on a dispatch. Owest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necessary to dispatch to resolve trouble; should Reseller require a dispatch when Owest believes the dispatch is not necessary, appropriate charges will be billed by Owest to Reseller for those dispatch-related costs in accordance with Exhibit A if Owest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by Reseller facilities or equipment. 13.For POTS lines and designed service circuits , Owest is responsible for all Maintenance and Repair of the line or circuit and will make the determination to dispatch to locations other than the Reseller Customer premises without prior Reseller authorization. For dispatch to the Reseller Customer premises Owest shall obtain prior Reseller authorization with the exception of major outage restoration , cable rearrangements, and MTE terminal maintenance/replacement. Electronic Reporting 14.Reseller may submit Trouble Reports through the Electronic Bonding or GUI interfaces provided by Owest. 14.The status of manually reported trouble may be accessed by Reseller through electronic interfaces. Intervals/Parity 15.Similar trouble conditions, whether reported on behalf of Owest End User Customers or on behalf of Reseller End User Customers, will receive commitment intervals in substantially the same time and manner as Owest provides for itself, its End User Customers, its Affiliates, or any other party. Jeopardy Management 16.Owest will notify Reseller, in substantially the same time and manner as Owest provides this information to itself , its End User Customers, its Affiliates, or any July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) other party, that a trouble report commitment (appointment or interval) has been or is likely to be missed. At Reseller option , notification may be sent by email or fax through the electronic interface. Reseller may telephone Owest repair center or use the electronic interfaces to obtain jeopardy status. Trouble Screening 17.Reseller shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Owest only trouble reports that involve Owest facilities. For services and facilities where the capability to test all or portions of the Owest network service or facility rest with Owest , Owest will make such capability available to Reseller to perform appropriate trouble isolation and screening. 17.Owest will cooperate with Reseller to show Reseller how Owest screens trouble conditions in its own centers, so that Reseller may employ similar techniques in its centers. Maintenance Standards 18.Owest will cooperate with Reseller to meet the maintenance standards outlined in this Agreement. 18.On manually reported trouble , Owest will inform Reseller of repair completion in substantially the same time and manner as Owest provides to itself, its End User Customers, its Affiliates, or any other party. On electronically reported trouble reports the electronic system will automatically update status information, including trouble completion, across the joint electronic gateway as the status changes. End User Customer Interface Responsibilities 19.Reseller will be responsible for all interactions with its End User Customers including service call handling and notifying its End User Customers of trouble status and resolution. 19.All Owest employees who perform repair service for Reseller End User Customers will be trained in non-discriminatory behavior. 19.Owest will recognize the designated Reseller/DLEC as the Customer of Record for all services ordered by Reseller/DLEC and will send all notices, invoices and pertinent information directly to Reseller/DLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Owest's single and sole point of contact for all Reseller/DLEC End User Customers. Repair Call Handling 20.Manually-reported repair calls by Reseller to Owest will be answered with the same quality and speed as Owest answers calls from its own End User Customers. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) Single Point of Contact 21.Owest will provide a single point of contact for Reseller to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to Reseller for each category of trouble situation being encountered. Network Information 22.Owest maintains an information database, available to Reseller for the purpose of allowing Reseller to obtain information about Owest's NPAs , LATAs, Access Tandem Switches and Central Offices. 22.This database is known as the ICONN database, available to Reseller via Owest's web site. 22. database. CPNI Information and NXX activity reports are also included in this 22.4 ICONN data is updated in substantially the same time and manner as Owest updates the same data for itself, its End User Customers, its Affiliates, or any other party. Maintenance Windows 23.Generally, Owest performs major Switch maintenance activities off- hours, during certain "maintenance windows Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions. 23.Generally, the maintenance window is between 1 0:00 p.m. through 6:00 m. Monday through Friday, and Saturday 0:00 p.m. through Monday 6:00 a. Mountain Time. Although Owest normally does major Switch maintenance during the above maintenance window, there will be occasions where this will not be possible. Owest will provide notification of any and all maintenance activities that may impact Reseller ordering practices such as embargoes, moratoriums, and quiet periods in substantially the same time and manner as Owest provides this information to itself, its End User Customers, its Affiliates, or any other party. 23.Intentionally Left Blank. 23.Planned generic upgrades to Owest Switches are included in the ICONN database, available to Reseller via Owest's web site. Switch and Frame Conversion Service Order Practices 24.Switch Conversions: Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software hardware upgrades, the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. 24.Frame Conversions: Frame conversions are generally the removal and July 25 , 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) replacement of one or more frames, upon which the Switch Ports terminate. 24.Conversion Date: The "Conversion Date is a Switch or frame conversion planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the day after the planned Conversion Date. 24.4 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 Reseller services. During the embargo period, Owest will reject orders for Trunk Side facilities (see Section 9.24.4.1) other than conversion orders described in Section 9.24.4.3. Notwithstanding the foregoing and to the extent Owest provisions trunk or trunk facility related service orders for itself, its End User Customers its Affiliates , or any other party during embargoes, Owest shall provide Reseller the same capabilities. 24.4.ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by Reseller with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Owest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by Reseller or Owest, 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 Section 9.24.4. 24.4.For Switch and Trunk Side frame conversions, Owest shall provide Reseller with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 24.4.For Switch and Trunk Side frame conversions , Reseller shall issue facility conversion ASRs to Owest no later than thirty (30) Days before the Conversion Date for like-for-like, where Reseller mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to 88ZS). 24.Frame Embargo Period: During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where Reseller mirrors their existing circuit design from the old frame to the new frame on a like-far-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If Reseller requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to 88ZS) 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 , Owest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Owest notifies itself, its End User Customers , Affiliates, or any other party. July 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) 24.Switch Embargo Period: During Switch conversions, service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where Reseller mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If Reseller requests the addition of trunk capacity or modification of circuit characteristics to the new Switch, new facility ASRs shall be placed , and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, 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. 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. 24.LSRs of any kind issued during Switch or frame conversion quiet periods create the potential for loss of End User Customer service due to manual operational processes caused by the Switch or frame conversion. LSRs of any kind issued during the Switch or frame conversion quiet periods will be handled as set forth below, with the understanding that Qwest shall use its best efforts to avoid the loss of End User Customer service. Such best efforts shall be substantially the same time and manner as Qwest uses for itself, its End User Customers, its Affiliates , or any other party. 24.The quiet period for Switch conversions, where no LSRs, except those requesting order activity described in Section 9.24., are processed for the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 24.The quiet period for frame conversions, where no LSRs except those requesting order activity described in Section 9.24.7 are processed or the affected location , extends from five (5) Days prior to conversion until two (2) Days after the conversion. 24.7.4 LSRs, except those requesting order activity described in 24., (i) must be issued with a Due Date prior to or after the conversion quiet period and (ii) may not be issued during the quiet period. LSRs that do not meet these requirements will be rejected by Qwest. 24.LSRs requesting disconnect activity issued during the quiet period , regardless of requested Due Date, will be processed after the quiet period expires. 24.Reseller may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Owest Resale Template 4-30-07 Version 2. Section 9 Access to Operational Support Systems (OSS) be handled as emergency orders by Owest. 24.Reseller may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Owest. 24.In the event that Reseller End User Customer service is disconnected in error, Owest will restore service in substantially the same time and manner as Owest does for itself, its End User Customers, its Affiliates , or any other party. Restoration of Reseller End User Customer service will be handled through the LNP escalations process. 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. Owest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Owest does for itself , its End User Customers, its Affiliates, and any other party. 24.Switch Line and Trunk Hardware Additions: Owest shall use its best efforts to minimize Reseller service order impacts due to hardware additions and modifications to Owest's existing Switches. Owest shall provide Reseller substantially the same service order processing capabilities as Owest provides itself, its End User Customers, Affiliates, or any other party during such Switch hardware additions. July 25 , 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 10 Directory Publisher Section 10.0 - DIRECTORY PUBLISHER 10.Owest and Reseller agree that certain issues outside the provision of basic white page directory listings, such as yellow pages advertising, yellow pages listings, directory coverage, access to call guide pages (phone service pages), applicable listings criteria, white page enhancements and publication schedules will be the subject of negotiations between Reseller and directory publishers. Owest acknowledges that Reseller may request Owest to facilitate discussions between Reseller and Owest Official Directory Publishers. July 25, 2007/swd-kc/NOS Communications , Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 11 Service Performance Section 11.0 - SERVICE PERFORMANCE 11.Performance Indicator Definitions (PIDs), in their current form, are included Exhibit B of this Agreement. Subsequent changes to these riDs 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. 11.The Owest Performance Assurance Plan (OPAP), in its current form , is attachedas Exhibit K of this Agreement. Subsequent changes to the OPAP 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 25, 2007/swd-kc/NOS Communications, Inc.lldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Section 12.0 - SIGNATURE PAGE By signing below , and in consideration of the mutual promises set forth herein, and other good and valuable consideration, Reseller adopts this AGREEMENT and upon receipt by Qwest, the Parties agree to abide by the terms and conditions set forth in this Resale Agreement. NOS Communications , Inc. Signature 111/lfU~-Signature Joseph T. Koppy Name Printed/Typed L. T. Christensen Name Printed/Typed CEO Title 't-~-S-Ol Director - Interconnection Aqreements Title Mff? DateDate July 25, 2007/swd-kc/NOS Communications, Inc./ldaho/CDS-070713-0009 Qwest Resale Template 4-30-07 Version 2. Exhibit A Idaho Select the appropriate type of EAS / Local Traffic contract below. For cost docket Reciprocal Compensation Changes, leave blank: Election . ,. ". '' .' ' Notes Wholesale WholesaleDiscount DiscountPercentage PercentageRecurring NonrecurringCharGes CharGes0 Resale 1 Wholesale Discount Rates Southern Idaho Basic Exchanqe Residential Line Service1.1.2 Basic Exchanae Business Line Service IntraLATA Toll1.4 PackaGe / Special Services (e,q" Centrex, Discounted Line/Feature PackaGes, ISDN 5 Listinqs, CO Features & Information Services Private Line Operator Services / Directorv Assistance (OS/DA) Volume PackaGed Services - Hiah Volume Customers1.1.9 Public Access Line (PAL) Service Northern Idaho Basic Exchanae Residential Line Service Basic Exchanae Business Line Service / PBX IntraLATA Toll2.4 PackaGe / Special Services (e,q" Centrex, Discounted Line/Feature PackaGes, ISDN 5 Listinas, CO Features & Information Services Private Line Operator Services / Directory Assistance (OS/DA) Volume PackaGed Services - Hiqh Volume Customers 1.2,Public Access Line (PAL) Service 18,25% 18,25% 18,25% 18,25% 18.25% 18,25% 18,25% 65% 00% 18,25% 18,25% 18,25% 18,25% 18.25% 18,25% 18,25% 65% 00% 19,37% 19,37% 19,37% 19,37% 19,37% 19,37% 19,37% 87% 00% 19,37% 19,37% 19,37% 19,37% 19,37% 19,37% 19,37% 87% 00% 2 Customer Transfer Charge (CTC) CTC for POTS Service Manual 1.2 Mechanized IFirst Line lEach Additional Line CTC for Private Line Transport Services IFirst Circuit IAdditional Circuit, per Circuit, same CSR CTC for Advanced Communications Services, per Circuit IFirst Line lEach Additional Line $16, $2, $0, $0, $38, $33, $46, 12.010perational Support Svstems NOTES: 12.1lDevelopment and Enhancements, per Order $5, 12.210ngoing Maintenance, per Order $1.40 12.3 Daily Usage Record File, per Record $0,000419 12.4 Trouble Isolation Charge See 9, Unless otherwise indicated, all rates are pursuant to Idaho Public Utilites Commission Dockets: AT&T Arbitration Docket USW-96-, Order No 27738, effective September 17 1998 Cost Docket QWE-01-11 Order No, 29408 (Januarv 5, 2004) rates effective Januarv 5, 2004, Voluntary Rate Reduction Docket USW-00-, effective 6/10/02, Reductions reflected in the 5/24/02 Exhibit A, Second Voluntary Rate Reduction, Docket USW-00-, effective 6nt02, Reductions reflected in the 7/10/02 Exhibit A. Third Voluntarv Rate Reduction Docket USW -00-, effective 12/16/02, Reductions reflected in the 10/16/02 Exhibit A. TELRIC rates proposed in Cost Docket testimony filed on November 12, 2003 Market-based rates, ICB, Individual Case Basis pricinG The S1ate of Idaho has retained the oversiGht on these rates, These rates are not under the iurisdiction of the FCC, FCC ordered rates pursuant to the Fccns 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 longer bill the recurring and nonrecurring charges for Channel Regeneration, Qwest reserves the right to revert back to the contracutal rate onlv after appropriate notice is Given, 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 virtual, caged or cageless collocation job, These engineering and planning charges are also included in the Virtual, CaGed and Caqeless Quote Preparation Fees, Eft. 11/04,Qwest (Q) will no longer perlorm Bridge Tap and/or Load Coil 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 SOL & Loop Splitting, eft. 3/14/05.Q can t bill the RC rate structure but will bill the lower of the two rates, ### Page 1 of 2 Exhibit A Idaho Owest has chosen to offer this service as part of its (g) Page 2 of 2 Qwest Spirit of Service Service Performance Indicator Definitions (PI D) 14-State 271 PID Version 8. QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID) 14-State 271 PID Version 8. Introduction Qwest will report performance results for the service performance indicators defined herein. Qwest will report separate performance results associated with the services it provides to Competitive Local Exchange Carriers (CLECs) in aggregate (except as noted herein), to CLECs individually and , as applicable, to Qwest's retail customers in aggregate. Within these categories, performance results related to service provisioning and repair will be reported for the products listed in each definition. Reports for CLECs individually will be subject to agreements of confidentiality and/or nondisclosure. The definitions in this version of the PID apply in the 14 states of Qwest's local service region: Arizona Colorado, Idaho, Iowa, Minnesota, Montana , Nebraska, New Mexico, North Dakota, Oregon, South Dakota Utah , Washington and Wyoming. Individual state Performance Assurance Plans may specify and apply state specific variations from the Performance Measure definitions and/or standards contained herein. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Pagei Qwest's Service Performance Indicator Definitions Table of Contents ELECTRONIC GATEWAY AVAILABILITY........................................................................... GA-1 - Gateway Availability - IMA-GUI.............................................................................. 1 GA-2 - Gateway Availability - IMA-EDI.............................................................................. 2 GA-3 - Gateway Availability - EB-TA ................................................................................. 3 GA-4 - System Availability - EXACT .................................................................................. GA-6 - Gateway Availability - GUI -- Repair ...................................................................... 5 GA-7 - Timely Outage Resolution following Software Releases ........................................ PRE-ORDER/ORDER... ....... .......... ........................ .... ...... ....... ......... ..................................... PO-1 - Pre-Order/Order Response Times.......................................................................... 7 PO-2 - Electronic Flow-through........................................................................................ 10 PO-3 - LSR Rejection Notice Interval............................................................................... 12 PO-4 - LSRs Rejected...................................................................................................... PO-5 - Firm Order Confirmations (FOCs) On Time.......................................................... 14 PO-6 - Work Completion Notification Timeliness............................................................ . PO- 7 - Billing Completion Notification Timeliness............................................................ 18 PO-8 - Jeopardy Notice Interval...................................................................................... PO-9 - Timely Jeopardy Notices...................................................................................... 21 PO-15 - Number of Due Date Changes per Order ........................................................... 22 PO-16 - Timely Release Notifications........................................................................... PO-19 - Stand-Alone Test Environment (SATE) Accuracy...................... .......... .............. 25 PO-20 (Expanded) - Manual Service Order Accuracy...................................................... 28 ORDERING AND PROVISIONING ..................................................................................... 35 OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center ....... 35 OP-3 - Installation Commitments Met .............................................................................. OP-4 - Installation Interval................................................................................................ OP-5 - New Service Quality ............................................................................................. 42 OP-6 - Delayed Days ....................................................................................................... OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop................................................ 50 OP-8 - Number Portability Timeliness .............................................................................. OP-13 - Coordinated Cuts On Time - Unbundled Loop................................................... 52 OP-15 - Interval for Pending Orders Delayed Past Due Date .......................................... 54 OP-17 - Timeliness of Disconnects associated with LNP Orders..................................... MAINTENANCE AND REPAIR ........................................................................................... 59 MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center ....................... 59 MR-3 - Out of Service Cleared within 24 Hours ............................................................... 60 MR-4 - All Troubles Cleared within 48 hours.................................................................... 62 MR-5 - All Troubles Cleared within 4 hours...................................................................... 64 MR-6 - Mean Time to Restore.......................................................................................... MR-7 - Repair Repeat Report Rate.................................................................................. 69 MR-8 - Trouble Rate ........................................................................................................ MR-9 - Repair Appointments Met..................................................................................... MR-10 - Customer and Non-Qwest Related Trouble Reports.......................................... 76 MR-11 - LNP Trouble Reports Cleared within 24 Hours .................................................. 78 BILLING..... ............................... ........... ............ ................. .......................... ..... ......... .......... 80 BI-1 - Time to Provide Recorded Usage Records ............................................................ awest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Pageii Table of Contents (continued) BI-2 - Invoices Delivered within 10 Days.......................................................................... 81 BI-3 - Billing Accuracy - Adjustments for Errors .............................................................. BI-4 - Billing Completeness......... ........... .......... ....... ..... .................................... ...... .......... DATABASE UPDATES ....................................................................................................... DB-1 - Time to Update Databases................................................................................... 84 DB-2 - Accurate Database Updates ................................................................................. DIRECTORY ASSISTANCE ............. ............. ............... ................. ........ .............. ...... .......... DA-1 - Speed of Answer - Directory Assistance.............................................................. 87 OPERATOR SERVICES ..................................................................................................... OS-1 - Speed of Answer - Operator Services ................................................................. NETWORK PERFORMANCE ............................................................................................. NI-1 - Trunk Blocking ....................................................................................................... NP-1 - NXX Code Activation ............................................................................................ COLLOCATION ....... ......... .................. ........... ........ .... ............. ....................... ...... ............... CP-1 - Collocation Completion Interval............................................................................ 93 CP-2 - Collocations Completed within Scheduled Intervals ............................................. 96 CP-3 - Collocation Feasibility Study Interval.................................................................... 99 CP-4 - Collocation Feasibility Study Commitments Met................................................. 100 DEFINITION OF TERMS ................................................................................................... 101 GLOSSARY OF ACRONYMS ........................................................................................... 105 APPE NDIX A.................... ................... ............... ............................ .................. ........ ......... 107 Feature Detail............................ .............. ................... ............................... ....... ....... ....... 107 Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page iii Electronic Gateway Availability GA-1 - Gateway Availability - IMA-GUI Purpose: Evaluates the quality of GLEG access to the IMA-GUI electronic gateway and one associated system focusinQ on the extent they are actually available to GLEGs. Description: GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User Interface), and reports the percentage of Scheduled Availability Time the IMA-GUI interface is available for view and/or input Scheduled Up Time hours for preorder, order, and provisioning transactions are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. GA-1 D: Measures the availability of the SIA system, which facilitates access for the IMA-GUI interface and the IMA-EDI interface (see GA-2), and reports the percentage of scheduled time the SIA system is available. Scheduled availability times will be no less than the same hours as listed for IMA-GUI and IMA-EDI. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., IMA-GUI , SIA), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate 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 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 A vailabil ity:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 1 GA-2 - Gateway Availability - IMA-EDI Purpose: Evaluates the quality of GLEC access to the IMA-EDI electronic gateway, focusing on the extent the gateway is actually available to CLECs. 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 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-EDI), 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. aqqreqate results (See GA-1 D for reporting of SIA system availability. Formula: ((Number of Hours and Minutes Gateway is Available to CLEGs 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, Seventh Amended Exhibit B November 30 2004 Page 2 GA-3 - Gateway Availability - EB- Purpose: Evaluates the quality of GLEG access to the EB-TA interface, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of EB-TA (Electronic Bonding - Trouble Administration) interface and reports the percentage of scheduled availability time the EB-TA Interface is available. Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www.qwestcom/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time. Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance. An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (Le., EB-TA), affecting Qwest's ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 3 GA-4 - System Availability - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system focusina 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.awestcom/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 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 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 , Seventh Amended Exhibit B November 30 2004 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 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: 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 Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 5 GA-7 - Timely Outage Resolution following Software Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to software releases for specified ass interfaces, focusing on GLEe-affecting software releases involving the specified gateways or svstems. Description: Measures the percentage of gateway or system outages, which are attributable to ass system software releases and which occur within two weeks after the implementation of the ass 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 ass interfaces in Qwest: IMA-GUI, IMA- EDI, and CEMR, Exchan~e Access, Control , & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB -TA) OTE 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 10 or trouble ticket number). Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 6 Pre-Order/Order PO-1 - Pre-Order/Order Response Times Purpose: Evaluates the timeliness of responses to specific preordering/ordering queries for GLEGs through the use of Qwest's Operational Support Systems (OSS). Qwest's OSS are accessed through the specified gateway interface. Description: PO-1A & PO-1 B: 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 OSS. These simulated transactions are made through the operational production interfaces and existing systems in a manner that reflects , in a statistically-valid manner, the transaction response times experienced by GLEG service representatives in the reporting period. . The time interval between query and response consists of the period from the time the transaction request was "sent" to the time it is "received" via the gateway interface. . A query is an individual request for the specified type of information. PO-1G: . Measures the percentage of all I RTM Queries measured by PO-1 A & 1 B transm itted 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 messaQe back to the sender. NOTE 1 Reporting Period: One month Unit of Measure: PO-, PO-, & PO-1D: Seconds PO-1 G: Percent Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 , 2004 Page 7 PO-1 - Pre-Order/Order Response Times (continued) Reporting Comparisons: CLEC aggregate. Disaggregation Reporting: Region-wide level. Results are reported as follows: PO-1A Pre-Order/Order Response Time for IMA-GUI PO-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 3 8. Resale of Qwest DSL Qualification 9. Connecting Facility Assignment NOTE 4 10. Meet Point Inquiry NOTE 5 For PO-1A (transactions via IMA-GUI), in addition to reporting total response time response times for each of the above transactions will be reported in two parts: (a) time to access the request screen, and (b) time to receive the response for the specified transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, will be reported. For PO-1 B (transactions via IMA-EDI), request/response 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-1A & PO-1 B = L((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Queries Submitted in Reporting Period) PO-1 C PO-1 D ((Number of IRTM Queries measured by PO-1A & 1 B that Timeout before receiving response) + (Number of IRTM Queries Transmitted in Reporting Period)) x 100 L((Rejected Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Rejected Query Transactions Simulated by IRTM) Exclusions: PO-1A & PO-1 B: Rejected requests/errors , and timed out transactions PO-1C: Rejected requests and errors PO-1 D: Timed out transactions Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 8 PO-1 - Pre-Order/Order Response Times (continued) Product Reporting: None Standards: Total Response Time: 1 . Appointment Scheduling2. Service Availability Information3. Facility Availability4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification ToolsNOT~3 8. Resale of Qwest DSL Qualification9. Connecting Facility Assignment 10. Meet Point Inquiry PO-1C- PO-1 C- PO-1D-1 & 2 Availability: Available IMA-GUI ..-:::10 seconds ..-:::25 seconds ..-:::25 seconds ..-:::10 seconds ..-:::12.5 seconds ..-:::10 seconds ::; 20 seconds ::; 20 seconds ::; 25 seconds ::; 30 seconds Diagnostic IMA-EDI ..-:::10 seconds ..-:::25 seconds ..-:::25 seconds ..-:::10 seconds ..-:::12.5 seconds ..-:::10 seconds ::; 20 seconds ::; 20 seconds ::; 25 seconds ::; 30 seconds 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 , Seventh Amended Exhibit B November 30 2004 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 rocessor without human intervention or without manual ret in. Description: PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic gateway interface to the Service Order Processor (SOP) without any human intervention, Includes all LSRs that are submitted electronically through the specified interface during the reporting period, subject to exclusions specified below. PO-28 - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention. Includes all flow-through-eligible LSRs that are submitted electronically through the specified interface durin the re ortin eriod , sub'ect to exclusions s ecified below, Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate, individual GLEG Disaggregation Reporting: Statewide level (per multi- state system serving the state). Results for PO-2A and PO-28 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-28 = ((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 starUstop dates/times. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit 8 November 30 2004 Page 10 PO-2 - Electronic Flow-through (continued) Product Reporting:Standards: Resale PO-2A: Unbundled Loops (with or CO: CO PO-2B benchmarks minus 10 percent NOTE 2 without Local Number All Other States: Diagnostic Portability) PO-: NOTE 2Local Number Portability UNE-P (POTS) and UNE- (Centrex 21)Resale:95% Line Sharing Unbundled Loops:85% LNP:95% UNE-P (POTS & Centrex 21):95% Line Sharin~r DiaQnostic '~U,t:" Availability:Notes: Available (except as The list of LSR types classified as eligible for flow through is contained in follows):the "LSRs Eligible for Flow Through" matrix. This matrix also includes availability for enhancements to flow through. Matrix will be distributed Combined reporting through the CMP process. of UNE-P (POTS)In Colorado the standard for PO-2 is considered met if the standard for and UNE-P (Centrex either PO-2A or PO-2B is met. For both PO-2A and PO-, the 21) - beginning with benchmark percentages shown apply to the aggregations of PO-2A-1 and Jul 04 data on the PO-2A-2 (i.e., the combined PO-2A result) and of PO-2B-1 and PO-2B- Aug 04 report.(i.e., the combined PO-2B result). The standard and future disaggregated reporting of the Line Sharing Line Sharing -product is TBD, pending resolution of TRO issues. beginning with Jul 04 data on the Aug 04 report Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 11 PO-3 - LSR Rejection Notice Interval Purpose: Monitors the timeliness with which Qwest notifies CLECs that electronic and manual LSRs were rejected. Description: Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the LSR for standard categories of errors/reasons. Includes all LSRs submitted through the specified interface that are rejected during the reporting period. Standard reasons for rejections are: missing/incomplete/mismatching/unintelligible information duplicate request or LSR/PON (purchase order number), no separate LSR for each account telephone number affected, no valid contract, no valid end user verification, account not working in Qwest territory, service-affecting order pending, request is outside established parameters for service, and lack of CLEC response to Qwest question for clarification about the LSR. Included in the interval is time required for efforts by Qwest to work with the CLEC to avoid the necessity of rejecting the LSR. . With hours: minutes reporting, hours counted are (1) business hours for manual rejects (involving human intervention) and (2) published Gateway Availability hours for auto-rejects (involving no human intervention). Business hours are defined as time during normal business hours of the Wholesale Delivery Service Centers , except for PO-3C in which hours counted are workweek clock hours. Gateway Availability hours are based on the currently published hours of availability found on the 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: I. ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) -;- (Total number of LSR Rejection Notifications) Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the 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 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, Seventh Amended Exhibit B November 30 2004 Page 12 PO-4 - LSRs Rejected Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address Dotential issues that might be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of errors/reasons. Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the reporting period. Standard reasons for rejections are: missinglincomplete/mismatching/unintelligible information; duplicate request or LSRlPON (purchase order number); no separate LSR for each account telephone number affected; no valid contract; no valid end user verification; account not working in Qwest territory; service-affecting order pending; request is outside established parameters for service; and lack of CLEC response to Qwest uestion for clarification about the LSR. Reporting Period: One month Unit of Measure: Percent of LSRs Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggregation Reporting: Results for this indicator are reported according to the gateway interface used to submit the LSR: PO-4A-1 LSRs received via IMA-GUI and rejected manually - Region wide PO-4A -2 LSRs received via IMA-GUI and auto-rejected - Region wide PO-4B-1 LSRs received via IMA-EDI and rejected manually - Region wide PO-4B -2 LSRs received via IMA-EDI and auto-rejected - Region wide PO-4C LSRs received via facsimile - Statewide Formula: ((Total number of LSRs rejected via the specified method in the reporting period) + (Total of all LSRs that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100 Exclusions: Records with invalid product codes. Records missing data essential to the calculation of the measurement per the riD. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstoD dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic orderinQ interface). Availability:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 13 PO.5 - Firm Order Confirmations (FOCs) On Time Purpose: Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in response to LSRs/ASRs received from CLECs, focusing on the degree to which FOCs are provided within specified intervals. Description: Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the intervals specified under "Standards" below for FOC notifications. Includes all LSRs/ASRs that are submitted through the specified interface or in the specified manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from an FOC (e., EOI 997 transactions are not included. For PO-, the interval measured is the period between the LSR received date/time (based on scheduled up time) and Qwest'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 Qwest's response with a FOC notification (notification date and time). . " Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EOI , (2) that involve no manual intervention , and (3) for which FOCs are provided mechanically to the CLEC. NOTE 2 . " Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EOI and involve manual processing. . " Manual" LSRs are received manually (via facsimile) and processed manually. . ASRs are measured only in business da . LSRs will be evaluated according to the FOC interval categories shown in the "Standards" section below, based on the number of lines/services requested on the LSR or, where multiple LSRs from the same CLEC are related , based on the combined number of lines/services requested on the related LSRs.Reporting Period: One month I Unit of Measure: PercentReporting Disaggregation Reporting: Statewide level (per multi-state 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 = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received date/time (based on scheduled up time))" is within 20 minutes) -;- (Total Number of original FOC Notifications transmitted for the service category in the reporting period)) x 100 PO-, 5C , & 50 = HCount of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time) - (Application Date & Time)" is within the intervals specified for the service category involved) -;- (Total Number of original FOC Notifications transmitted for the service category in thereportinQ periodH x 100 Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 14 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Exclusions: LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the "Standards" section below, or service/request types, deemed to be ects. Hours on Weekends and holidays. (Except for PO-SA which only excludes hours outside the scheduled up time). LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements. Records with invalid product codes. Records missing data essential to the calculation of the measurement per the PID. Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #' Invalid starUstop dates/times. Additional PO-50 exclusion: Records with invalid a Jplication or confirmation dates. Product Reporting:Standards: For PO-SA (all):95% within 20 minutes NUIt: ~ 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 intervals UNE-P (POTS)specified below PLUS 24 hours NOTE 3 and UNE-P Centrex For PO-50 (LIS Trunks):85% within eiqht business days(b) Unbundled Loops and specified Standard FOC Intervals for PO-58 and PO-Unbundled Network Elements.Product Group NOTE 1 FOC Interval(c) LNP Resale For PO-50: 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 chanqes/adds/removals (all) LNP 24 lines Unbundled Loops 24 loops 2/4 Wire analog DS3 Capable Sub-loop 1-24 sub-loops rincluded in Product Reportinq group (b)) Line Sharing/Line Splitting/Loop Splitting 24 shared loops (included in Product Reportinq qroup (b)) Unbundled Network Element-Platform (UNE-P POTS) 1 - 39 lines Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 15 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 Check(NOTE2 3) 1 - 24 loops 2/4 wire Non-loaded ADSL compatible ISDN capable XDSL-I capable DS1 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. PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Resale ISDN-Basic Conversion As Specified New Installs Address Changes Change to add Loop ISDN-PRI (Facility) PBX DSO or Voice Grade Equivalent DS1 Facility DS3 Facility LNP Enhanced Extended Loops (EELs) (included in Product Reporting group (b))~1 1~ci~~ 10 lines 24 trunks 25-49 lines 12 trunks 240 trunk circuits Availability: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 48 hours 72 hours 96 hours 8 business days 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 = I.((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 = I.((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 disaqqreqation reportinq). 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, Seventh Amended Exhibit B November 30 2004 Page 17 PO.7 - Billing Completion Notification Timeliness Purpose: To evaluate the timeliness with which electronic billing completion notifications are made available or transmitted to CLECs , focusing on the percentage of notifications that are made available or transmitted for CLECs or osted in the billin s stem for Qwest retail within five business da s. Description: PO-7A & 7B: This measurement includes all orders posted in the CRIS billing system for which billing completion notices are made available or transmitted in the reporting period , subject to exclusions shown below. Intervals used in this measurement are from the time a service order is completed in the SOP to the time billing completion for the order is made available or transmitted to the CLEC. - The time a notice is "made available" via the IMA-GUI consists of the time Qwest stores the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window. - The time a notice is "transmitted" via IMA-EDI consists of the time Qwest actually transmits the completion notice via IMA-EDI. Applicable only to those CLECs who are certified and setup to receive the notices via IMA-EDI. . The start time is when the completion of the service order is posted in the Qwest SOP. The end time is when, confirming that the order has been posted in the CRIS billing system , the electronic billing completion notice is made available to the CLEC via the same ordering interface (IMA-GUI or IMA-EDI) as used to submit the LSR. Intervals counted in the numerator of these measurements are those that are five business days or less. PO-7C: This measurement includes all retail orders posted in the CRIS Billing system in the reporting period , subject to exclusions shown below. Intervals used in this measurement are from the time an order is completed in the SOP to the time it is posted in the CRIS billing system. . The start time is when the completion of the order is posted in the SOP. The end time is when the order is posted in the CRIS billing system. Intervals counted in the numerator of this measurement are those that are five business days or less. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: PO-7A and -7B: CLEC aggregate and individual CLEC results. PO-7C: Qwest retail results. Formula: For wholesale service orders Qwest enerates for LSRs received via IMA: PO-7A = (Number of electronic billing completion notices in the reporting period made available within five business days of posting complete in the SOP) + (Total Number of electronic billing completion notices made available during the reporting period) (Number of electronic billing completion notices in the reporting period transmitted within five business days of posting complete in the SOP) + (Total Number of electronic billing completion notices transmitted during the reporting period) Disaggregation Reporting: Statewide level. . PO-7A Notices made available via IMA-GUI . PO-7B Notices transmitted via IMA-EDI . PO-7C Billing system posting completions for Qwest Retail PO-7B = For service orders Qwest enerates for retail customers 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) + (Total number of retail service orders osted in the CRIS billin s stem in the reportin period Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 18 PO-7 - Billing Completion Notification Timeliness (continued) Exclusions: PO-7A, 7B & 7C Services that are not billed through CRIS, e.g. Resale Frame Relay. Records with invalid completion dates. PO-7A & 7B LSRs submitted manually. ASRs submitted via EXACT. Product Reporting:Standard: Aggregate reporting for all products ordered through IMA-PO-7A and -7B: Parity with PO- GUI and , separately, IMA-EDI (see disaggregation reporting). Availability:Notes: Available Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 19 PO-8 - Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to GLEGs (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 reportinQ period that received jeopardy notifications. Reporting Period: One month Unit of Measure: Average Business days 1M" I Reporting Comparisons: GLEG Disaggregation Reporting: Statewide level. aggregate, individual GLEG and Qwest (This measure is reported by jeopardy notification process Retail results as used for the categories shown under Product Reportinq. Formula: (1:(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 A Parity with Retail POTS Unbundled Loops (with or without B Parity with Retail POTS Number Portability) LIS Trunks G 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, Seventh Amended Exhibit B November 30 2004 Page 20 PO-9 - Timely Jeopardy Notices Purpose: When original due dates are missed , measures the extent to which Owest notifies customers in advance of jeopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Owest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity Missed due date orders with jeopardy notifications provided on or after the original due date is past will be counted in the denominator of the formula but will not be counted in the numerator. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide level. aggregate, individual CLEC and (This measure is reported by jeopardy notification process as Owest Retail results used for the categories shown under Product 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 Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30,2004 Page 21 PO-15 - Number of Due Date Changes per Order Purpose: To evaluate the extent to which Qwest 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, Seventh Amended Exhibit B November 30 2004 Page 22 PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified ass interfaces sent by Owest to CLECs within the intervals and scope specified within the change management plan found on Owest's ChanQe ManaQement 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 OSS interfaces: - IMA-GUI , IMA-EDI; CEMR; Exchange Access , Control , & Tracking (EXACT); NOTE 3 Electronic Bonding - Trouble Administration (EB -TA); NOTE 4 lABS and CRIS Summary Bill Outputs; NOTE 5 Loss and Completion Records; NOTE New OSS 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 OSS 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 OSS 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 OSS notification intervals) as mutually agreed upon by CLECs and Owest through the CMP. ChanQes where Owest and CLECs aQree , throuqh the CMP, that notification is unnecessary. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 23 PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. ~ 10: 92.5% timely notifications Availability: Available Notes: 1. The Qwest Wholesale Change Management Process Document specifies the intervals for release notifications by type of notification. These intervals are documented in the change management plan. 2. The documents described in section "0 - Retirement of Existing OSS 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 OSS 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 OSS" are to be included in this measurement even though the new system is not explicitly listed in the Description" section of this PID. However, once implemented, the system will not be added to the measurement for purposes of measuring release, change and retirement notifications unless specifically incorporated as an authorized change to the PID. 7. The intervals used to determine timeliness are based on CMP guidelines. Qwest Idaho SGA T Third Revision , Seventh Amended Exhibit B November 30 2004 Page 24 PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwest's ability to provide accurate production-like tests to CLECs for testing new releases in the SATE and production environments and testing between releases in the SATE environment. Description: PO-19A Measures the percentage of test transactions that conform to the test scenarios published in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) that are successfully executed in SATE at the time a new IMA Release is deployed to SATE. In months where no release activity occurs, measures the percentage of test transactions that conform to the test scenarios published in the current IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are successfully executed in SATE during the between-releases monthly performance test. Includes one test transaction for each test scenario published in the IMA EDI Data Document for the Stand Alone Test Environment (SATE). Test transactions will be executed for each of the IMA releases supported in SATE utilizing all test scenarios for each of the current versions of the IMA EDI Data Document for the Stand Alone Test Environment (SA TE). The successful execution of a transaction is determined by the Qwest Test Engineer according to: The expected results of the test scenario as described in the IMA EDI Data Document for the Stand Alone Test Environment (SA TE) and the EDI disclosure document. The transactions strict adherence to business rules published in Qwest's most current IMA EDI Disclosure Documentation for each release and the associated Addenda. NOTE 1 For this measurement, Qwest will execute the test transactions in the Stand-Alone Test Environment. Release related test transactions will be executed when a full or point release of IMA is installed in SATE. These transactions will be executed within five business da s of the numbered release being originally installed in SATE. This five-business day period will be referred to as the "Testing Window. Mid-release monthly performance test transactions will be executed in the months when no Testing Window for a release is completed. These transactions will be executed on the 15 , or the nearest working day to the 15th of the month, in the months when no release related test transactions are executed. Test transaction results will be reported by release and included in the Reporting Period during which the release transactions or mid-release test transactions are completed. PO-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 ProducUActivity combinations. Qwest's three regions will be represented. NOTE 2 - Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validity of the content, per developer worksheets and EID mapping examples distributed as part of release notifications. NOTE 3 Reporting Period: PO-19A -- One month PO-19B: -- One month (for those months in Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B Unit of Measure:Percent November 30, 2004 Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) which release-related test transactions are completed) Reporting Comparisons: None Disaggregation Reporting: PO-19A - Reported separately for each release tested in the reporting period PO-19B -- None Formula: PO-19A ((Total number of successfully completed SATE test transactions executed for a Software Release or between-releases performance test completed in the Reporting Period) + (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 packaQed 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 awest's most current IMA EDI Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO-19B will be updated after each major IMA software release and provided to CLECs with the publication of IMA EDI Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with EDI transaction volumes ~ 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, awest will run a query against IMA to determine which combinations meet the criteria for inclusion (i.e., volumes ~ 100). Availability: Available awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 26 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) 3. The intent of this provision is to avoid including the effects of circumstances beyond the SATE environment that could cause differences in SATE and production results that are not due to problems in mirroring production. For example, because of real-time data manipulation in production, an appointment availability query transaction in SATE will not return the same list of available appointments as in production. Available appointments in production are fully dependent on real-time activities that occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 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 and as specified in the Availability section below are evaluated in this measurement. An inward line Service Order will be classified as "accurate" and thus counted in the numerator in the formula below when the mechanized comparisons of this measurement determine that the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order. An inward feature Service Order will be classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when the source fields have been properly populated on the LSR) are all accurate on the Service Order and if no CLEC notifications to the call center have generated call center tickets coded to 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 (Le., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-, as having new service problems attributed to Service Order errors. Unit of Measure:Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level Formula: ((Number of accurate, evaluated Service Orders) + (Number of evaluated Service Orders completed in the reporting period)) x 100 Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 28 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Exclusions: Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new service problems attributed to Service Order errors. Cancelled Service Orders. Service Orders that cannot be matched to a corresponding LSR Records missinq data essential to the calculation of the measurement per the PID.Product Reporting: Standard: Resale and UNE-P (POTS and Centrex 21) Benchmarks , as follows: Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1 Capable, DS3 and higher Capable, ADSL Compatible XDSL-I Capable, ISDN-BRI Capable) Availability: Phase 0 - PO-20 (Old) (the first version using sampling of limited fields). (Available now) Phase 1 NOTE 2 - PO-20 (Expanded) Mechanized version (as defined herein). All qualifying orders associated with initial LSRs received via IMA version 15.0 or higher beginning with May 2004 data reported in Jul 04. Phase 2 - Additional fields added. No later than Sep 04 results reported in Nov 04 Phase 3- Additional fields added. Targeted for 1 st Quarter 05 Phase 4 - Additional fields added. (Date TBD). Phase 1 Phase 2 Phase 3 & beyond 97% 96% 95% Notes: 1. To be included in the measurement, Service Orders created from CLEC LSRs must be received and completed in the same version of IMA-GUI or IMA-EDI. 2. Phase 1: Consists of all manually-processed qualifying Service Orders per product reporting category specified above, from throughout Qwest's 14-state local service region. LSR-Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field LSR Name identifier in the Extended ID section of the Service Order. Abbreviation PON Purchase Order PON field of LSR form compared to the PON field in Bill Number Section of the Service Order. 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 conjunction with the TEST field to determine correct USOC. TEST Testing required Applies only to Unbundled Loop. Validate that the installation USOC used on the Service Order matches the TEST request. (Evaluated in conjunction with the CHC field to determine correct USOC. Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compared to provisioning USOC for CKL 1 on the Service Order. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 29 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: 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. 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 "T" 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 "T" 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. 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 "T" 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.qwestcom/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 updatinQ the list Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 30 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: 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. 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. CentrallWestern 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 (j) section of the Service Order. L TY = 3 (Non Pub - does not appear in the directory andr::telephone number does not appear in DA.) Validate that !!! there is non published instructions in the LN field in the List"'...1.2 r::section of the Service Order.III .CentrallWestern Regions: Validate that the left handed ~:!: ;; (ij field is NP and (NON-PUB) is contained in the NP data field!!! u in the List section of the Service Order....I 0 ;:.. ...1 Eastern Region: Validate that the left handed field is NP ... ... and (NP LODA) or (NP NODA) is contained in the NP data0 0 +'....;:.. field in the List section of the Service Order.CI)- r::TOA Type of Account Validate TOA entries (only reviewed when BRO field on DL I "form is not populated): ...I TOA valid entries are B or RPc ~Validate that there is a semi colon (;) within the LN in the(ij List section of the Service Order. TOA valid entries are R or BP Validate that there is a comma (,) within the LN in the List 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). Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 31 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Phase 1 - (Effective with LSRs received beginning May 2004) Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: 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. 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 Locality section of the Service Order. Phase 2 - No later than Sep 04 results 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: LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only. If DSPTCH 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. - Qwest Specific COS field of the Centrex form compared to the CS field in the 10 section of the Service Order. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November30, 2004 Page 32 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Phase 2 - No later than Sep 04 results 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 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 in Phase above. Phase 3 - Targeted for 1st Quarter 05 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. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 33 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Phase 4 - Date TBD 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: 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 frQm 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. (Le. 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): 1/1 Number L TN field on the Listing form compared to the Main Account ... Number of the Service Order. 1/1 :::i ~ E o:"For Unbundled Loop: L TN field on the Listing form compared... 1J r:::"'oQ)to the TN floated after the LN in the Listing section of theu'+-1a::i! ::J Service Order.co;; .ii ~LNPL Letter Name LNPL field on the Listing form = L, validate that LN on the..J -Placement Service Order follows letter placement versus word placement. Resale FEATURE Feature Details If CLECs propose additional FIDs for review, awest will DETAILS undertake a feasibility evaluation. Centrex BLOCK Blocking Type If CLECs identify value in additional Blocking review, awest (Staqe 2)will undertake development. (Requirements to be developedl awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 34 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, focusinq on the extent calls 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 calls 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 aqent. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Qwest Retail results Formula: ((Total Calls Answered by Center within 20 seconds) + (Total Calls 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, Seventh Amended Exhibit B November 30 2004 Page 35 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 original 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 producUservices 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, Seventh Amended Exhibit B November 30, 2004 Page 36 OP - 3 Installation Commitments Met (continued) Product Reporting:Standards: MSA-TvDe Disaaareaation - Resale Residential single 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-desiQned provisioninQ)Parity with retail service Primary ISDN (non-designed provisioning)Parity with retail service Basic ISDN (non-desiQned provisioninQ)Parity with retail service awest DSL (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 NuTE 1 Diagnostic Line Sharing 95% Sub-Loop Unbundling CO: 90% All Other States: Diagnostic Zone- TvDe Disaaareaation - Resale Primary ISDN (desiQned provisioninQ)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (desiQned provisioninQ)Parity with retail service DS1 Parity with retail service PBX Trunks (desiQned provisioninQ)Parity with retail service awest DSL (desiQned provisioninQ)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 - DS11evei 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 90% Non-loaded Loop (2-wire)90% Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL -I capable Loop 90% ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop 90% Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aQQreQate)Line services (aQQreQate) Dark Fiber - Loop Diagnostic Loops with ConditioninQ 90% E911/911 Trunks Parity with retail E911/911 Trunks awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 37 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 CLECs order the product, in any quantity, for three consecutive months. Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 38 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 (a6 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 lC3test 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 Unit of Measure: Average Business Days Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for producUservices 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: 1:((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 reportinq 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 missinq data essential to the calculation of the measurement per the riD. Qwest Idaho SGA T Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 39 OP-4 -Installation Interval (continued) Product Reporting:Standards: MSA- TvDe Disaaareaation - Resale Residential single 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-desiqned provisioninq)Parity with retail service Primary ISDN (non-designed Parity with retail service provisioninq Basic ISDN non-desiqned provisioninq)Parity with retail service Owest DSL 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 Splittinq 3 days Loop Splittinq NU I t: ;j Diagnostic Line Sharinq 3 days Sub-Loop Unbundling CO: 6 days All Other States: Diagnostic Zone- TvDe Disaaareaation - Resale Primary ISDN (desiqned provisioning)Parity with retail service Basic ISDN(designed provisioninq)Parity with retail service DSO (desiqned provisioninq)Parity with retail service DS1 Parity with retail service PBX Trunks (desiqned provisioninq)Parity with retail service Owest DSL designed provisioning)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 DS11evei Parity with Private Lines above DS1 level Dark Fiber - IOF Diaqnostic Unbundled Loops: Analoq Loop 6 days Non-loaded Loop (2-wire)6 days Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Idaho, Iowa, Montana, Nebraska, North Dakota, Oregon , Wyoming: Parity with retail DS1 Private Line Arizona, Colorado, Minnesota, New Mexico, South Dakota, Utah, Washington: 5.5 days xDSL-capable Loop 6 days ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop 6 days Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aggregate) Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 40 OP-4 -Installation Interval (continued) Dark Fiber - Loop Diaqnostic Loops with Conditioning 15 days 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 , Seventh Amended Exhibit B November 30 2004 Page 41 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 GLEe/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 GLEe/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 Change (C-type) orders for additional lines/circuits, subject to exclusions shown below. Chan~e order types considered in these measurements consist of all C orders representing inward activity.OTE 1 Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same CLEC 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 ReDorted to ReDair 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 GLEe/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 GLEes/customers once the service order is completed in Qwest's systems. OP-New Service ProyisioninQ 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 CLEC 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. Call 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 MultiDle ReDort 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 durin!:! the provisioning process or within 30 calendar days followin!:! installation Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 , 2004 Page 42 op. 5 - New Service Qualit 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 re orted in arrears , in order to cover the 30-da eriod followin 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 com pleted 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 (i.e., while Qwest is 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 re ortin eriod with A rior to the Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 43 OP. 5 - New Service Quality (continued) beginning of the reporting period. Information tickets generated for internal Owest 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 Owest 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 the sub-measurements shown. Parity with retail service Diagnostic for six months following first reporting. After six months Benchmark (TBD) OP-5T: Diagnostic OP-5R: 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 by different proportions of wholesale and retail analogue volumes in the same reporting category. Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 44 OP. 5 - New Service Quality (continued) Product Reportina:I Standards: Reported under OP-5A. OP-5B. OP-5T and OP-5R: (Product cateQories may be combined as aQreed upon by the parties in Long-Term PID Administration. 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.Diagnostic Centrex 21 Parity with retail service 96.DiaQnostic PBX Trunks Parity with retail service 96.Diagnostic Basic ISDN Parity with retail service 96.DiaQnostic Qwest DSL Parity with retail service 96.Diagnostic Primary ISDN Parity with retail service 96.DiaQnostic DSO Parity with retail service 96.Diagnostic DS1 Parity with retail service 96.DiaQnostic DS3 and higher bit-Parity with retail service 96.Diagnostic rate services (aQQreQate) Frame Relay Parity with retail service DiaQnostic DiaQnostic 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 Qwest 96.Diagnostic DSL Loop Splitting '~U II:: 0 DiaQnostic DiaQnostic Diagnostic Line Sharing Parity with retail RES &96.Diagnostic BUS POTS Sub-Loop Unbundling Diagnostic DiaQnostic 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 Non-loaded Loop (4-Parity with retail DS1 96.Diagnostic wire) OS 1-capable Loop Parity with retail DS1 96.DiaQnostic xDSL-capable Loop Parity with retail Qwest 96.Diagnostic DSL ISDN-capable Loop Parity with retail ISDN 96.Diagnostic BRI ADSL-qualified Loop Parity with retail Qwest 96.Diagnostic DSL with dispatch Loop types of DS3 and Parity with retail DS3 96.Diagnostic higher bit-rates and higher bit-rate (agQreQate)services (aQQreQate) Dark Fiber - Loop Diagnostic Diagnostic Diagnostic Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 45 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 DS1 96.Diagnostic (EELs) - (DS1 level)Private Line Enhanced Extended Loops Diagnostic until volume 96.Diagnostic (EELs) - (above DS1 criteria are met level) Recorted under OP-5A and under OP-5R (cer OP-5A scecifications): OP-OP- LIS Trunks Parity with Feature Diagnostic Group D (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 DiaQnostic 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 (Le., 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, Seventh Amended Exhibit B November 30 2004 Page 46 OP-6 - 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 Unit of Measure: Average Business Days Reporting 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 = L((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 = L((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, Seventh Amended Exhibit B November 30 2004 Page 47 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 missina data essential to the calculation of the measurement per the PID. Product Reporting:Standards: MSA- TvDe Disaaareaation - Resale Residential sinale 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-desianed provisionina)Parity with retail service PBX Trunks (non-desiQned provisioninQ)Parity with retail service Primary ISDN (non-desianed provisionina)Parity with retail service Basic ISDN (non-desiQned provisioninQ)Parity with retail service Owest DSL (non-desianed provisionina)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 Splittina Parity with retail Owest DSL Loop Splitting NOTE 3 Diagnostic Line SharinQ Parity with retail Owest DSL Sub-Loop Unbundlina Diagnostic Zone-tvDe Disaaareaation - Resale Primary ISDN (desianed provisioninQ)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (desiQned provisionina)Parity with retail service DS1 Parity with retail service PBX Trunks (desiQned provisioninQ)Parity with retail service Owest DSL (desianed provisionina)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 D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS1 Private Line- Service UDIT - Above DS1 level Parity with retail Private Line- Services above DS1 level Dark Fiber - IOF Diaanostic Unbundled Loops: AnaloQ Loop Parity with retail Res and Bus POTS with dispatch Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Owest DSL, with dispatch ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Owest DSL, with dispatch Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 48 OP- 6 - Dela ed Days continued Loop types of DS3 and higher bit-rates re ate Dark Fiber - Loop E911/911 Trunks . Enhanced Extended Loops (EELs) - (DSO level . Enhanced Extended Loops (EELs) - (DS1 level Enhanced Extended Loops (EELs) - (DS3 level Availability: Available OP-6A: Parity with retail DS1 Private Line OP-6B: Diagnostic Diagnostic Notes: 1. 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-, 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.2. 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 (Le., 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.3. Reporting will begin at the time CLECs order the product, in any uantit ,for three consecutive months. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 49 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 disconnectinq the loop from the Qwest network and connectinq/testinq 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 loop 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: L(Completion time - Lift time) -1- (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 starUstop 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, Seventh Amended Exhibit B November 30 2004 Page 50 OP-8 - Number Portability Timeliness Purpose: Evaluates the timeliness of cutovers of local number portability (LNP). Description: OP-88 - LNP Timeliness with Loop Coordination (percent1: 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 Owest-provided Unbundled Loops and non-coordinated standalone LNP), subject to exclusions specified below. For purposes of these measurements (OP-88 and -8C), "trigger" refers to the "1 O-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Owest. . " 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-88 = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) + (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) + (Total Number of LNP activations without loop cutovers 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 Owest Idaho SGAT Third Revision , Seventh Amended Exhibit 8 November 30 2004 Page 51 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 Hours25+ 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, Seventh Amended Exhibit B November 30 2004 Page 52 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 riD which are not otherwise designated to be "counted as a miss Invalid start/stop dates/times or invalid scheduled date/times. Proiects involving 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 Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 53 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 endin orders are dela ed ast the A licable Due Date, as of the end of the re ortin eriod. 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 "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 . 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 Unit of Measure:NOTE 2OP-15A - Average Business Days OP-15B - Number of orders endin facilities Disaggregation Reporting: Statewide Reporting Comparisons: CLEC aggregate, individual CLEC, Qwest retail Formula: OP-15A = L((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)) + (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 missin data essential to the calculation of the measurement er the PID. Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 54 OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Product Reporting: I Standards: OP- 15B = diagnostic only For OP-15A: Resale Residential sinqle line service Diaqnostic Expectation: Parity with retail service Business single line service Diagnostic Expectation: Parity with retail service Centrex Diaqnostic Expectation: Parity with retail service Centex 21 Diagnostic Expectation: Parity with retail service PBX Trunk Diagnostic Expectation: Parity with retail service) Basic ISDN Diaqnostic Expectation: Parity with retail service awest DSL Diagnostic Expectation: Parity with retail service) Primary ISDN Diaqnostic Expectation: Parity with retail service DSO Diagnostic Expectation: Parity with retail service) DS1 Diaqnostic (Expectation: Parity with retail service DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service) (aqqregate) 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 awest DSL) Loop Splittinq NOTE 3 Diagnostic Line Sharing Diagnostic (Expectation: Parity with retail awest DSL) Sub-Loop Unbundling Diagnostic LIS Trunks Diagnostic (Expectation: Parity with Feature Group D (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) Non-loaded Loop (4-wire)Diaqnostic Expectation: Parity with retail DS1 DS1-capable Loop Diagnostic Expectation: Parity with retail DS1 ISDN-capable Loop Diaqnostic Expectation: Parity with ISDN-BRI ADSL-qualified Loop Diagnostic (Expectation: Parity with retail awest DSL with dispatch) Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and (aggregate)higher bit-rate services (aggregate) Dark Fiber - Loop Diaqnostic E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911 Trunks) Enhanced Extended Loops (EELs)Diagnostic awest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 55 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, Seventh Amended Exhibit B November 30,2004 Page 56 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 portinq occurs without implementing associated disconnects before the scheduled time/date. Description: OP-17A 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 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) + Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100 Unit of Measure:Percent Disaggregation Reporting:Statewide Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 57 OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17A only Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC has failed to submit timely requests to have disconnects held for later implementation. OP-17 A & 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 Qwest 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 Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 58 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) + (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 , Seventh Amended Exhibit B November 30 2004 Page 59 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 (Le., 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 (Le., 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 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 technicianlinstaller 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, Seventh Amended Exhibit B November 30 , 2004 Page 60 MR-3 - Out of Service Cleared within 24 Hours (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 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 Qwest DSL Loop Splitting NOTE 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diagnostic Zone-tvDe Disaaareaation - Resale Qwest DSL Parity with retail service Unbundled Loops Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retail ISDN-BRI xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with ISDN-BRI ADSL-qualified Loop Parity with retail Qwest DSL 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, Seventh Amended Exhibit B November 30 2004 Page 61 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 Qn the number of such trouble reports cleared within the standard estimate for specified services (Le., 48 hours for service-affecting 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) + (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 , Seventh Amended Exhibit B November 30 2004 Page 62 MR.4 - All Troubles Cleared within 48 Hours (Continued) Product Reporting:Standards: MSA-TvDe Disaaareaation Resale Residential single 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 awest DSL Loop Splittinq NOTE 1 Diagnostic Line Sharinq Parity with RES and BUS POTS Sub-Loop Unbundlinq Diagnostic Zone-TvDe Disaaareaation Resale awest DSL Parity with retail service Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retail ISDN-BRI xDSL-capable Loop Parity with retail awest IDSL ISDN-capable Loop Parity with retailISDN-BRI ADSL-qualified Loop Parity with retail awest DSL Availability:Notes: Available Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 63 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 (Le., 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 awest 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: CLEC aggregate, individual CLEC and awest Retail results Disaggregation Reporting: Statewide level. Results for listed products will be disaggregated according to trouble reports: MR- MR- In Interval Zone 1 areas; and 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 awest 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 missinq data essential to the calculation of the measurement per the PID. awest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30, 2004 Page 64 MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-Type Disaggreaation - 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 (aqqregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (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 (aqqreqate)(aqqreqate) 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) A vailabi lity:Notes: Available Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 65 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusinQ how 10nQ 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 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: 2:((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. Information tickets generated for internal Qwestsystem/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 technicianlinstaller 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, Seventh Amended Exhibit B November 30 2004 Page 66 MR-6 - Mean Time to Restore (Continued) Product Reporting:Standards: MSA- Tvee 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 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 awest DSL Loop Splitting NOTE 1 Diagnostic Line Sharing CO: Parity with awest DSL All Other States: Parity with RES and BUS POTS Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diagnostic Zone- Tvee Disaaareaation Resale awest DSL 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 (aggregate) Frame Relay Parity with retail service LIS Trunks Parity with Feature Group D (aggregate) Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS11evei Parity with retail DS1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS1 level Dark Fiber - 10F Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail awest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail awest DSL 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) awest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 67 MR.6 - Mean Time to Restore (Continued)Availability: Notes:Available 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 68 MR-7 - 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 (Le., 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 following the initial trouble report.Reporting Disaggregation Reporting: Statewide level. Comparisons: Results for product/serVices 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-type results 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, Seventh Amended Exhibit B November 30 , 2004 Page 69 MR-7 - Repair Repeat Report Rate (Continued) 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. 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 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 Qwest Retail DSL Loop Splitting NO I t: 1 Diagnostic Line Sharing AZ & CO: Parity with Qwest Retail DSL All Other States: Diagnostic Comparison with Qwest Retail DSL Sub-Loop Unbundling CO: Parity with RetailISDN-BRI All Other States: Diagnostic Zone-TvDe Disaaareaation - Resale Qwest DSL 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 (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 DS11evei Parity with retail Private Lines above DS1 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 Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL 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 Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30,2004 Page 70 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. Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 71 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 technicianlinstaller 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, Seventh Amended Exhibit B November 30, 2004 Page 72 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 Qwest DSL Parity with Qwest DSL 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 (aggregate) 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 Qwest DSL Loop Splitting NU I t: 1 Diagnostic Line Sharing CO: Parity with Qwest DSL All Other States: Parity with 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 - DS11evei Parity with retail DS1 Private Line Service UDIT - Above DS1 level Parity with retail Private Lines above DS1 level Dark Fiber - 10F Diagnostic Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-capable Loop Parity with retail Qwest IDSL ISDN-capable Loop Parity with retail ISDN BRI ADSL-qualified Loop Parity with retail Qwest DSL 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) Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 73 MR-8 - Trouble Rate (continued) Availability: Available Notes: 1 . Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 74 MR.9 - Repair Appointments Met Purpose: Evaluates the extent to which Qwest 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 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: CLEC Results for listed services will be disaggregated and reported aggregate , individual according to trouble reports involving: CLEC and Qwest 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-Qwest (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 Qwest 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 Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 75 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 MT AS 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, Seventh Amended Exhibit B November 30 2004 Page 76 MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reporting:Standards: Resale Residential sinqle line service Diaqnostic Business single line service Diagnostic Centrex Diaqnostic Centrex 21 Diagnostic PBX Trunks Diaqnostic Basic ISDN Diagnostic Qwest DSL Diaqnostic 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 Primary ISDN Diagnostic DSO Diaqnostic DS1 Diagnostic DS3 and higher bit-rate services Diagnostic (aggregate) Frame Relay Diaqnostic LIS Trunks Diagnostic Unbundled Dedicated Interoffice Transport (UDIT UDIT - DS1 level Diagnostic UDIT - Above DS1 level Diagnostic Unbundled Loops: Analoq Loop Diaqnostic Non-loaded Loop (2-wire)Diagnostic Non-loaded Loop (4-wire)Diaqnostic DS1-capable Loop Diagnostic xDSL-capable Loop Diaqnostic ISDN-capable Loop Diagnostic ADSL-qualified Loop Diagnostic Loop types of DS3 and higher bit-rates Diagnostic (aqqreqate) E911/911 Trunks Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30,2004 Page 77 MR-11 - LNP Trouble Reports Cleared within 24 Hours 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, Seventh Amended Exhibit B November 30 2004 Page 78 MR-11 - LNP Trouble Reports Cleared within 24 Hours (Continued) Exclusions: Trouble reports attributed to customer or non-Owest 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 Owest 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 missinq data essential to the calculation of the measurement per the riD. 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-11A standard is as follows: For 0-20 trouble reports : No more than 1 ticket cleared in :;. four business hours For:;. 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:;. 48 hours For:;. 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: Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 79 Billing 81-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which awest provides recorded daily usage 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 industr~ 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 awest 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-1 A above, as follows: . BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below. . BI-1C-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, subiect to exclusions specified below. Reporting Period: One month Unit of Measure: BI-, BI-1C-, BI-1C-2: Average Business Da BI-1 B: Percent Disaggregation Reporting: State level.Reporting Comparisons: CLEC aggregate individual CLECs, and awest Retail results Formula: BI-, BI-1 C-, BI-1 C-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: . UNEs and Resale . Jointly-provided Switched Access Standards: BI-1A: Parity with awest retail. BI-1 B: 95% within 4 business days BI-1 C-, BI-1 C-2: Diagnostic Comparison with the awest Retail results used in standard for BI- Availability: Available Notes: 1. "Feature group switched access" includes all type 11 OX XX detail records for Feature Groups A, B, C, and D. awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 80 BI-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Owest 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, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Owest 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 Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 81 BI-3 - Billing Accuracy - Adjustments for Errors Purpose: Evaluates the accuracy with which Owest 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 adjustment thus qualifyinQ 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 Owest Retail results Formula: (L(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 CLEC-caused errors in return of minutes of use Product Reporting:Standards: BI-3A - UNEs and Resale BI-3A - UNEs and Resale: Parity with Owest BI-3B - Reciprocal Compensation Minutes of retail bills. Use (MOU)BI-3B - Reciprocal Compensation (MOU) - 95% Availability:Notes: Available Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 82 BI-4 - Billing Completeness Purpose: UNEs and Resale - Evaluates the completeness with which Qwest 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 Qwest reflects the revenue for Local Minutes of Use associated with CLEC local traffic over Qwest'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 Qwest Retail results Formula: BI-4A - UNEs and Resale = (L(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 = (L(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 BI-4A - UNEs and Resale: Parity with Qwest Reciprocal Compensation (MOU)Retail bills. BI-4B - Reciprocal Compensation (MOU): 95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 83 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 ListinQs - Seconds Disaggregation Reporting: DB-1A: E911 for Owest Retail and Reseller GLEe-State level DB-1 B: LlDB for Owest Retail , Reseller CLEC and Facilities Based CLEC - Multi state region-wide level DB-1C-1: Listings for all Provider types including Owest 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 Owest Retail and Reseller CLEC Aggregate; DB-1 Boo LlDB: Combined results for all Owest Retail, Reseller CLEC and Facilities Based CLEC updates; DB-1C-1 - Listings: Combined results for all Provider types including Owest 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. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 84 DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)OB-1A-E911: Parity by design OB-1 B-LlOB: Parity by design OB-1G-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, Seventh Amended Exhibit B November 30 2004 Page 85 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 Owest Retail, Reseller Owest 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 Owest 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. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 86 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwest's Directory Assistance operators , focusing on how 10nQ 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 , 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 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: 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, Seventh Amended Exhibit B November 30 2004 Page 87 Operator Services OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Owest'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 Owest agent. Includes all calls to Owest's operator services during the reporting period, subject to exclusions specified below. 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, 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 by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Owest and all CLECs Disaggregation Reporting: are aggregated in a single measure.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 Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 88 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 durinQ the reportinQ period, subject to exclusions specified below. Reporting Period: One month I 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-1 B LIS trunks to Qwest end offices, with TGSR-related exclusions applied as specified below; NI-1 C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; NI-1 D LIS trunks to other Qwest end offices, without TGSR-related exclusions. Formula: HL(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 Groups)! 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 NI-1A and NI-1 B 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 b) Trouble Reports; orc) Notification of traffic re-routing (as described in Note 1 below). For NI-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 uf, 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 SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 89 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-18::; 1%: Where NI-1 8)0 1 %: NI-1 G and NI-1 D: 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 GLEG'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-1 G and NI-1 D 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-1 G and NI-1 D will be reported for information purposes only, with no standard to be applied. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit 8 November 30 2004 Page 90 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) + (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) + (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, Seventh Amended Exhibit B November 30 2004 Page 91 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 Owest-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. Owest Idaho SGAT Third Revision , Seventh Amended ExhibitB November 30 2004 Page 92 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, rhysical 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 "Readv 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, Seventh Amended Exhibit B November 30, 2004 Page 93 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 A , - 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-1 B 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-1 A, CP-Band CP-1 C) LHColiocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 94 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. lications. Standards: CP-1A: 90 calendar days CP-1 B: 120 calendar days CP-1 C: 150 calendar da s 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 reportin i.e., consistent! more than two per month in an state. Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 95 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 agreements. 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. aTE 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. 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 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, Seventh Amended Exhibit B November 30, 2004 Page 96 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 , Seventh Amended Exhibit B November 30,2004 Page 97 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 (Le., six months of experience from first installations), and ordered in volumes warranting re ortin Le., consistentl more than two er month in an state. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30,2004 Page 98 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: ~((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 (Le., six months of experience from first installations), and ordered in volumes warranting reporting (Le. consistently more than two per month in any state). Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 99 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Owest 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 Owest completes the Feasibility Study and provides it to the CLEC. . The Collocation Application Date is the date Owest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Owest 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 and individual CLEC results Disaggregation Reporting: Statewide level. Formula: ((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) -;- (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more 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). Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 100 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 , Seventh Amended Exhibit B November 30 2004 Page 101 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-O - Digital Service Level O. Service provided at a digital signal speed commonly at 64 kbps, but occasionally at 56 kbps. DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps. DS-3 - 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, Seventh Amended Exhibit B November 30, 2004 Page 102 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. Qwest 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 Qwest (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 Qwest'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 ILEC work groups in response to a complete, valid local service request. Qwest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 , 2004 Page 103 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 awest 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 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 awest 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 awest 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. awest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30, 2004 Page 104 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 Exchanqe Carrier Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer Service Record Directory Assistance Decibel Database DSO Digital Service 0 DS1 Digital Service 1 DS3 Diqital Service 3 E911 MS E911 Manaqement System EAS Extended Area Service EB-Electronic Bondinq - Trouble Administration EDI Electronic Data Interchanqe 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 Hiqh Capacity Diqital Service IEC Interexchanqe Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portability 10F Interoffice Facilities (refers to trunk facilities located between Owest central offices) ISDN Inteqrated Services Diqital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchanqe Routinq Guide LlDB Line Identification Database LIS Local Interconnection Service Trunks LNP Lonq Term Number Portability LSR Local Service Request , T Service Order Types - - N (new), T (to or transfer), C (chanqe) NANP North American Numbering Plan NDM Network Data Mover NPAC Number Portability Administration Center NXX Telephone number prefix OBF Ordering and Billing Forum Owest Idaho SGAT Third Revision , Seventh Amended Exhibit B November 30 2004 Page 105 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION OOS Out of service (type of trouble condition) OSS Operations Support Systems 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 Signaling System 7 STP SiQnalinQ 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 HiQh-bit-rate DSL.) Qwest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 106 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNS Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FID associated with a call forwarding don t answer USCG that determines how many rings before the call forwards to the TN provided with the GFN or GFND FIDs. HLN (HLA Hot Line) FID associated with the USCG HLA (which is on our USCG 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 USCG HME (which is on our USCG 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 PGS 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 MSS If the GLEG 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 , Seventh Amended Exhibit B November 30 2004 Page 107 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc. We currently have 9 custom ring USOCs on our PO-20 USCG 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 USCG and that the two-digit number matches the two-digit number provided on the LSR. 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- 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-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. WL (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 USCG and that the one or two numeric value matches the one or two numeric value provided on the LSR. awest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 108 APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our USOC 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 USCG 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 USCG 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- 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. AOS (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 USCG 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 USCG and that the three-digit code matches the three-digit code provided on the LSR. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 109 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with 503, 505, 5FB, C2TAX (Electronic Business 5et U50Cs which are on our U50C 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 USCG 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 USCG and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 110 APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC 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 1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1- 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 USCG and that the 1- 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- 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- review will validate that the FID is floated on the service order behind the feature USCG 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 USOC 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- review will validate that the FID is floated on the service order behind the feature USCG 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- review will validate that the FID is floated on the service order behind the feature USCG and that the alphanumeric value matches alphanumeric value provided on the LSR. Owest Idaho SGAT Third Revision, Seventh Amended Exhibit B November 30 2004 Page 111 Exhibits C - J EXHIBIT C Intentionally Left Blank EXHIBIT D Intentionally Left Blank EXHIBIT E Intentionally Left Blank EXHIBIT F Intentionally Left Blank EXHIBIT G Intentionally Left Blank EXHIBIT H Intentionally Left Blank EXHIBIT I Intentionally Left Blank EXHIBIT J Intentionally Left Blank Resale Exhibits C - J , Version 2.0, April 30, 2007 Exhibit K PERFORMANCE ASSURANCE PLAN Introduction As set forth in this Agreement, Owest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), prepared in conjunction with Owest's application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service. Plan Structure The PAP is a two-tiered, self-executing remedy plan. CLEC shall be provided with Tier 1 payments if , as applicable, Owest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Owest fails to meet applicable benchmarks. As specified in section 7., if Owest fails to meet parity and benchmark standards on an aggregate CLEC basis, Owest 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 , (Le., 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 , (Le., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance, (Le., an escalating payment the longer the duration of non-conforming performance). Owest shall be in conformance with the parity standard when service Owest 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 Owest performance results is significant, that is , not attributable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Owest 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 Owest 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, Owest performance results must be at least 95% to meet the benchmark. Percentage benchmarks will be adjusted to round the 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 such a Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30 2004 - 1- Exhibit K situation, the determination of whether Owest meets or fails the benchmark standard will be made using performance results for the month in question , plus a sufficient number of consecutive months so that a 100% performance result would not be required to meet the standard. For purposes of section 6., a meet or fail determined by this procedure shall count as a single month. Performance Measurements The performance measurements included in the PAP are set forth in Attachment 1. Each performance measurement identified is defined in the Performance Indicator Definitions (li PIDs ) developed in the ROG Operational Support System ("OSS") collaborative, and which are included in the SGA T at Exhibit B. 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. Statistical Measurement Owest uses a statistical test, namely the modified "test " for evaluating the difference between two means (i.e., Owest and GLEG service or repair intervals) or two percentages (e., Owest and GLEG proportions), to determine whether a parity condition exists between the results for Owest and the GLEG(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, Owest will use a permutation test to determine the statistical significance of the difference between Owest and GLEG. Owest 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. Owest 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. The formula for determining parity using the modified z-test is: z = DIFF / crOIFF Where: DIFF = Mowest - MCLEC MoWEST = Owest average or proportion Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30,2004 - 2- Exhibit K MCLEC = CLEC average or proportion O'OIFF = square root oO'Owest (1/ n CLEC + 1/ n Owest)) 0west = calculated variance for Owest nOwest = number of observations or samples used in Owest 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 Owest and CLEC performance, the above formula applies when a larger Owest value indicates a better level of performance. In cases where a smaller Owest value indicates a higher level of performance , the order is reversed , i.e., MCLEC - MOWEST. For parity measurements where the number of data points is 30 or less Owest 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 Owest 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 Owest data set or nOWEST). 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 is 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 If the fraction is greater than ex, the significance level of the test, the hypothesis of no difference is not rejected , and the test is passed. The ex 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 Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 3- Exhibit K for the particular performance measurements for which statistic testing is being performed. TABLE 1: CRITICAL Z-VALUE CLEC volume LIS Trunks UDITs All Other (Sample size)Resale , UBL-DS1 and DS- 04*645 11 -1 50 645 645 1 51-300 301 -600 601-3000 3001 and above The 1.04 applies for individual month testing for performance measurements involving LIS trunks and DS-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 section 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 determines for each CLEC performance measurement whether Owest 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 6.3 and 10., are calculated and paid monthly based on the number of performance measurements exceeding the critical z-value. Payments Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 4- Exhibit K 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 Owest 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 Owest 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 Owest makes no payment. A payment "indicator" de-escalates down from month 4 to month 3. Owest 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 Owest 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 Gaps " payment to a GLEG in a single month shall not exceed the amount listed in Table 2 below for the Per Measurement" category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments " payment to a GLEG will be the amount set forth in Table 2 below under the section labeled "per measurement." TABLE 2: TIER-1 PAYMENTS TO CLEC Per Occurrence Measurement Group Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 and each following month HiQh $150 $250 $500 $600 $700 $800 Medium $ 75 $150 $300 $400 $500 $600 Low $ 25 $ 50 $100 $200 $300 $400 Per Measurement Cap Measurement Group Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 and each following month High $25 000 $50,000 $75 000 $100 000 $125 000 $150 000 Medium $10 000 $20 000 $30 000 $ 40 000 $ 50 000 $ 60,000 Low $ 5,000 $10 000 $15 000 $20,000 $ 25 000 $ 30,000 Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30,2004 - 5- Exhibit K For collocation , CP-2 and CP-4 performance measurements shall be relied upon for delineation of collocation business rules. For purposes of calculating Tier 1 payments, collocation jobs and collocation feasibility studies that are later than the 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 10 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 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 multiplying $2 000 by the number of months 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 , Owest shall make an additional payment equal to the difference. 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 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 Owest has met parity. Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30 2004 - 6- Exhibit K 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 4 or Table 5 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 4 for the "Per Measurement" category. TABLE 4: TIER-2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group High $500 Medium $300 Low $200 Per Measurement/Ca Measurement Grou Hi h Medium Low $75 000 $30 000 $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 Owest in-region 14 states adopting this PAP. The performance measurements are: GA-1 : GA- GA- GA- GA- PO- OP- Center Gateway Availability - IMA-GUI Gateway Availability - IMA-EDI Gateway Availability - EB- System Availability EXACT Gateway Availability - GUI-Repair Pre-Order/Order Response Times Call Answered within Twenty Seconds Interconnect Provisioning Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 7- Exhibit K MR-2: Calls Answered within Twenty Seconds - Interconnect Repair Center GA-1 has two sub-measurements: GA-, and GA-1 D. PO-1 shall have two sub- measurements: PO-1 A and PO-1 B. PO-1 A and PO-1 B shall have their transaction types aggregated together. For these measurements, Qwest will make a Tier 2 payment based upon monthly performance results according to Table 5: Tier 2 Per Measurement Payments to State Funds. TABLE 5: TIER-2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measuremen Performance State Payment 14 State Payment GA-1 ,3,4,1 % or lower 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 000 $14 000 ;::.2 sec.000 $70,000 sec. ;::.5 sec.to 10 $10 000 $140,000 sec. ;::.1 0 sec.$15 000 $210,000 OP-2/MR-1 % or lower $1 ,000 $14 000 ;::.1 % to 3%000 $70 000 ;::.3% to $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: Qwest shall identify the Tier 1 parity performance measurements that measure the service provided to CLEC by Qwest 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. Performance Measurements for which Tier 1 Payment is Per Occurrence: Performance Measurements that are Averages or Means: Owest Idaho SGA T Third Revised , Fifth Amended Exhibit K, November 30 2004 - 8- Exhibit K 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. 1 .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 Zoo 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 performanee measu rement. 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. 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. Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K , November 30, 2004 - 9- Exhibit K Performance Measurements for which Tier 1 Payment is Per Measure: For each performance measurement where Owest 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: Owest shall identify the Tier 2 parity performance measurements that measure the service provided by Owest to all GLECs 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 Owest missed the performance standard for three consecutive months, or if Owest 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 Owest 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 Owest'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. 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 Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30,2004 - 10- Exhibit K 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 = (GLEG 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. 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. Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 11- Exhibit K 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 Owest 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 Owest 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 UNE-P (POTS), megabit resale, and ADSL qualified loop product disaggregation of OP-, OP-, OP-, MR-3, 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 Owest has met the parity or benchmark standards will be made using aggregate volumes of GLEGs participating in the PAP. In the event Owest 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 be apportioned to the affected GLEGs based upon each GLEG's relative share of the number of total service misses. 10.At the six (6)-month reviews , Owest will consider adding to the above list of qualifying performance sub-measurements new products disaggregation representing new modes of GLEG entry into developing markets. 11.Payment 11.Payments to GLEG , 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. Owest will pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment , Owest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 12- Exhibit K 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 Owest by CLEC on a monthly bill Owest 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.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 Owest 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. Owest 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 Owest 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 OPAP 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 self-sustaining or is no longer required Owest 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 Owest shall establish an Idaho Discretionary Fund as a separate interest bearing escrow account. Owest 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 Owest for a 12 month period beginning with the effective date of the PAP for the State of Idaho. The Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30 , 2004 - 13- Exhibit K 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. Owest 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 Owest 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 Owest 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 Owest 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 preponderance of the evidence shows the performance results underlying those payments results from an adequate Owest 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. 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 1/12th of the annual cap times the cumulative number of months to date) shall be calculated and apportioned Owest Idaho SGA T Third Revised , Fifth Amended Exhibit K, November 30, 2004 - 14- Exhibit K 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. Owest 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 Owest receives effective section 271 authority from the FCC for that State. 13.Owest 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 Owest which adopts the provisions of this PAP. 13.Owest 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. Owest will provide notice of the occurrence of a Force Majeure event within 72 hours of the time Owest learns of the event or within a reasonable time frame that Owest 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 Owest 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 Owest for services or facilities when such forecasts are explicitly required by the SGAT; 3) problems associated with third-party systems or equipment , which could not have been avoided by Owest 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 Owest Idaho SGA T Third Revised , Fifth Amended Exhibit K, November 30, 2004 - 15- Exhibit K 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 Owest'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 Owest will not be excused from Tier 1 or Tier 2 payments for any reason except as described in Section 13.0. Owest 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 Owest 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 Owest 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 Owest'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) Owest' payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Owest 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. Owest'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 Owest'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 Owest from introducing evidence of any Tier 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 Owest has met or continues to meet the requirements section 271 of the Act. Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30 2004 - 16- Exhibit K 13.By incorporating these liquidated damages terms into the PAP , Owest 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. Owest 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 Owest. 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 OPAP is awarded compensation for the same harm for which it received payment under the OPAP , 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.Owest 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 Owest Tier 1 payment to an individual CLEC exceeds $3 million in a month , Owest may commence a proceeding to demonstrate why it should not be required to pay any amount in excess of the $3 million. Upon timely commencement of the proceeding, Owest 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, Owest must file , not later than the due date of the Tier 1 payments, its application. Owest 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 Owest 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 Owest Idaho SGA T Third Revised, Fifth Amended Exhibit K, November 30, 2004 - 17- Exhibit K 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 Owest 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 SGA T with the CLEC. 14.Reporting 14.Upon receiving effective section 271 authority from the FCC for a state Owest will provide CLEC that has an approved interconnection agreement with Owest , a monthly report of Owest'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 , Owest shall have a grace period of five business days , so that Owest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Owest 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.Owest 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, Owest shall have a grace period of five business days, so that Owest 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 Owest providing CLEC's report and raw data to the State Commission. Pursuant to the terms of an order of the Commission, Owest may provide GLEe-specific data that relates to the PAP , provided that Owest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Owest provides such notice as the Commission directs to the CLEC involved , in order to allow it to prosecute such procedures to their completion. Data files of participating 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 Owest 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 , Owest 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 Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 18- Exhibit K 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, Owest 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 Owest 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 Owest 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). Owest 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 Owest measurements. In any event , Owest 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 Owest 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 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. Owest Idaho SGAT Third Revised, Fifth Amended Exhibit K, November 30 2004 - 19- Exhibit K 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 Owest'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 Owest'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.Owest may make management processes more accurate or more efficient to perform without sacrificing accuracy. These changes are at Owest'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 Owest measurement regimen. The meetings, which will be limited to Owest and the independent auditor, will permit an independent assessment of the materiality and propriety of any Owest 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 Owest and CLEC as to any issue regarding the accuracy or integrity of data collected , generated, and reported pursuant to the PAP , Owest 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 Owest 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.e., relevance to CLEGs 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 Owest non-conformance with measurement requirements (no pre-determined variance is appropriate , but should 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. Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 20- Exhibit K 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 Owest. 15.Owest 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, Owest 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, Owest , 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 Owest 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 Owest and CLECs participating in an industry Regional Oversight Committee (ROC) PID administration forum, those agreements shall be incorporated into the OPAP and modify the agreement between CLEC and Owest at any time those agreements are submitted to the Commission , whether before or after a six- month review. Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30,2004 - 21- Exhibit K 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.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. 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. Owest Idaho SGA T Third Revised , Fifth Amended Exhibit K, November 30 , 2004 - 22- Exhibit K 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 SGA T section 5.18, shall apply whether the GLEG uses the SGA T in its entirety or elects to make the PAP part of its interconnection agreements (Le., the unique dispute resolution provisions of interconnection agreements should not apply). Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 23- 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 low Med High HiQh GATEWAY Timely OutaQe Resolution GA- PRE-ORDER/ORDERS lSR Rejection Notice Interval PO- Firm Order Confirmations On Time PO- Work Completion Notification Timeliness PO- Billing Completion Notification Timeliness PO- Jeopardy Notice Interval PO- Timely Jeopardy Notices PO- Release Notifications PO-1 6 (Expanded)Manual Service Order PO-20c Accu racy ORDERING AND PROVISIONING nstallation 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 24 MR- Hours lNP Trouble Reports-Mean Time MR- Restore BilLING Time to Provide Recorded Usage Records BI- Billing Accuracy-Adjustments for Errors BI- Billing Completeness BI- NEnNORK PERFORMANCE Trunk BlockinQ NI- NXX Code Activation NP- Qwest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 24- 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. Low Volume Exception: In lieu of Section 2.4 for PO-20, where GLEG order volumes for a given month are less than 17 in Phase 1 , less than 13 in Phase 2, and less than 10 in Phase 3 and subsequent phases a benchmark standard of "no more than one order with PO-20 errors" is applied. Under this provision, no payment applies if there is only one order with errors. Stabilization Period: For each phase beginning with Phase 1 , there will be no more than a 3-month measurement stabilization period for all fields introduced in that phase. Performance results that include all such fields are not subject to payments during the measurement stabilization period. d. OP-4 is included with OP-6 as five "families:" OP-4a/OP-, OP-4b/OP-, OP-4c/OP-3, 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. e. Low volume treatment for OP-5b will apply if both (1) the GLEG volume of orders is less than or equal to 29 (the denominator of OP-5t) and (2) the number of orders with trouble in OP-5a is no more than one. When these two conditions are met, a standard of no more than one order with new service trouble applies. f. 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). g. Applicable only to xDSL-capable loops. Owest Idaho SGA T Third Revised , Fifth Amended Exhibit K, November 30, 2004 - 25- Exhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps Billing Time to Provide Recorded Usage Records - BI-1 (Tier 1fTier 2) Billing Accuracy - Adjustments for Errors - BI-(Tier 1) Billing Completeness - BI-(Tier 1fTier 2) Owest Idaho SGAT Third Revised , Fifth Amended Exhibit K, November 30 2004 - 26-